The West Hollywood Tenant Anti-Harassment Ordinance
The City of West Hollywood Tenant Anti-Harassment Ordinance seeks to protect every West Hollywood tenant from landlord harassment perpetrated by unscrupulous landlords, property managers, or other representatives and designed to force families from their homes. By protecting every West Hollywood tenant by providing for a private right of action, the West Hollywood Tenant Anti-Harassment Ordinance is a powerful law protecting tenants throughout West Hollywood.
Is My Rental Unit Covered Under the West Hollywood Tenant Anti-Harassment Ordinance?
The West Hollywood Tenant Anti-Harassment Ordinance protects every West Hollywood tenant. West Hollywood Municipal Code § 17.52.090(a). The West Hollywood tenant need not have a written lease. Id. If the individual rents a unit in the City of West Hollywood, the West Hollywood Tenant Anti-Harassment Ordinance provides protection.
Does the West Hollywood Tenant Anti-Harassment Ordinance Protect Subtenants?
The West Hollywood Tenant Anti-Harassment Ordinance protects subtenants. West Hollywood Municipal Code § 17.52.090(a). This is because subtenants are included in the West Hollywood Rent Ordinance’s definition of a tenant. West Hollywood Municipal Code § 17.08.010(25). In fact, the West Hollywood Tenant Anti-Harassment Ordinance protects any person lawfully entitled to occupy the rental unit. Id.
Does the West Hollywood Tenant Anti-Harassment Ordinance Apply to Property Managers?
Yes, the West Hollywood Tenant Anti-Harassment Ordinance applies to landlords, landlord agents, property managers, and representatives. West Hollywood Municipal Code § 17.52.090(a). Additionally, any person or entity that may offer the unit for rent or collect rent for the unit must comply with the West Hollywood Tenant Anti-Harassment Ordinance.
What Types of Harassment Does the West Hollywood Tenant Anti-Harassment Ordinance Prohibit?
The West Hollywood Tenant Anti-Harassment Ordinance prohibits unlawful conduct committed with an intent to vex, annoy, injure, or intimidate a tenant. West Hollywood Municipal Code § 17.52.090.
Under the West Hollywood Tenant Anti-Harassment Ordinance, the following actions constitute unlawful landlord harassment:
- A reduction or elimination of housing services, as defined by the West Hollywood Tenant Anti-Harassment Ordinance;
- A reduction of maintenance or failure to perform and timely complete necessary repairs or maintenance as required by housing, health, or safety laws;
- Abusing the right of access into the unit as set forth in California Civil Code section 1954;
- Engaging in abusive conduct toward a tenant through words that are offensive and inherently likely to provoke an immediate violent reaction;
- Enticing a tenant to vacate a rental housing unit through an intentional misrepresentation(s) or the concealment of a material fact;
- Threatening a tenant, by word or gesture, with physical harm;
- Misrepresenting to a tenant that the tenant is required to vacate the unit;
- Failing to exercise due diligence in performing and completing repairs to a unit after obtaining possession of the unit to perform such repairs;
- Engaging in an activity prohibited by law prohibiting housing discrimination on any basis, including sexual orientation, race, color, sex, ancestry, ethnic origin, national origin, religion, age, marital status, familial status, parenthood, pregnancy, disability, medical condition, including AIDS or AIDS-related conditions, gender identity, occupancy by a minor child, citizenship, or status as a student;
- Threatening to terminate a tenancy, recover possession of a unit, or evict a tenant from a unit without a proper factual or legal basis, except for threats made in connection with pending litigation or made in good faith;
- Engaging in any act or omission which interferes with the tenant’s right to use and enjoy the rental unit;
- Refusing to acknowledge or accept receipt of the tenant’s lawful rent payment as set forth in the lease agreement or as established by the practice of the parties;
- Engaging in any act or omission constituting a disturbance of a tenant’s possession of the unit that renders the unit unfit for occupancy, or deprives the tenant of their beneficial enjoyment of the unit;
- Engaging in construction or renovations that create conditions designed to encourage any tenant to vacate their unit;
- Failure to submit a required tenant habitability plan for approval, or to adhere to the terms of an approved tenant habitability plan, as required under the West Hollywood Rent Ordinance;
- Prohibiting the tenant from entering their unit, except with a judicial order permitting repossession;
- Asking the tenant for sexual conduct in exchange for eviction protections or performing maintenance;
- 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 concerning their immigration or citizenship status, or disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status;
- Interfering with a tenant’s right to privacy, including using cameras to view the interior of the tenant’s unit, requesting information regarding residency or citizenship status, or requesting a Social Security number, except as authorized by law;
- Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations or unions, or for engaging in other political activities; or,
- Retaliating against or threatening a tenant for inquiring with, or seeking assistance from, a government or social services agency. West Hollywood Municipal Code § 17.52.090(b).
How Can A Landlord Abuse the Right to Access A West Hollywood Rental Unit?
As stated above, a landlord’s abusing their right to access a rental unit, as permitted under California Civil Code section 1954, is a form of harassment protected by the West Hollywood Tenant Anti-Harassment Ordinance. West Hollywood Municipal Code § 17.52.090(b)(3). Examples of prohibited landlord entry and related harassing conduct include, but are not limited to:
- Landlord entry for pretextual inspections not related to necessary repairs or services;
- Landlord serving an excessive number of notices to enter;
- Landlord entry targeting certain West Hollywood tenants. For example, a landlord that serves a notice to enter to inspect smoke alarms on only one tenant in a multi-unit building violates the West Hollywood Tenant Anti-Harassment Ordinance;
- Landlord entry weaponized to collect evidence against the West Hollywood tenant;
- Landlord entry that interferes with the West Hollywood tenant’s right to privacy, including photographing portions of the unit without reason; or,
- Landlord entry beyond the scope of an otherwise lawful entry. For example, a landlord entering a West Hollywood tenant’s rental unit to repair a broken stove in the kitchen has no right to enter the tenant’s bedroom during the visit. A landlord that attempts to enter the bedroom violates the West Hollywood Tenant Anti-Harassment Ordinance.
What Options May West Hollywood Tenants Take to Curb Landlord Violations of the West Hollywood Tenant Anti-Harassment Ordinance?
First, demand the landlord stop the unlawful harassing conduct in writing. For West Hollywood tenants that elect to send their landlords letters, be sure to retain a copy for yourself.
Also, keep a detailed log recounting every instance of landlord harassment. Although no set template exists, West Hollywood tenants should, in addition to a concise description of the harassment, include the date, time, and location of the harassment. It is also helpful to include the name of all witnesses present during each event.
Finally, West Hollywood tenants may also file a complaint with the City of West Hollywood. When filing a complaint to the City of West Hollywood, the City requests copies of any supporting documentation. The City of West Hollywood may initiate in investigation into the matter. Complaints may be filed in person with the West Hollywood Rent Stabilization Department, located on the first floor of City Hall, or mailed to Legal Services Division, City of West Hollywood, 8300 Santa Monica Boulevard, West Hollywood, California 90069.
Please note that mediation is always available to West Hollywood tenants facing persistent landlord harassment. The City of West Hollywood provides a City Mediator that may help resolve issues with landlord harassment. To inquire about municipal mediation, please contact the Legal Services Division at (323) 848-6481.
Under the West Hollywood Tenant Anti-Harassment Ordinance, West Hollywood Tenants Can Sue Harassing Landlords for Money Damages
West Hollywood tenants facing pervasive landlord harassment substantially interfering with or disturbing their tenancy have the right to bring a landlord harassment claim in court. The West Hollywood Tenant Anti-Harassment Ordinance contains a private right of action empowering West Hollywood tenants to file a lawsuit in the California Superior Court. West Hollywood Municipal Code § 17.52.090(e). Under the West Hollywood Tenant Anti-Harassment Ordinance, a prevailing tenant may recover the greater of either actual damages, including return of rent damages, or $10,000 in statutory damages. West Hollywood Municipal Code § 17.52.090(e). Where the West Hollywood tenant suffering harassment is a senior (older 65 years old) or disabled, they are entitled to recover an additional $5,000 per violation. West Hollywood Municipal Code § 17.52.090(f). Punitive damages are also recoverable. West Hollywood Municipal Code § 17.52.090(e). Additionally, the West Hollywood Tenant Anti-Harassment Ordinance provides for a prevailing tenant to recover their attorney fees and court costs. West Hollywood Municipal Code § 17.52.090(e).
Please note that West Hollywood tenants may recover these damages penalties on top of other remedies, penalties, and punitive damages recoverable by law.
To discuss the West Hollywood Tenant Anti-Harassment Ordinance, the West Hollywood Rent Ordinance, or California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.
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