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Home My WebLink About1998-12-07 City CouncilCity of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES DATE:DECEMBER 7, 1998 CMR: 421:98 SUBJECT:TENANT RIGHTS BOOKLET FROM THE HUMAN RELATIONS COMMISSION This is an information report and no Council action is required. BACKGROUND On March 30, 1996, the Mayor’s Round Table Forum on Escalating Rents was convened, on the recommendation of the Human Relations Commission (HRC), and former Mayor Lanie Wheeler. The forum was held to investigate and make recommendations to the City Council on actions to be taken by the City Administration to address the issue of escalating rent increases, related housing issues, and concerns in the City. The Mayor’s Round Table received testimony from six agencies involved in housing issues; the Tri-County Apartment Association (TCAA), Mid-Peninsula Citizens for Fair Housing (MCFH), the American Red Cross, the Peninsula Area Information and Referral Services (PAAIRS), the East Palo Alto Rent Stabilization Board, the Palo Alto Housing Corporation (PAHC), and from the community at large. As a result of the forum testimony, former Mayor Lanie Wheeler recommended the following for Council direction to the staff in a February 13, 1997 memorandum to the Council: 1. Pursue the development of a Tenant’s Rights Handbook. o Develop and conduct additional educational programs for rental owners and tenants, including, sample forms and explanatory handouts for implementation of the City’s Rental Stabilization Ordinance. A Tenant/Landlord Workshop was held on March 21, 1998 and one is scheduled for Februazy 1999. Pursue State advocacy for legislation regarding extension of notice to 60 days for rental increases. State legislation was drafted by the City Attorney and sponsored CMR: 421:98 Page 1 of 3 during the 1997 State legislative session by State Senator Byron Sher. The Governor vetoed the legislation. The memorandum identified the following items for referral to the Council’s Policy and Services Committee: Consider increased support to agencies such as the Peninsula Area Information and Referral Service (PAAIRS) and the Mid-Peninsula Citizens for Fair Housing (MCFH) to enhance their abilities to gather data and develop outreach programs. Assist rental owners and tenants by promoting the use of conciliation and mediation services for rent and other disputes. 3.Enhance opportunities that expand mediation services. Amend Palo Alto Municipal Code (PAMC) to require a 60-day notice for rental increases on leased apartments. o Amend the PAMC to prohibit price differentials between month-to-month and leasehold tenancies. o Amend PAMC to eliminate the exemption for single-owner, rented condominium projects. 7.Amend PAMC to require "publication" of rents. 8.Develop a rental Owner-Tenant Mediation Ordinance. DISCUSSION The Office of Human Services, Community Services Department has developed a handbook entitled, City of Palo Alto Tenant Guide, which is attached for Council’s review. Staff will distribute the guide to libraries, city community centers, and through the network of community agencies involved in housing and housing issues. CMR: 421:98 Page 2 of 3 ATTACHMENTS Attachment One: City of Palo Alto Tenant Guide Brochure Attachment Two: Report of Mayor’s committee on Escalating Rents PREPARED BY: Kathy Espinoza-Howard, Administrator of Human Services DEPARTMENT HEAD: PAUL THILTGEN Director of Community Services CITY MANAGER APPROVAL: HARRISON Assistam City Manager CMR: 421:98 Page .; of 3 DATE: TO: FROM: F~ruaryl3,1~7 Office of the Cky Cotm¢il MEMORANDUM 7 Coum~il Member l.~mie Wheeler $1.1BIEC~: Report of Mayor’s Committee on Escalating Rents This memomMum ~ts a report to th, ~ity Couzeil from the Mayor’s Committee on ~ Rents. This report concludes about one year of izv,stigmio~ otnmunity d.illogue, and interest group discussions on the issues. COUNCIL DIRECTION TO STAFF Update, localize, priat and distn’but¢ the Temmts Rights mad I~ponstTmqit~ ~k based upon the t~ow-out-of-tn~ Departm¢nt of " Develop and conduct additional ¢ducatiom~ 1~o~ fc~ ~ owners and mmmts, inCluding: Pmtm’e sample forms mad e~latmtoty handout~ for implementation of the City’s Rental Stabilization ordinance (which getmrally requites rental ow~en; to offer oa¢ y~z l~ses) Advocate legislation permitting 60 Day Notice Ordinances on Leases. Sponsor propcc, zxl Sher legishtion. COUNCIL REFER TO POLICY AJffD SERVICES CO~ Ccrasider inew.asexl support to ageneim such as the Peninsula Area Information and Referral Service (PAAIRS) and the Mid-Peninmfla Citiz,~ for Fair Housing (MCFH) to enhanc, their abilities to gather data and develop outreach progrmm ~ch as facilitated meetiags at apartm~t complexes and educational programs for both rental owners and tenants; 2.¢.Assist rtmtal owners ~md ten~mts by promoti~ the use of conciliation and mtdiation ~rvices for rent ~md oth~ disputes; . Memorandum from Council Member Lazfi¢ Whe¢l~ F, elmzary 13, 1997 Report of Mayor’s Committee oxz Escalating Rents 2.D.Ealumce optxax~ties for agencies such as PAAIRS to providLc vxpaadext mediation services Ame~ PAMC to R~uir~ 60 Day Notice fo~ R~ntal Increases on Lea~ Amend PAMC to Prohibit Price Diff¢~ I~twee~ Month-to-Month and Lm.~old Tenandes 6.Amend PAMC to eltmimte the exemption for singlc,.owaer, renteAcondominium proj~s Ameaut PAMC ~ ~equire "l:~blicatioa" of rents Devdop a Rental Owner-Tenant Mcdjau’on Ordinanc~ Th~ zegort is iat~lui as a ~ point for Couadl rathor than a conduslon. It is impoz~t to note that th~ actiozzs hav~ not been az~lyzed for staffing impac~ City of Palo Alto ¸0 to the most frequently asked questions about Rental Housing Acknowledgements The Office of Human Services, City of Palo Alto appreciates the contributions to this guide made by the following people and organizations: Eve Agiewich -- Palo Alto Human Relations Commission Liza Julian -- Mediation Consultant Sylvia Kennedy -- Community Legal Services Trina Lovercheck D Palo Alto Area Bar Association Lawyer Referral Service Ann Marquart -- Project Sentinel Kathy Thibodeaux -- Tri-County Apartment Association Pare Thomas -- Midpeninsula Citizens for Fair Housing CITY OF PALO ALTO OFFICE OF HUMAN SERVICES The City of Paio Alto’s Office of Human Services is pleased to provide this guide to the most frequently asked questions about rental housing. You will find information about: ¯The Palo Alto Rental Housing Ordinance Deposits Privacy ¯ Lease agreements ¯ Rent increases L~~¯ Upkeep and repair responsibilities ~~,¯ Evictions and discrimination ¯Loca! helpful organizations and agencies Useful rental housing publications pg 2 pg 2 pg 3 pg 4 pg 4 pg 5 pg 6 pg 10 pg 11 Text of Palo Alto Rental Housing Ordinances pg 12- Remember, any dispute which arises from issues covered in this pamphlet you may try to resolve by using the landlord-tenant mediation process. (For more information, cal! the Pa!o A!to Mediation Program at 650-856-40~) For more copies of this booklet call 650-329-2375 PALO ALTO’S RENTAL HOUSING ORDINANCE REGARDING LEASES Doesn’t the Palo Alto Rental Housing Ordinance require a one-year lease? The City of Palo Alto has a rental housing stabilization ordinance which requires landlords to offer tenants in most multiple family dwellings a written one-year lease which spells out the rent requirements over the year. The lease offer may be rejected by the tenant, but only in writing. If both the landlord and tenant wish to continue their rental relationship after the one-year lease expires, the landlord must offer another one-year lease agree- ment annually. (See text of ordinance on page 12.) LEASE/RENTAL AGREEMENTS I made an oral agreement with my Is it binding? landlord. Fhave the right to sublease my apartment? Some lease agreements expressly prohibit subleases. Others may require your landlord’s permission before you sublease. Even if your lease does not prohibit or limit subleasing, it’s wise to dis- cuss your plans with your landlord in advance. DEPOSITS If I give a landlord a deposit to hold an apartment and ! change my mind, can I get my money back? Generally, no, even if your inability to rent is not your fault. A hold- ing deposit guarantees that the landlord will not rent the unit to another person for a stated period of time. If the landlord rents to someone else during the holding period, the entire deposit must be returned to you. What is the maximum security deposit I can be charged and when can I get it back? Th ,ws a landlord to charge an amount up to and includ- rent for an unfurnished unit deposit and three ished unit deposit. Within three weeks landlord must either send you a full statement that lists reasons of a y be used the lease, plus the remaining refund. ~d the last month’s rent, if that is r ~e~tal agreement. Landlords are not ):n ~e deposits. Be sure to get a receipt the purpose of the deposit, i.e., rent. Do ! get my deposit back if there is no damage, only normal wear and tear? Wear that occurs under normal circumstances is not deductible. The landlord may deduct money from your deposit for cleaning, damage and unpaid rent. RENT INCREASES Is there rent control in Palo Alto? No. There is no limit to the amount of a rent increase or frequency of rent increases if you are on a month to month. the How much notice of a rent increase does the landlord have to give? If the tenant has waived the one-year lease agreement (see above), state law requires a 30-day written notice of a rent increase. PRIVACY Does the landlord have a right to come The law requires the landlord give you at least before entering your unit except in an abandoned the property. With proper notice enter your unit to make repairs or im workers, or show the unit to tenants or UPKEEP AND REPAIR RESPONSIBILITIES Is the landlord obligated to paint and clean the carpet before I move in ? No.The landlord is responsible for providing a safe and habitable unit. This means the walls and roofs must not leak, there should be no broken doors or windows, the plumbing, gas, heater, wiring and lights must work, and the floors, railings and stairways must be safe. The landlord is also responsible for providing sufficient covered trash cans and to take care of pests such as rodents.The landlord is not obligated by law for providing a clean carpet, fresh paint or screens on the doors and windows. However, this does not prevent the tenant from trying to negotiate those items in a rental agreement. Who is responsible for what repairs? The landlord is responsible for the proper maintenance of the items listed above. The tenant is responsible for damage that results from neglect or abuse. The rental agreement may also stipulate certain responsibilities for each party. Am i supposed to report needed repairs and how much time does the to make the repairs? Yes repairs. It’s best to noti- and in writing, in general, the are not urgent within 30 ~s soon as possible, if you are ..... t~ ~espond to your request, ¯ ogram at 650-856-4062. EVICTION Why can I be evicted? Eviction is a legal process for removing a tenant who has violated the rental agreement or has not complied with a notice ending the tenancy. You may be evicted for not paying rent, materially damaging the rental property, interfering with other tenants, using the rental unit for an illegal purpose or violating the rental agreement. What can I do when I get a 30-day notice? A landlord may give you a 30-day written notice requesting that you vacate the apartment within 30 days. In a month-to-month rental situation landlords are generally free to issue a notice end- ing your tenancy for any lawful reason. If you have a lease, the notice must state the reason for the eviction. When you receive such a notice, you have the following options: 1. Vacate the premises within 30 days to avoid being sued and to preserve a good credit record. :2. Negotiate with your landlord to request additional time to vacate the premises. It is important that any agreement you make with the landlord be in writing to assure clarity of the terms. :3. Seek legal assistance,if you believe the notice was issued because you requ repairs or otherwise exercised your legal rights. (’. What can ! get a 3-day no y issue a 3-day notice vvhen a time or "mportant When youfol owin .... has failed to 1. If the notice demands rent payment, pay the amount due within three days of receiving the notice or vacate the unit within three days. If the notice states that you have violated a term of the lease, stop violating the agreement within the three day period and let your landlord know in writing that you have stopped. Once you comply with the demands of the notice within the three days, the landlord ~ use the 3-day notice to evict you. ~,~;f" 2. Negotiate with the landlord to request additional time to pay the amount owed or to comply with the lease terms. Make sure the agreement you make with the landlord is in writing to assure clarity of the terms. :3. Seek legal assistance, especially if you believe the notice con- tains errors. (See referral list.) Can the landlord change the locks or call the police ill remain in the unit after the 3-day or the 30-day notice expires? No. In order to I expiration of the lord has the right with the partment within a ourt, the Court will Ily has only 5 ld Complaint to fil advocate if you assistance with fil can ] do If, ydU do not file Unlawful Detainer against the evi~ r.You the landlord’s only option at the 30-day notice is to sue you. The land- erve you with cou called a Corn you do not ent known as an landlord can get session of your If you do fil r with the dule a trial date A tenant ..... from the day of swer with .~ve a Summons i~nswer. (See the Summons a hous- laint and need ~heriff posts a door? r with the Court in response to the a!nt, or you lose at ~rial a~e, defending may ~st Notice on right to ask the Court foi )nal time (up to 40 days) to find substitute housing if vacating imme- diately would present a hardship for you. To request additional time, you must file an application with the Court for a ’Stay of Execution.’ For the application form and additional information regarding a Stay of Execution, see the referral list on page 10. What if ! think the landlord is evicting me because I complained about a problem ? If you think you are being evicted because of something you did which was within your rights such as complaining about a problem or contacting a public agency to inspect the unit or cite the land- lord, this is known as a retaliatory eviction and it is illegal. You should contact an attorney or legal aid. (See referral list). DISCRIMINATION What is discrimination ? Discrimination is the differential treatment of people based on their race, color, religion, sex, marital status, sexual orientation, national origin, physical or mental disability, age, the presence of children in a family, or any arbitrary basis. Federal and state laws prohibit discrimination in housing. These laws prohibit discrimi- nation in the application process, in the terms and conditions of tenancy, in the use of facilities and services and in the eviction process. If you feel you are a victim of discrimination, call Midpeninsula Citizens for Fair Housing at 650-327-! 71 8. Can a landlord refuse to rent to me because ! have children ? No. It is unlawful to refuse to rent or lease a housing accommo- dation, refuse to negotiate for the rental or lease of a housing accommodation, or otherwise deny to or withhold from any per- son or persons, a housing accommodation on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child. It is also unlawful to discriminate against any person in the terms, conditions, or privileges of the rental or lease of a hous- ing accommodation, or in the provision of services, facilities or ben- efits, in connection therewith, on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child. However, nothing in this chapter shall preclude any person from imposing reasonable restrictions on the use of common areas, facilities, and services .which are necessary to protect the health and safety of a tenant. (See text of CH. 9.74 on page 13.) Can a landlord a unit? For an explanation Citizens for Fair law grants disabl ed on the same , property byal common areas,at the te~ such as no pets where a number of people who occupy ncy issues, call 50-327-1718. Midpeninsula and applica as all other tena ~ust ’reasonably ir~asonable’ modifi~ own expense, or ~led tenant need~ an that ! make a be, reasonable a~a fair. about incorn~r~,’~re._~.~ 6 ~ right to be :)plicants. In a per- a unit or to a policy animal. call WHERE TO GO FOR INFORMATION AND HELP ABOUT ... ¯ California State Dept. of Fair Employment & Housing .......408-277-1264 ¯ City of Palo Alto Departments: City Attorney ....................................650-329-2171 Code Enforcement ...............................650-329-2358 Police Department ...............................650-329-2413 Human Resources Department ...................650-329-2376 Animal Services ..................................650-496-5971 ¯ Emergency Shelter .................................1-800-7-SHELTER ¯ Housing Discrimination Midpeninsula Citizens for Fair Housing .........................650-327-1718 ¯ Landlord Assistance Tri-County Apartment Association ................408-297-0483 ¯ Legal Assistance - Low Income Community Legal Services (Eviction defense, repair issues, subsidized housing) .....408-283-3700 Voice Help Line ..................................408-283-3800 ¯ Legal Assistance - Private Palo Alto Area Lawyer Referral Service ............650-326-8322 Santa Clara Co. Lawyer Referral Service ............408-971-6822 ¯ Legal Assistance Related to Special Needs: Asian Law Alliance ................................408-287-9110 Mental Health Advocacy Project ..................408-294-9730 Monolingual Spanish Speakers/C~mmunity Legal Services... 408-283-3700 Senior Adult Legal Assistant, ........408-295-5991 ¯ Mortgage Default and Project Sentinel. ¯ Pest Control ...... ¯ Resolving Tenanl . Palo Alto Medi~og ¯ Senior Needs and ares Avenidas .............. ¯ Small Claims Court A( ~ Subsidized and Affordable Palo Alto Housing Corpo ® Tenant/Landlord Rights Palo Alto Mediation ¯ Other Services Available in call United Way .......... ¯ .408-299-2C ......... 650-32~ USEFUL PUBLICATIONS ABOUT RENTAL HOUSING ¯A Guide to Residential Tenants’ and Landlord Rights and Responsibilities Send a check for $2 made out to ’Department of Consumer Affairs’ to California Tenants, c/o Department of Consumer Affairs, PO Box 989004, Sacramento, CA 95798-0004. For more information, call 1-800-952-5210. ¯ The Rental Housing Handbook for Santa Clara County Available from Project Sentinel, 650-856-4062. ¯ Your Guide To Fighting Housing Discrimination Available from Project Sentinel, 650-856-4062. ¯ What To Do When Your Landlord Fails To Make Repairs Available from Community Legal Services, 408-283-3700. ¯ What Are Your Rights As Tenants With Disabilities? Available from Midpeninsula Citizens for Fair Housing, 650-327-1718. ¯Answer Unlawful Detainer; Self-Help Eviction Defense Materials able from Community Legal Services, 408-283-3700. ¯ .~Tenants’ Rights: Press, available at local b andbook Palo Alto Municipal Code 9.68.030 Rental Housing Stabilization 9.68.010 Purpose It is found and declared that there is a growing shortage of, but increasing demand for hous- ing in the city of Palo Alto. Such shortage and increased demand, coupled with increasing infla- tion, have placed substantial pressure on those residents of Palo Alto seeking rental housing.This council finds that tenants are entitled to a contractual relationship with a landlord that offers some assurance of stability under the terms of a written lease so as to minimize displacement of tenants into a rental housing market which affords them few and expensive options. (ord. 3252 §1 (part), 1980) 9.68.030 Requirement of offering one year written leases. (a) Offer. If a tenant or prospective tenant wishes to rent a rental unit from a landlord and if said landlord wishes to rend said rental unit to said tenant or prospective tenant, the landlord must offer to the tenant or prospective tenant a written lease which has a minimum term of one year. Such offer must be made in writing, Signing of a lease which has a minimum term of one year shall be considered an offer in writing. (b) Acceptance. If the tenant or prospective tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an acceptance. (c) Rejection. If the tenant or prospective tenant rejects the offer for a written lease which has a minimum term of one year, this rejection must be in writing, and the landlord and tenant or prospective tenant may then enter into and agreement, oral or written that provides for a rental term of less than one year. (d) Rent. If the landlord and tenant enter into a written lease which has a minimum term of one year, such lease must set the rent for the rental unit at a rate or rates certain and these rates shall not be otherwise modified during the term of such lease. (e) Renewal of leases. If both the landlord and the tenant wish to continue the rental relation- ship, upon the expiration of the initial written lease which has a minimum term of one year, a lease shall be offered again in accordance with the procedures of section 9.681030(a)-(d): (1) Leases with a term of one year shall be offered annually. (2) Leases with a term longer than one year shall be renewable at the expiration of each lease period for a minimum term of one year. (3) A landlord shall offer annually a written lease with a minimum term of one year to a ten- ant who rejected an initial offer of a written lease with a minimum term of one year but who has rented a unit from the landlord for a period of at least twelve months. (f) Applicability.This section shall not apply to: (1) A unit which is rented to the effective date of the ordinance codified in this chapter; pro- vided that (A) if the unit is rented subject to a written lease, when the lease in effect for such a unit expires, the ordinance codified in this chapter shall then apply; and (B) if the unit is rented with- out a written lease, withing thirty days after the effective date of this section, the landlord shall offer a written lease to the tenant in accordance with this section; (2) An owner-occupied unit that is rented to a tenant for less than one year, or (3) A rental unit occupied by a tenant who subleases that unit to another tenant for less than one year, or (4) A rental unit where tenancy is an express condition of, or consideration for employment under a written rental agreement or contract. (Ord, 3929 §2 (part), 1980) 9.68.040 Tenant’s remedies. (a) Defense to action to recover possession. Failure of a landlord to comply with any of the pro- visions of this chapter shall provide the tenant with a defense in any legal action brought by the landlord to recover possession of the rental unit. (b) Defense to action to collect rent. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenant with a defense in any legal action brought by the landlord to collect rent. (c) Injunctive relief. A tenant may seek injunctive relief on his or her own behalf and on behalf of other affected tenants to enjoin the landlord’s violation of this chapter. (d) Remedies are nonexclusive. Remedies provided in this section are in addition to any other existing remedies and are not intended to be exclusive. (Ord. 3252 §1 (part), 1980) Chapter 9.74 - Discrimination against families with minor children in housing Sections: 9.74.010 9.74.020 9.74.030 9.74.040 9.74.050 9.74.060 9.74.010 Findings and purpose. Definitions. Prohibited activities. Exemptions. Requirements of financial obligations not prohibited. Penalties- Remedies. Findings and purpose. (a)The city council finds and declares that: (I) Arbitrary discrimination against persons with minor children exists in the city. (2) The existence of such discrimination poses a substantial threat to the public health and welfare of a large segment of the community, namely, families with children. (3) The overall effect of such discrimination is to encourage the flight of families from the city, resulting in the decline of stable, intergenerational neighborhoods, the closure of schools, and the reduction of social and recreational services for children and their families. (4) Such discrimination cuts across all racial, ethnic, and economic lines, but falls most heavily on minority and single-parent families with children. (5) It is consistent with the housing element of the General Plan to promote and ensure open and free choice of housing without discrimination on the basis of age or family composition. (6) Because housing is a fundamental necessity of life, it is against the public policy of the city to discriminate in rental housing against persons based upon their age, parenthood, pregnancy, or the potential or actual tenancy of a minor child. (Ord. 3411 -- 1 (part) 1983) 9.74.020 Definitions. (a) For the purposes of this chapter, certain terms are defined as follows: (I) "Senior adults" means persons sixty-two years of age or older. (2) "Housing accommodations" means any residential rental unit consisting of one or more rooms in which cooking facilities are available. (3) "Minor child" means any natural person under the age of eighteen years. (4) "Person" means any individual, firm, partnership, joint venture, association, corporation, estate, or trust. (Ordo 3411 = 1 (part), 1983) 9.74.030 Prohibited activities. (a) It is unlawful for any person having a housing accommodation for rent or lease, or any autho- rized agent or employee of such person, to do or attempt to do any of the following: (I) Refuse to rent or lease a housing accommodation, refuse to negotiate for the rental or lease of a housing accommodation, or otherwise deny to or withhold from any person or persons, a housing accommodation on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child; (2) Discriminate against any person in the terms, conditions, or privileges of the rental or lease of a housing accommodation, or in the provision of services, facilities or benefits, in connection therewith, on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child. However, nothing in this chapter shall preclude any person from imposing reasonable restrictions on the use of common areas, facilities, and services which are necessary to protect the health and safety of a tenant; (3) Represent to any person on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child that a housing accommodation is not available for inspection, rental, or lease when such housing accommodation is, in fact, available; (4) Make, print, or publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to a housing accommodation offered by that person that indicates any preference, limitation, or discrimination with respect to age, parenthood, pregnancy, or the potential or actual tenancy of a minor child; (5) Include in any rental agreement or lease for a housing accommodation, a clause or condi- tion providing that as a condition of continued tenancy, the tenants shall remain childless or shall not bear children or otherwise not maintain a household with a person of a certain age; (6) Refuse to rent after making a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodations to any person because of the potential tenancy of a minor child or children; (7) Limit occupancies to fewer than two natural persons per bedroom, unless that number exceeds the maximum allowed under the superficial floor-space requirements of Section 503(b) of the Uniform Housing Code. For those housing accommodations without any bedroom, no per- son shall be required to rent or lease to more than one person. In no case shall such occupancy limits apply to a newborn infant during the term of any lease in effect on the date,of birth of such infant unless that limit implements the superficial floor-space requirements of Section 503(b) of the Uniform Housing Code.All occupancies limitations shall be uniformly imposed and either con- spicuously posted on the premises or contained in a written policy, rules or notice; (8) Evict or otherwise demand surrender of a housing accommodation from any person because of age, parenthood, pregnancy or presence of a minor child; (9) Charge additional rent for persons living in a housing accommodation on the basis of age, parenthood, pregnancy, or presence of a minor child. (Ord. 3411 = 1 (part), 1983) 9.74.040 Exemptions. (a) Nothing contained in this chapter shall apply to or be construed: (I) To affect a housing project or development where the owner has publicly established and implemented a policy of renting exclusively to senior adults and their spouses. Deviance from or abandonment of that policy shall automatically terminate this exemption and subject the owner to all the provisions of this chapter; (2) To affect any state licensed nursing home, convalescent home, or community care facility; (3) To apply to any housing accommodation occupied by the owner; (4) To apply to any housing accommodation occupied by a tenant who subleases any portion of that accommodation to another tenant; (5) To affect any area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. (Ord. 3411 = 1 (part), 1983) 9.74.050 Requirements of financial obligations not prohibited. This chapter shall not prohibit the person having the right to rent or lease the premises from requiring the same rent, deposits, fees or charges of prospective adult tenants with minor children as he or she may require of prospective adult tenants without children. However, no discrimina- tion in the amount or manner of payment of the rent, deposits, fees or charges shall be permitted. (Ord. 3411 = 1 (part), 1983) 9.74.060 Penalties- Remedies. (a) Criminal.Violations of this chapter shall constitute an misdemeanor. (b) Civil.Any person who violates the provisions of this chapter shall be liable to each party injured by such violation for actual damages sustained by such person, costs and reasonable attorneys’ fees. In addition, the court may award punitive damages. (c) Injunctive Relief. (I) Any person who commits, or proposes to commit, an action in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. (2) Any action for injunctive relief under this chapter may be brought by the city attorney, by any aggrieved person, by other law enforcement agencies, by the district attorney or by any per- son or entity which will fairly and adequately represent the interests of the protected class. (Ord. 4453 = 46, 1997: Ord. 341 I = I (part), ~ 983)