CITY OF POMONA
COUNCIL REPORT
September 16, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Maritza Sosa-Nieves, Assistant to the City Manager SUBJECT: INTRODUCTION AND ADOPTION OF URGENCY ORDINANCE AMENDING THE POMONA CITY CODE TO ADD A NEW SECTION CONCERNING MEASURES TO PROTECT TENANTS FROM HARASSMENT RECOMMENDATION:
It is recommended that the City Council introduce, waive further reading, and adopt the following urgency ordinance:
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 EXECUTIVE SUMMARY:
During the August 7, 2024 Study Session, the Mayor and Council directed staff to bring forward an anti-harassment ordinance for Council consideration. The proposed Urgency Ordinance No. 4347 (Attachment No. 1) seeks to enhance anti-harassment measures and strengthen safeguards for tenants experiencing harassment by their landlords. Additionally, Urgency Ordinance No. 4347 aims to provide more robust remedies for vulnerable residents in our community.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this amended urgency ordinance.
PREVIOUS RELATED ACTIONS:
On August 1, 2022, the City Council adopted Urgency Ordinance No. 4320, which established certain rent stabilization and tenant protection measures. During the February 27, 2023 City Council meeting, staff was directed to bring back an amendment to Ordinance No. 4320 for Council consideration to expand tenant relocation assistance for not-at-fault evictions.
On April 17, 2023, the City Council adopted Urgency Ordinance No. 4329, expanding the Relocation Assistance available to tenants in not-at-fault eviction proceedings.
DISCUSSION:
Staff continue to receive reports from housing advocates that some landlords have been evicting long-term tenants by engaging in harassing behavior to coerce vacancies and thereby charge higher market-rate rents. Harassment of tenants is severely impacting the City’s most marginalized community members who deserve rental housing stability and security. To address these unlawful harassment practices and help tenants achieve meaningful remedies, the proposed Urgency Ordinance No. 4347 will amend Article IV of Chapter 34 of the Pomona Municipal Code by adding a new Division 5 to expand measures and strengthen safeguards to protect tenants from harassment. In doing so, Urgency Ordinance No. 4347 aims to provide robust civil remedies for vulnerable residents in our community.
Details of Proposed Urgency Ordinance No. 4347
The full text for the Proposed Urgency Ordinance No. 4347 is attached as Attachment No. 1. The following summarizes Division 5. – Tenant Anti-Harassment section of Article IV of Chapter 34 of the Pomona Municipal Code:
Sec. 34-200. Tenant Harassment
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; 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; 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 they are required to vacate a rental unit or enticing a tenant to vacate a rental unit; Threatening or taking action to terminate any tenancy, including service of any notice to quit or other eviction notice; 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, or requiring 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; 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; 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.
A tenant may use the protections afforded in the Ordinance 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.
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
Civil Remedies
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.
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.
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.
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.
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 of up to $5,000 per violation, depending upon the severity of the violation.
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.
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.
Criminal Prosecution
A violation of any provision of this Urgency Ordinance is punishable as an infraction or misdemeanor.
A misdemeanor conviction under the Urgency Ordinance 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.
As an urgent ordinance, the proposed Ordinance requires five affirmative votes of the City Council pursuant to Section 510 of the City Charter. The council declares an ordinance necessary for the immediate preservation of public peace, health, or safety, containing a declaration of the facts constituting the urgency, and passes it by a five-seventh (5/7) vote of those present.
Prepared by:
Maritza Sosa-Nieves
Assistant to the City Manager
ATTACHMENT:
Attachment No. 1 – Urgency Ordinance No. 4347
Adoption of Urgency Ordinance No. 4347