URGENCY ORDINANCE NO. 4347
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING CHAPTER 34 (“OFFENSES AND MISCELLANEOUS PROVISIONS”), ARTICLE IV (“OFFENSES INVOLVING PUBLIC PEACE AND ORDER”), ADDING DIVISION 5 (“TENANT ANTI-HARASSMENT”), SECTION 34-200 (“TENANT HARASSMENT”) & SECTION 34-201 (“PENALTIES AND REMEDIES”) OF THE POMONA CITY CODE WHEREAS, the increasing housing rent burden and poverty faced by many residents in the City threaten the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families; and WHEREAS, according to an April 2021 study by the Southern California Association of Governments (SCAG) for the City, across the City’s 18,648 renter households, 11,497 (61.7%) spend thirty percent or more of gross income on housing cost, compared to 55.3% in the SCAG region. Additionally, 5,939 renter households in Pomona (31.8%) spend fifty percent or more of gross income on housing cost, compared to 28.9% in the SCAG region; and WHEREAS, the City Council adopted Urgency Ordinance No. 4320 establishing urgency rent stabilization measures, including but not limited to, a prohibition on residential rent increases and relocation assistance amongst other tenant protections; and WHEREAS, most landlords in the City are caring and responsible, a number of housing advocates have recently reported that some unscrupulous landlords have been engaging in harassing conduct in order to coerce vacancies, and thereby charge higher market rate rents; and WHEREAS, specifically reports have been made concerning alleged illegal rent increases, illegal evictions, failure to post required notifications, illegal tenant buy-out agreements, and denial of relocation assistance; and WHEREAS, tenants living in rental units are especially vulnerable to landlord harassment due to the shortage of other available affordable rental housing and lack of accessible remedies; and WHEREAS, harassment of tenants severely impacts the City’s most marginalized community members who deserve rental housing stability and security. Now more than ever, the City needs to adopt immediate protections to address unlawful harassment practices to help tenants achieve meaningful remedies to deter bad conduct and to make tenants harmed by such conduct whole; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, section 7 of the California Constitution, and Pomona Charter section 510, the Pomona City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and safety of the City and its residents; and WHEREAS, the City Council now wishes to adopt an urgency ordinance to provide immediate protections against tenant harassment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Urgency Ordinance.
SECTION 2. A new Division 5 shall be added to Article IV of Chapter 34 of the Pomona Municipal Code to read as follows:
“DIVISION 5. – TENANT ANTI-HARASSMENT
Sec. 34-200. Tenant Harassment
(a) Tenant Harassment shall be defined as a landlord’s knowing and willful course of conduct directed at a specific tenant or tenants that causes detriment and harm, and that serves no lawful purpose, including, but not limited to, the following actions:
Reducing or eliminating housing services required by a lease, contract or law, including the elimination of parking if provided in the tenant’s lease or contract except when necessary to comply with a court order or local or state law, or to create an accessory dwelling unit or additional housing.
Failing to perform and timely complete necessary repairs and maintenance required by Federal, State, County, or local housing, health, or safety laws; or failure to follow applicable industry standards to minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts.
Abuse of the right of access into a rental unit as established and limited by California Civil Code Section 1954, including entering or photographing portions of a rental unit that are beyond the scope of a lawful entry or inspection.
Threatening a tenant, by word or gesture, with physical harm.
Attempting to coerce the tenant to vacate with offer(s) of payments.
Misrepresenting to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through an intentional misrepresentation or the concealment or omission of a material fact.
Threatening or taking action to terminate any tenancy including service of any notice to quit or other eviction notice or bringing action to recover possession of a rental unit based on facts which the landlord has no reasonable cause to believe to be true. No landlord shall be liable under this subsection for bringing an action to recover possession of a rental unit unless and until the tenant has obtained a favorable termination of that action.
Threatening to or engaging in any act or omission which interferes with the tenant's right to use and enjoy the rental unit or whereby the premises are rendered unfit for human habitation and occupancy.
Refusing to acknowledge or accept receipt of lawful rent payments as set forth in the lease agreement or as established by the usual practice of the parties or applicable law.
Inquiring as to the immigration or citizenship status of a tenant, prospective additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring any of these people to make any statement, representation, or certification concerning their immigration or citizenship status.
Disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of a tenant, whether in retaliation for engaging in legally protected activities or to influence them to vacate or for any other reason.
Disclosing or threatening to disclose information about a tenant to any government entity for engaging in legally protected activities or to influence them to vacate.
Engaging in an activity prohibited by federal, state, or local housing anti-discrimination laws.
Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations and unions.
Interfering with a tenant's right to privacy or requesting information that violates a tenant's right to privacy, including, but not limited to, residency or citizenship status or social security number, except as authorized by law.
Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of a tenant(s) and that cause, are likely to cause, or are committed with the objective to cause a tenant(s) to surrender or waive any rights in relation to such tenancy. (b) A tenant may use the protections afforded in this Section as an affirmative defense in unlawful detainer, ejectment, and other actions when their landlord engages in actions constituting tenant harassment as defined in this Section and other applicable laws. (c) Any person or entity that engages in Tenant Harassment shall be in violation of this section and shall be subject to the penalties and remedies provided for in Section 34-201 or any other applicable city or State laws.
Sec. 34-201. Penalties and remedies
(a) Civil Remedies.
(1) Any tenant aggrieved by a violation of this Division may bring a civil suit in the courts of the State alleging a violation of this Division. In a civil suit, a Landlord found to be in violation of this Division shall be liable to the aggrieved tenant. A prevailing tenant in a civil action shall be awarded attorneys' fees and costs. No administrative remedy need be exhausted prior to filing suit pursuant to this Section. (2) Nothing in this Division shall be interpreted to deprive a landlord of the ability to earn a fair and reasonable return from a property or to preclude a landlord from terminating a tenancy in accordance with this City laws and California Code of Civil Procedure section 1161. (3) An aggrieved tenant under this Division, or any person, organization, or entity who will fairly and adequately represent the interests of an aggrieved tenant(s) under this Division, may institute civil proceedings as provided by law, against any landlord violating any of the provisions of this Division, and any person who aids, facilitates, and/or incites another to violate the provisions of this Division, regardless of whether the rental unit remains occupied or has been vacated due to harassment. (4) A tenant prevailing in court under this Division, may be awarded compensatory damages, rent refunds for reduction in housing services, reasonable attorney's fees and costs, imposition of civil penalties up to $10,000 per violation depending upon the severity of the violation, tenant relocation, and other appropriate relief, as adjudged by the court. (5) If a tenant prevailing under this Division, is older than 65 years or disabled when any of the harassing conduct occurred, the court may impose additional civil penalties up to $5,000 per violation depending upon the severity of the violation. (6) The remedies in this Division are not exclusive nor do they preclude any tenant from seeking any other remedies, penalties and punitive damages, as provided by law. (7) A civil proceeding or small claims case initiated under this section alleging any violation of this Division may be commenced only after the tenant provides written notice to the landlord of the alleged violation, and the landlord fails to remedy the repair or maintenance issue within a reasonable period of time. (b) Criminal Prosecution
(1) A violation of any provision of this Division is punishable as an infraction or misdemeanor. (2) A misdemeanor conviction under this Division shall be punished by a fine of not more than $1,000 for each offense or by imprisonment in the county jail for a period of not more than six months or both, as determined by the court.” SECTION 3. Implementation; Rulemaking and Subpoena Authority. The City Manager is authorized to administer and enforce this Urgency Ordinance, which may include promulgating guidelines and rules consistent with the provisions of this Urgency Ordinance. Guidelines and rules promulgated by the City Manager pursuant to the authority provided under this Urgency Ordinance shall have the force and effect of law and may be relied upon by parties to determine their rights and responsibilities under this Urgency Ordinance. In administering and enforcing this Urgency Ordinance, the City Manager may also issue subpoenas and may report noncompliance thereof to the judge of the Superior Court, pursuant to California Government Code section 53060.4.
SECTION 4. Waiver Prohibited. Any waiver of rights under this Urgency Ordinance shall be void as contrary to public policy.
SECTION 5. Urgency Measure. Based on the findings set forth in this Urgency Ordinance, the City Council finds and declares this Urgency Ordinance to be necessary for the immediate preservation of the public health, safety and welfare and upon that basis has determined that an urgency measure, pursuant to Government Code Section 36937(b) and Pomona Charter Section 510, is warranted and shall take effect immediately upon adoption by a five-sevenths vote of the City Council.
SECTION 6. CEQA. This Urgency Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment, and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 7. Severability. This Urgency Ordinance is adopted under the authority of City Council of the City of Pomona, the City Charter of the City of Pomona and State law. If any section, subsection, clause or phrase is declared invalid or otherwise void by a court of competent jurisdiction, it shall not affect any remaining provision hereof. In this regard City Council finds and declares that it would have adopted this measure notwithstanding any partial invalidity hereof.
SECTION 8. Certification of City Clerk. This Urgency Ordinance is adopted by fifth-sevenths majority vote of the City Council. The City Clerk shall certify to the adoption of this Urgency Ordinance and, within 15 days after its adoption, shall cause it to be published in accordance with California Law. The City Clerk shall cause this Urgency Ordinance to be published in a newspaper of general circulation published and circulated in the City within 15 days after is passage.
SECTION 9. Effective Date. This Urgency Ordinance shall take effect immediately upon its passage.
PASSED, APPROVED AND ADOPTED this 16th day of September, 2024. _____________________
Tim Sandoval
Mayor
ATTEST:
___________________
Rosalia A. Butler, MMC
City Clerk
APPROVED AS TO FORM:
___________________
Sonia R. Carvalho
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF POMONA )
I, ROSALIA A. BUTLER, CITY CLERK of the City of Pomona do hereby certify that the foregoing Urgency Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Pomona held on September 16, 2024, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Rosalia A. Butler, MMC
City Clerk
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