Title
Introduction of Ordinance Amending the Alameda Municipal Code by Adding Article XVIII to Chapter VI Concerning Fair Housing and Tenant Protections by Prohibiting Unlawful Tenant Harassment, Disruption of Housing Services and Housing Discrimination including Source of Income. (City Attorney 2310)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
In addition to the current protections against unlawful housing practices that are in the Alameda Municipal Code, the proposed ordinance contains additional provisions that further strengthens the City of Alameda’s (City) housing laws, by providing express limitations against tenant harassment, unlawful disruption of housing services and housing discrimination, including source of income discrimination. The purpose of these proposed provisions is to 1) defend and nurture the stability of housing and neighborhoods in the City, 2) preserve and protect the City’s housing stock, especially affordable housing stock, 3) preserve the public’s health, safety, and welfare, 4) advance the housing policies of the City with regards to low and fixed income persons, and those needing special protections, such as elderly or disabled tenants, and 5) maintain diversity in the City’s neighborhoods and communities while recognizing the rights of rental property owners.
BACKGROUND
The City’s current housing laws generally protect tenants from unlawful housing practices, but do not expressly prohibit the unlawful harassment of tenants, the unlawful disruption of housing services or unlawful discrimination in housing. The proposed ordinance contains additional provisions that further strengthens the City’s housing laws by providing express limitations against tenant harassment, unlawful disruption of housing services and housing discrimination, including source of income discrimination.
DISCUSSION
If adopted, this ordinance would 1) defend and nurture the stability of housing and neighborhoods in the City, 2) preserve and protect the City’s housing stock, and especially affordable housing stock, 3) preserve the public’s health, safety, and welfare, 4) advance the housing policies of the City with regard to low and fixed income persons, and those needing special protections, such as elderly or disabled tenants, and 5) maintain diversity in the City’s neighborhoods and communities while recognizing the rights of rental property owners.
Examples of prohibited tenant harassment include generally agreed upon unacceptable behaviors such as refusing to make necessary repairs, unlawfully terminating housing services (e.g. disconnecting utilities), invading privacy and threats of violence. The prohibition against unlawful disruption of housing services (e.g. disconnection of utilities or a complete lockout) serves similar ends.
The proposed prohibition against housing discrimination is consistent with federal and state fair housing laws, but adds or enhances additional categories for protection. Federal and state laws generally prohibits discrimination in housing due to race, color, national origin, religion, sex, familial status, disability, ancestry, citizenship, gender identity and gender expression, genetic information, immigration status, marital status, primary language, sexual orientation, and certain sources of income (not including persons who hold Section 8 vouchers).
The proposed ordinance augments those laws by prohibiting housing discrimination based on age, source of income (specifically including rental assistance from any federal, State, local or non-profit-administered benefit or subsidy program such as the Section 8 voucher program), parenthood, pregnancy, or the potential or actual occupancy of a minor child. The source of income discrimination prohibition is particularly notable as it would, for instance, preclude a landlord from refusing to rent to a tenant because the tenant receives assistance through the local Section 8 voucher program. Recently, two California judicial decisions specifically approved similar local regulations against broad-based preemption challenges. See City and County of San Francisco v. Post (2018) 22 Cal.App.5th 121, 133; AAGLA v. City of Santa Monica (2017) (Los Angeles Superior Court).
The proposed non-discrimination provisions do not apply to 1) any Housing Accommodation (as defined in the Ordinance) designed and operated exclusively for senior adults and their spouses or any nursing home, convalescent home, or retirement home or 2) any Housing Accommodation where the landlord owns and lives on the property and shares private living quarters, such as kitchens, bathrooms bedrooms or living rooms, with tenant(s).
Note that these protections not only apply to tenants in “dwelling units” as broadly defined in the restated Rent Control Ordinance (also on the September 3, 2019 agenda), but also to persons who occupy some of the dwelling units or rooms in dwelling units that are otherwise exempt from the provisions of the Rent Control Ordinance. Accordingly, these protections will apply to tenants in the Section 8 housing voucher program, persons that are residing in a structured living environment, such as those designed to help formerly homeless persons obtain skills necessary for independent living, or residents in mobile homes.
ALTERNATIVES
• Introduce the proposed Ordinance.
• City Council could elect to not adopt all or some the proposed ordinance on grounds that tenants are adequately protected against these various types of unlawful activities under existing laws.
• The City Council could also consider providing additional protections by eliminating any of the proposed exemptions or carve outs contained in the proposed ordinance.
FINANCIAL IMPACT
It is not anticipated there will be a financial impact by adopting this ordinance. Implementation and enforcement of the Ordinance are already included in the budget under the Rent Stabilization Program and to the extent that additional funds will be required in the future, the annual program fee will be adjusted to cover the costs of administering this aspect of the program.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This ordinance is consistent with the Alameda Municipal Code process for amending ordinances.
ENVIRONMENTAL REVIEW
Adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061(b)(3) (no significant environmental impact).
CLIMATE IMPACTS
There are no climate impacts in adopting this ordinance.
RECOMMENDATION
Introduce an Ordinance amending the Alameda Municipal Code by adding Article XVIII to Chapter VI concerning fair housing and tenant protection and prohibiting tenant harassment, unlawful disruption of housing services and unlawful discrimination, including source of income.
CITY MANAGER RECOMMENDATION
The City Manager recommends introduction of the Ordinance.
Respectfully submitted,
Yibin Shen, City Attorney
Michael Roush, Acting Chief Assistant City Attorney
Financial Impact section reviewed,
Elena Adair, Finance Director
cc: Eric Levitt, City Manager