HomeMy WebLinkAbout0449.093~' .... ' • •
, ".'
August 5, 1993
~ HONORABLe CITY COUNCIL
Palo Alto~ california
Mi4pepinsula citlsefts forJair Housing (MCFH) Family Discrimination
~
MeMbers oi tho council:
Midpeninsula Citizens for Fair Housing (HeFR) performed a telephone
audit of 20 apartment complexes in May of 1992 to ascertain
man3.gement policies pertaining to the rental of a two-bedroom
apartment to a family of four~ The audit revealed how the rental
market responded to a couple with t •• o children seeking an apartment
in Palo Alto.
A"t the City Council J%leeting of June 8. 1992, Council asked that
staft evaluate the audit report and requested that the Human
~elations Commission {HRe) review the issues raised in the audit
and develop any pertinent recommendations. 7his is an informational
report and no Council action is requested.
Background
A man posing as a home seeker called 40 apartment complexes to find
an apartment tor himself, his .. ife and their t·,.,o children.. He was
able to spe>ak to representatives of 20 of the 40 cOll:lplexes called.
Of those surveyed, 20 percent (or four complexes) had policies that
may constitute illegal discrimination against families ~ith
children, according to the City's Fair Housing Ordinance (Chapter
9.74; Discrimination Against Families ~ith Minor Children in
Housing) .. Ten percent of the buildings con~acted haJ a roaximum
occupancy limit of th~ee people per two beoLooms l and another 10
percent would not rent a two-bedroom apartment to a couple ~ith two
children unless the children were ot the same sex. Furthermore, 5
percent of the apartment buildings surveyed were willing to rent a
~wo-bedroorn apartment to a family of four, but were not willing to
rent a two-pedruom apartment to four adults ..
DiSC\lssiOIl
Midpeninsula citizens for Fair Housing (MCFH). proposed three
possible actions in response to the audit report:
1) Amend Palo Alto Municipal Code 9.74.0)0 (a) (7) to more
closely conform .. ittl state occupancy standards of two persons
per bedroom plus one additional person for the unit~
CMP..:449:91
,
Page 'A'wo
2)
3)
Draft a letter to all property owners/managers ot rental
housinq in the city. rernindinq them of their responsibilities
under the above-mentioned ordinanc~, and that the City expects
full compliance.
Be willing to petition the court for injunctive relief allowed
under Municipal Code 9.74.060, if the acove discriminatory
practices do not fully cease after MCFH 1 s intervention.
The Tri-county Apartment Association (TCAA) was also helpful in the
HRC deliberations. In a memo to the HRC, TCAA stated the following
position regarding MCFHrs request to increase occupancy standards:
1) Discrimination against children has not been demonstrated to
be a serious problem in Palo Alto;
2} The city of Palo Alto should not adopt an occupancy standard
of two persons per bedroom plus one for the following reasons;
3. overall, the existing ordinance is ~orkin9;
b. the conclUsions reached in the MCFH survey are not
statistically significant:
c. If a small percentage of rental property owners are not
complying with the existing ordinance. an educational
prog~am would be a more appropriate response than making
the ordinance :more restrictive;
d. Establishing a t'Wo plus one standard, as proposed, 'Would
increase the City's inspection and enforcement problems;
e. A standard is an ahsolute minimum.
California accepts such issues as
other appropriate criteria as a
against charges of discri:mination.
Even the State of
size. parking, and
legitimate defense
The Human Relations Commission (HRC) discussed the matter at three
HRC meetings 'Dec~mber 10, 1992; January 14, 1993 a~d February IIi
1993). Upon lengthy discussions ~ith the staff of MCFH and TCAA i
and after much deliberation. the Human Relations Commission
responded t.o the three actions suggested by HeFH as follows~
Action No. 1 was not recommended. Staff and the Human Relations
Commission viewed the non-compliances, as noted in the audit, to be
in violation of our ordinance as it currently stands. Therefore,
the need for expanding the ordinance ~a5 not dee~ed necessary.
Action :lo. 2 was thou'ght by staff an.d the HRC to be an excellent
method to remind owr.ers/managers of rental property in the city of
the existence of the ordinance. It was believed that this educa
tional outreach could go a long 'Way in rectifying the errors that
were cited in MCFH's phone audit.
CMR:449:9.3
Page Three
Action No. J was pupportec! :by statf, the-H:RC and the City
Attorneyrs otfiee-. The City Attorney has offered his office's
assistance at any time that MCFH brings such discriminatory
practices to his attention.
other strateqi •• (or 'mproving ,qual ~ect!8 to Housipg
In discussions with the ~RC~ MCFH assumed a mere proactive stance.
They recommended a series of steps the City could take to affirma
tively further fair housing actions. These additional measures
include education, promotion and enforcement.
Under the education measure, suggestions included the following
steps:
1) Mail the brochure "Fair Housing is Your Business" to owners
and managers, along with a cover letter fro~ th~ Mayor r~
questing cooperation in this .... ital mattert
2) Co-sponsor a seminar on fair housing for o~ners, manaqers,
aqf'.nts and the general publ ic:
J} Inc~ude XCFH information in the City utility bill mailinqs
and/or in the Community Services -Enjoy!-catalogue; and,
4) Generate opportunities for Hem presentations to local organi
zations.
with regard to promotion, the following activities could be
advocated with City 9upport:
1) Undertake 3 campaig~ to promote lair housing:
2) Increase the supply 01 affordable housing;
J) Take a public stand by having the HRC and City council declare
that discrimination will not be tolerated in this City, pro
viding specific actions that could he taken ~hich could act
as a powerful deterrent, (including distributing fair housing
posters to be displayed in realtors' offices and at renta~
property managers' offices); and,
4J Increase advocacy by urging the provision of a forum for
education in the workplace of ~ajor Palo Alto employers.
In terms of enforcement, the following potehtial ~ethods ~ere cited
by HeFR:
1) Enter fair housing lawsuits as a plaintiff or co-pl3.intiff;
2) Participate in fair housing cases; and,
3.) Strenqthen the City's ordinance aqainstfamily discrimination.
CMR: 449:93
• o
Page Four
MCFH believes ~hat evaluation is an essential part of these p~ogram
of'ferings and 'Would otfer to monitor proqress ter-fair housing
complhmce.
One potential probleM regarding the City's ordinance l which staff
has reviewed, is that the state passed legislation effective
J~nuary 1. 1993 which amends the state fir employment and housing
act and may result in preempting local ordinances in t.~e fair
housing area~ Various interpretations have left the II'Iatter
ambiguous and unresolved~ but the League of California Cities is
planning to sponsor a clean-up bill in the current session which
would clarify tne stat~s. Statf will keep Council informed of the
hillts status as it moves through the process.
COnelUiliiOD
Based on the recommendations of the HRC ~t their February 11. 1993
regular meeting. t!"'.e City At.torney's Office se1"l.t a letter, dated
Jul}" 15, 1993. to all property owners where two or more dwell.ing
units are located within the City of Palo Alto (Attachment 2).
The 199J/94 Com..'IIunity Development Block: Grant (CDBG) contract
between the City and MCFH was increased by $2,000, to enable MCFH
to sponsor a special fair housing wcrkshop for approximately 200
owners and managers of Palo Alto rental housjnq~ The worKshop is
to educate those in the housing industry about fair housing-laws in
qeneral and specifically about the Ci~y's occupancy ordinance.
Regarding the other proactive ~easures suggested by MCFH, the Human
Relations Commission would ask to review ~.,d discuss t.he offered
sugqestions as they pertain to policy and budget impacts.
Staff and the HRe wish to thank HCFH and the TCAA for the technical
assistance they provided regarding this iSFue.
Respectfu 11 j' submi t ted,
,t7"",-/ r.>....-,,,-:-
David Martin
Administrator of Human Services
achments:
CMR, 449: 93
Services
1J Family
2: Letter
Discrimination Ordinance
from City Attorney's Office
, .
9\ ATTACHMENT 1 r
~llUC PEACE. MQIW.S AND SAFE.'n: 974.030
naneed with mortg3ge revenue: bonds shall be
sol..::: orJy to qualified buym. the q"Jaiitied. buy·
ers of C'xh such unit shall pant ro the dry a rigru
of first .. /usa! '" puzclwl: the unit punuant '"
c!eod restri<tions to bo r""Jroe<! os pm of lilY
grwu c!ee<! with tile co.uuy ~ of Sana Clara
CO"'!'Y' provided, Ih>: the bas< pric<. as set funh
in the <:!o<d JeSlrictions. shall be iIK:Io=d by two
tbitds of the pe=oug' iDereasc: in tho CClIlSlIlll<r
Price Indo:< fmm the """ of the purdlase of I unit
by !be seIi=r 10 the dille of «coip< by city of the
noti<e of inlem '" S<ll. (Or:!. 3505 12. 19114: Ord.
3336 f I (pan). 1982)
'.70.040 EZcqJdcc, to .... 11. coctrol
requErrrneDls.
Ualcss &bey are more l!'SO'ietive. the resale
=Ols ... 'mB ...... by Secioc 9.70.030 sI!a!J COl
zpply 10 unirs desianar<d IS BMR units unc!er the
cUi' bolD", DWUt _ ptOI!3II1 or to ",yother
lIDits fill' which ...aIe CCIJIltJIs have been eJL1b.
Iisbcd by the city. (On!. 350S P. 19114: On!.
3336 II (pan). 1982)
CHAPTER ,.'"
DISCIUMINA nON AGAlNST
FAMIUES WITH MINOR CHILDREN
IN HOUSING
'.74.010 F\Ddicp uuI purpose.
(I) The dIy COUDdI1ic4s mI declares t!la:
(I) ArtJiaary 1lisortmiDaIjo<: against per·
sons _ mlDcr cbIIdn:II cisa ill tile dIy.
(Z) The _ of _ eli_CD
poses • snhmn riaJ 1brat ZD!be pabllc bea1th aod
wclli= of a Ia:Je .......... of !be CO!DlIlII1Jity.
mmdy. r.mm.. wid! cbiIdn:n.
(3) The 0W:rlIIl _ of such _ina-
lion Is '" ~ tile llighr of fomilies fmm the
city. resullinK ill the deciirIe of stable, _rgen.
entiO!l.ll neiJl>l>otboocl!. IIJe cIosute of sdIools.
and lbc-reduction of soc:W UId It!O'taDoaal SU¥.
ic;.cs for chDdren and their familiC$..
929
(~) S uctJ cii.scrin:tiJw:jon CUI3 acro$.) an :'3.
"i3.1. emruc. and: ~nomjc lines, but falls mon
heavily cn minority and singIe-p-a.""ent Caroili.!:.!'
with childml.
(S) It i..s c;cnsiStent with the hou.sing de·
men' of !he gen<raI pllll UJ promo," an<! <=
opeD UJd IRe choice ofhol:5ing without dis."rimi·
nation on the basis of age or f<..mUy composition.
(6) BCC3t.LSe housing is a funda.rneru.aj n!.
=sicy or life. il i:s against the publie roUey of <he
city 1D <fiscrlml.nJle in ronla!!loosing against p<"
soc! based "roo their age. pareruhood. p .. g.
nan'"!. or me potm.Cial or actual t.eo.an<:y of a mi·
nor child.
(oro. 3411 11 (pan) 1983)
'.74.010 Delinil;o •••
(0) For IIJe pwposes of litis chapter. =!n
Il:!m! .,.. ddined as 1b1Jows:
(1) • Senior adultS" means persons siJOz:y·
two years of age or older.
(Z) "HousiDi acaJIIlIIIod.aIions" ",eons any
~demlal remal W'lir cons:ist:ins ot one or more
rooms in oa.'bich cooldn, facWties .an: avail.able.
ro "Minor child" m.ems any IWUral p<=
IDler the ... of eip.en ,.....
(4) "hzson" m.."" any individu.\l. firm.
parm<nhip. joirIt .~ _OIl, COtpOra-
tion. eszaJe. or aust.
(On!. 3411 II (port). 1983)
'.74.030 ~Iblled actlvld.s.
(I) I. Is wrJawfuI for my pelSOll b.avlng •
bou::siJ:I& accammoc1aDoo 1br ftDt or Ieasc:. or Illy
authorized .,.". O! employee of such pencil, to
do or """"PCID do any oftbc foIIowing:
(I) Refuse 10 rem or Ie2se I bousini .e·
rommcxtaricn, refuse rc oc&tJCiate for Ihc [ClQ) or
lease of. boasinl accommodltioc. or otlJerwise
c!eoy 10 or wilbboId from any _ or pmo .....
• bousina ~_ "" IIJe basis of age.
patcl!hood. P"'IJWI<Y. or IIJe potemial or aerual
IetW!CJ' of • minor child:
(2) DiJcriminallo against any pe= in tlle
terms, COOdiIi..,.....s, or privileres of me rental 01"
lease Df a bousing aCCOUlmodation. or in the pro·
/
9.7~.04ll (J-0 ALTO MUMCll'A.LCOO€ o
visIon of suvi!;e$. f~mties or 'oClc:fiu. ir:: ton
I'lection Lhe~Wit.1, 00 U;e basis of lie. pmnt
hood. pre~c" or the potential or lCtlJJl ten·
iltCy of a. minor du.1d. However, oothinC in this
chJpu::r sball p~clude. an~ pe:aon (roQl imposing
R:lSOnablc restrictions on the use of common
U<:JS. facilities. and services which m necessary
'" pro"'" 11>0 !lcolJIl ODd smty of. ==
(3) Rep""",,, 10 any per><>n on the b:lsis or
age. pattmbood. P"'II'WlCY. or the potenti:>! 0 r
acu.al renancy of a minor child Ih:n a housing >.e.
COr:l.Dlodation if not av&ilablc for inspection. rent
al. or leu< w!>en Sllcl> bousiDi: ,""IIIIDodation
is. in fact. tv\lJ>l:Ie;
(4) MUt. print. or publish. or cause to be
made. prinred. Or pubIisIIod my notiu. SlaIemtnl.
sign. advertisement. applicatioll. or """"'" with
.. gan' to • bounng accmnmodalion olfe .. d by'
that peIWn !hat iDdi<:aIz:s ."y pm ........ limita
tion.. or cii.fCriminatioa wiIh respect to ap. parent
bood. P"JI'IIlCY. or 11>0 po=<ial or .cmal =
arry of I miDor dJiId:
(S) _iIlmyrenalapcmc!llar_
for a bousina ~. c::Joug or c:on<lj
tion providina Ih:n .IS • amdiIioa of coo 'nucd
_.11>0 _ sl!aII.......m childless orsl!all
Q,Q( beu childrco. or otbI:rwise DOl maimain , __ apelSCllo!a_.
(6) Refuse 1D .... -=makinc • bema fid<o
alfer;orlO .. ruse IX> .......... Cor 11>0 _ of. or
cdI<rwise make 1IIl3Y1iIal>Ie lit cIeDy. bousing Ie
=odaioas 10 my _ became o! 11>0 po
IeO<iai ICIaIlCy of a miD>< dJiId or dIildft:n:
(7) Limit DCaJpNKics 1D fewer Ihall two
_ pet50IIS per bed:oom. _ tI1aZ IlUlllbu
.. "",as "'" maximum llIowecl _ die super
ficial tIoor-space ~ of _ 503(b)
0(11)0 Unillnm Hoasinr CccIe. for _ bcusing
a<a>mmodalions wiII»ut my baIroom. no _
sbail be mp>irod ID mil or __ 10 mer< Ibm one
po"""-ID Ill) ease sl!aII SlIch on:upan,>, Iimils
apply 10 • DCWbom _ <1wiD11I>o term of my
lease in e!l'cct 00 die dale of bini! of JUdI inbru
ucless lh.u limit impl<mcn:s "'" supe!!ldal !loor
space ",qull<.nems of Section 503{b) of "' .. Uni
form Howin, Cod<o. All occuptnci .. liDliwions
930
sh:ill be urtiforml:w imposed. md eithe~ ,onspt,":.l
ously posted {In the rremises or conwncd in .J
wria.en por!cy, rule3 or notice;
(8) E,icror otherwise d<omand =de, of
a housing ou:.:.ornmodaticn from lny person be·
CJoUSt of .3g~. pmm:r..ood. pn:-gn.mcy or ~C::'Ice
of a mioor cttilct
(9) OWl' ..:Iditional ",ru (or po""ns u,·
in! in a hQusing accommod arion on tl'le basis 0 r
age. pan.'lthOOd. prtgnan')I. or presence of a
mmor Ctild..
(Ort!. 3411 § 1 (part). 1983)
9.7 ".<04G Exemptions.
(.) Nothini conUined in this ch.ip«r sIL1ll
.pply", or 1>< amuuecI:
(I) To affect a housing project Or develop
ment where me owner has p'J.blic1y e5tabIi~
ODd impiememot! • pr.Ii.cy of renlini <xdusi .. ly to
..mar ad~ an4d1eir spouses. Devi .... from or
abaMoDmenl olllw pan,>, shall aUIDmatically
tennirlm <his =p<ion ODd subjett the owner [0
all the provis'.ons of this chapter.
(2) To meet any state licensed musing
hOttle. coDvaiescen[ home, or community ~
f2ci!ily;
(3J To 'Wly to my !lousing "'","mo
_ c=pi«! by 11>0 owner;
(4) To apply to any housin, KCOmmo
dation DCO.1pttd by I u::wu wbo subleases any
po%!km of"'" ~ to anocher =-
(S) To zl!'ea my .... or n:t onand wIl=
two or mon: moIlile """" loa are =u:d or leased
or l:Jeld OUI for lE:Dl or la:sc. 10 a.c:com..moda1c mo-
~ bema wod Ibr """"'" h.abitJtion.
(On:!. 3411 II (pan). 1983)
'.74.0SG Requlre-m.e-au or finaacial
obUl3tiOns DOC probiblted.
Thi5 cl!apIu shall_ prohibit til< pmoa bav
ing the rigltl [0 .. m or !use the """"iscs from
J1!quiring !he same rem. c1eposits., rees or charges
of prospcoi'le adu1[ II:O.IJru: with minor ~
as he 0; she may teq~ of prospect:lve adult
te:u.1tS 9>ithout children. However'. no dlsaimi~
.nation in lhe amount or mmner of payment of me
..
rent. deposns. kes or ch.ttges shJll be p"'rmiCled.
(On\. 3411 fI (pon). 19!3)
'.14.060 Ptn.lldt'slremedies.
(.) Crimlnal. V",W:i()!1S of <Ills chap<., shall
~ an infr.cDon.
(Il) Civil Any person who vioW:s rIl' pro
\'isions o(1Ilt! d!apter shall be IW>le 1O <>dl pany
injuml by such 'iola!ion for IC!I!OI dama,es $US
rained by sud! _ ceStS and "'3S0nable l!!Or
neyt fees. In .addition. the coon may a .... 1t'd: po
niliv< damages.
(c) Icjunaive rtiief.
(I) Any pe""" who commits. or proposes
10 c:ommi.t. m lCtioc in violaJ::ion of this chapctr
may be enjoined therefrom by "'7 court of com·
pelCl<jurisdia:icn.
(2) Any action rOT injunctive reli~f under
lilt! cbapIer may be brousm by Ih< city IItOmey.
by &II)' .. g:i ..... d penon. by clller Law enfun:e·
Dle!Il ar-nctes. by !he district _mey or by ""Y
_ or emity which Will fairly and ",,?'!C1y
"'P,....,,!he ir:lerem of Ih< pro!C<!Cd cl3ss:
(On!. 3411 II (part). 19$3)
CHAP'I"ER ',71
MOSQUITO ABATEMENT
',?I.GiG DedaralioD of nUciiDIS, ID'
1m! aDd ",,!icy.
TIle city _ "'Pr=ly _ and cIcdares
1Iw mcsqu;., b<eediDI pU<a =sci_a hazanl
., pabIic boahh It is the "-' ot!his dlaprcr m
_ p!IJCZ4ulos fbr alming masquito broeQ.
m, pUces and to provide ]cpt means for ",cov·
ering Ih< COS< of abar<meot. (0r.1. 3470 § 1 (part).
1m)
'.71.020 Mo"luilc broedlnl pl •• ".
Nc PC""'" sluIl pcDDi, any &eQlmuWion of
\\-'ate!" ~ my premises ill wruch ClOSqUltos
breed. Any b=4iDg pLaee fur """'lUi"" is • pub
lic: Iluisance and a hazard 10 public bultb.. l'he
9Jl
., : :-;;~;
#.(_4""7.
.{';.' , '.'-' ."';:;":~<'"
9.7&.050
presence oC mosquito lou'vac or pup.e m an ~ ac·
cumulation of 'iIIB[(f. whtther upon the ground
.5urfact. pond. pool or COruainef of any descri~
con shall constiWte prim.J. f.Ide evidence th3t such
a pbee-is a breeding ~lCe for masqultos. COrd.
347011 (put). 1983)
9.71.030 Enforce-ment.
It shall be the duty tlf the health officer to en
force lbe pro .... isions of tttis chapter. W. in tile
perfonnance of this dury. me health officer is au
thoriz<d to CD!Cr at aI:JI :=onallle !lour any pron'
ises as mzy be DC<;css.ary in the enforcement of
rbis d!<Ip<n. (On!. 3470 11 (pm). 19~3)
'.73.04G No'!"",. abate.
When.::vCT a public nuisanct specified in this
CllaptCr 'lWIs upon any propc"". Ih< h<al& offi·
cer may notify iD writioi the owner and party in
possession. or !hi: ag<nI of cir!Jer, of Ih< ,xlsrmcc
of the DU:iscmce. '!be Wriuen notice: may be served
by &II)' pe""" au<l>:>riud by tile h<ahh officer in
tile .same marmcr as a summom m a civil action.
The c::oments of £be wziD.eD notice shBIl confonn to
Ih< requin:aIems ofSeaiDD 9.7S.0S{). (On!. 3470
II (part). 19$3)
'.78.050 CalDltnts of lDotice.
Tho~sbaIl:
(a) S<arc!be _,of. b:al!h olfiecrthara
public DllisaDee exists DO the property mel Ih< 10'
ation of such nuism:< CO_1t)';
(b) Di=t !he owner and party in poss=ion
to abau: !he IJUisoIUz ";min • specified tim, by
desrrt>yill8 1IIe l2rv .. or I"'P'" !fw II< present:
(0) Di=t Ih< OWDCr and pall)' in poss=ion
Ii.)-pcrfonn,. wilhin a .specified time, a.oy work
oeaswy to IR"= n=rrena: of b...aing in Ih<
pLaees!pCci5ed in 1IIe oocice;
(d) infoDD Ih< owner IUd pall)' in poss=ion
r!w liliIrm: to """,ply ";r!11h< requirements of
sub2ction (b) of dlis .seai~n s.hal! subject th~
owner and patty In pos=sion to r;;vi! pena!ti<s of
nol mo~ than five bundred dolla.n per day (or
each day the nw.s:mc:e continues lfcer the time
• ATTACKMENT 2 City~aloAltQ
Offia rflile CiI1) Al/onlC)j
July 15, 1993
Dear Owner or Manager of Rental property:
The City of Palo Alto has a long-standing pol icy against
discrimination i.n rental housing based on age r parenthood;
pregnancy, or the tenancy of a minor child. In spite of the Cityrs
commitment to promoting fair housing practices, cases of rental
discrLrnination against families with children continue to occur.
As an owner or ma~ager cf rental property i~ palo Alto r you
should be aware that rental discrimination is prohibited under
Chapter 9.74 of the Palo Alto Munldoal Code "Discrimination
Against Families With Minor Children In Housin9~. whi~h makes it
unlawful for anyone renting or leasing housing to:
1j Refuse to rent or lease housing, refuse to negct iate for the
r~ntal or lease of housing, or othenrise to deny to, or
with..l-:lold from, any person housing on the basis of age,
parenthood. pregnancy or the tenancy of a minor child;
2) Discriminate against any person in the terms. conditions or
privileges of the rental or lease of housing or in the
provision of services, facilities O~ henefits, in connection
therewith t on the basis of age, parenthood, or the tenancy of
a minor child {reasonable restrictions on the use C'f common
areas. facilities and services which are necessary to protect
the health and safety of a tenant are permitted) ;
3) Represent to any person on the basis of age, parenthood,
pregnancy or t.he tenancy of a minor child that l'lousing is not
available for inspection. re:ltal or lease when that is not the
case;
4) Mak.e. print or publiEh any notice, statement, sign,
advertis~~nt. application or contract with regard to housing
that indicates any preference. lind tat ion, or discrirninatioi1
with respect to age. parenthood, pregnancy or the tenancy of
a minor child;
5) Include in any rental agr~ement or lease a clause or condition
providing that as a condition of continued tenancy, the
tenants shall r€"main childless or shall not bear
childLen or otherwise not maintain a household wjth a persen
of a certain age;
6) Refuse to rent af['E:l: rnaking a bona f ide offer, IJr Lo refuse to
negotiate for the rental of, or alben.lise ITLa¥:.e unavailable or
deny, housing to any person because of the potential tenancy
of a minor child or children;
rnfJ,.l'IIl~'1
1'.11":'III.l,Cfl'4"U
.JF',},:<I?Fl
4L:; I:"J2I..lI,[",r ...
-2-
7) Limit occupancies to fewer t.han two natural ~ersons per
bedroom. unless that number exceeds the maximum allowed under
the superficial floor~space re~~irement~ of se~tion S03{b) of
the Uniform Housing Code. For those housing accommodations
without any bedroorn i no person shall be required to rent or
lease to more than one Del-son. 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. ~1 occupancy
limit.ations shall be \lniforrnly imposed and either conspic
uously posted on the premises Or contained in a 'Written
policy, rules or noticej
B' Evict or otherwise dema.nd surrender
from any person because of age,
presence of a minor child; and
of a housing accommodation
parenthoQd~ p~-egnancy or
9) Charge additional rent for persons living in a housing
accommodation on the basis of age, parenthood i pregnancy or
presence of a minor child_
Violation of the City' 6 rental discrimination c;rdinance
carries criminal and civil penalties. In addition to fines,
violators may be held liable for actual damages suffered by each
injured party, plus court costs and attorneys' fees. ~'unitive
damages also may be awarded.
Discrimination because of familial status in housing
accommodations is prohibited by state law as well. The california
Fair Employmeot and Housing Act establishes stringent standaL"ds and
procedures to eliminate rent.al discrimination. As j'et, it has not
been determined whether recent amendments co the sta_te law preempt
local regulation of the subject. In the event the state law is
found to have preempted ~nicipal ordinances~ you may be required
to comply with stricter regulations than t.hose set forth in the
City' 9 rental discrimination ordinance. At this timci you are
obligated to comply with the City~s ordinance, at a min~.
Thank you for your anti cipated
this effort to ensure fair housin~
APe: KeD: lac
cc: June Fleming, City ~~nager
Attorney
Beverly Lawrence, Executive Director,
Midpeninsula Citizens for Fair Housing
Kathryn M_ Thibodeaux, Government Relations Direclor,
Tri-County Apartment Association
Claire Benson, Legislative Policy/Research Coordinator,
Tri-County Apartme'nt AssociCition
with