The Oxnard Tenant Protection Ordinance
The City of Oxnard recently passed a Tenant Protection Ordinance, which operates as an independent anti-harassment ordinance that covers all residential tenancies within Oxnard. The Oxnard Tenant Protection Ordinance may be a powerful tool protecting tenants throughout the City of Oxnard.
Is My Rental Unit Covered Under the Oxnard Tenant Protection Ordinance?
The Oxnard Tenant Protection Ordinance applies to all residential rental units in the City of Oxnard. Oxnard Municipal Code § 27-40. The Oxnard Tenant Protection Ordinance likely applies to unlawful dwellings in the City of Oxnard lacking a certificate of occupancy, or an equivalent certification.
Does the Oxnard Tenant Protection Ordinance Apply to Single-Family Homes & Condominiums?
The Oxnard Tenant Protection Ordinance applies to all residential rental units in the City of Oxnard, including single-family homes and condominiums. Oxnard Municipal Code § 27-40.
Does the Oxnard Tenant Protection Ordinance Protect Subtenants?
Yes. The Oxnard Tenant Protection Ordinance applies to subtenants living in the City of Oxnard. Oxnard Municipal Code §§ 27-40, 27-41(B), (D). Relatedly, the Oxnard Tenant Protection Ordinance applies to sublessees and, “any other person entitled under the terms of a [lease agreement] to the use or occupancy of,” an Oxnard unit. Id. Lease agreements need not be written. Oxnard Municipal Code § 27-41(C).
Does the Oxnard Tenant Protection Ordinance Regulate Property Manager Harassment?
Yes. The Oxnard Tenant Protection Ordinance applies to landlords (property owners), landlord agents, and property managers. Oxnard Municipal Ordinance § 27-40.
What Types of Harassment Does the Oxnard Tenant Protection Ordinance Prohibit?
The Oxnard Tenant Protection Ordinance prohibits unlawful landlord and property management harassment committed in bad faith. Oxnard Municipal Ordinance § 27-42. Generally, the Oxnard Tenant Protection Ordinance defines conduct done with an intent to vex, annoy, injure, or intimidate a tenant. Id. The Oxnard Tenant Protection Ordinance enumerates nineteen (19) forms of harassing misconduct landlords may not perpetrate against Oxnard tenants:
- A reduction or elimination of housing services;
- A reduction of maintenance or failure to perform and timely complete necessary repairs or maintenance required by contract or law;
- Abusing the right of access into a rental housing unit as established and limited by California Civil Code section 1954, including:
- Entries for pretextual inspections unrelated to necessary repairs or services;
- Entries or notices to enter that are excessive;
- Entries that improperly target certain tenants or are used to collect evidence against the tenant for the purpose of finding a reason to terminate the tenant’s tenancy;
- Entries outside normal business hours (Monday through Friday: 7 a.m. to 7 p.m. and Saturdays 8 a.m. to 12 p.m.), except during emergencies, unless with the Oxnard tenant’s consent;
- Entries beyond the scope of an otherwise lawful entry;
- Engaging in abusive conduct toward a tenant through the use of words which are offensive and inherently likely to provoke an immediate violent reaction;
- Enticing a tenant to vacate a rental housing unit through an intentional misrepresentation or the concealment of a material fact;
- Threatening a tenant with physical harm by word or gesture;
- Misrepresentation to a tenant that they are required to vacate their Oxnard unit;
- Failing to exercise due diligence in performing and completing repairs to an Oxnard unit after obtaining possession of the Oxnard unit for the purpose of performing repairs;
- Engaging in an activity prohibited by federal, state, or local law which prohibits housing discrimination on any basis including but not limited to sexual orientation, race, color, sex, ancestry, ethnic origin, national origin, religion, age, marital status, familial status, parenthood, pregnancy, disability, medical condition, occupancy by a minor child, or citizenship;
- Threatening to terminate a tenancy, recover possession of a rental unit, or evict a tenant from a rental unit without a proper factual and legal basis, except when:
- The communication is made in connection with actual or pending litigation or litigation preparation. Action Apartment Assn., Inc. v. City of Santa Monica, (2007) 41 Cal. 4th 1232;
- Engaging in any act or omission that interferes with the Oxnard tenant’s right to use and enjoy the rental unit;
- Refusing to acknowledge or accept receipt of lawful rent payments as set forth in the lease agreement or as established by the parties’ usual conduct;
- Engaging in any act or omission constituting a disturbance of the Oxnard tenant’s possession of the Oxnard unit to the point of rendering the Oxnard unit unfit for occupancy or depriving the tenant of their beneficial enjoyment of the Oxnard unit;
- Engaging in construction or renovation work that creates conditions to encourage an Oxnard tenant to vacate the Oxnard unit;
- Prohibiting entry by the Oxnard tenant into their unit without court order;
- Inquiring into the Oxnard tenant’s or prospective Oxnard tenant’s immigration or citizenship status, or requiring that person to make any statement, representation, or certification concerning their immigration or citizenship status, or disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of any of the foregoing individuals;
- Interfering with an Oxnard tenant’s right to privacy, including, but not limited to, using cameras to view the interior of an Oxnard 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 organization activities, including forming or participating in tenant associations or unions, or for engaging in other political activities; and,
- Retaliating against or threatening a tenant for inquiring with, or seeking assistance from, a government or social services agency. Oxnard Municipal Code § 27-42(A).
It is important to note that the Oxnard Tenant Protection Ordinance does not apply to conduct or statements made to the general public possessing on an incidental effect upon a person or persons. Oxnard Municipal Code § 27-42(B). Where an Oxnard landlord, or their agent(s), tweet about the Oxnard tenant by calling them, for instance, a “total loser,” and repeatedly referring to them as, “failing,” the Oxnard tenant must be able to prove that the tweets were not only directed at them but also had a significant impact on their life. While a case of hurt feelings is likely insufficient, should the Oxnard tenant be able to prove that the offending tweet(s) caused job loss or an eviction, such statements qualify as a violation under the Oxnard Tenant Protection Ordinance entitling the Oxnard tenant to monetary damages.
What Options Are Available to Oxnard Tenants Facing Landlord Harassment and Property Management Harassment in Violation of the Oxnard Tenant Protection Ordinance?
Oxnard tenants suffering landlord harassment may commence a lawsuit for violations of the Oxnard Tenant Protection Ordinance. Oxnard Municipal Code § 24-43(B). Oxnard tenants that prevail on this claim may recover actual damages, or statutory damages in the amount of $10,000.00 or greater. Punitive damages and attorney fees and costs are also recoverable. Further, where the Oxnard tenant is a senior citizen or disabled, they may recover an additional $5,000.00 for every offense. Injunctive relief is also recoverable.
To discuss the Oxnard Tenant Protection Ordinance, the Oxnard Rent Ordinance, or California Rent Control (AB 1482), contact Astanehe Law, including by phone or email to speak with a tenant attorney.
