The City of Santa Monica Tenant Anti-Harassment Ordinance protects all Santa Monica tenants from landlord harassment perpetrated by unscrupulous landlords, property managers, or other representatives in bad faith.  By protecting all tenancies in Santa Monica, and empowering tenants with a private right of action, the Santa Monica Tenant Anti-Harassment Ordinance is a powerful law protecting tenants throughout the City of Santa Monica.

Is My Rental Unit Covered Under the Santa Monica Tenant Anti-Harassment Ordinance?

The Santa Monica Tenant Anti-Harassment Ordinance covers every Santa Monica tenant.  Santa Monica Municipal Code § 4.56.010(h); The Charter of the City of Santa Monica § 2302(e). This includes authorized Santa Monica tenants residing in unlawful units, single-family homes, and any “building, structure, …. Or any other rental property rented or offered for rent for living…”  Id.  If the individual rents a unit in the City of Santa Monica, the Santa Monica Tenant Anti-Harassment Ordinance provides protection from landlord harassment.

Does the Santa Monica Tenant Anti-Harassment Ordinance Protect Subtenants?

Yes, the Santa Monica Tenant Anti-Harassment Ordinance protects subtenants. Santa Monica Municipal Code § 4.56.010(i). The Santa Monica Tenant Anti-Harassment Ordinance explicitly includes subtenants within the definition of a tenant. In fact, the Santa Monica Tenant Anti-Harassment Ordinance protects any person lawfully entitled to occupy the rental unit, such as a disabled adult who does not pay rent to reside in a rental unit with their family member.

Does Your Property Manager Also Have to Abide by the Santa Monica Tenant Anti-Harassment Ordinance?

Yes, the Santa Monica Tenant Anti-Harassment Ordinance applies to landlords, landlord agents, property managers, and representatives.  Santa Monica Municipal Code § 4.56.010(f).  Additionally, any person or entity that is entitled to receive or collect rent for the unit must follow the Santa Monica Tenant Anti-Harassment Ordinance.

What Types of Harassment Does the Santa Monica Tenant Anti-Harassment Ordinance Prohibit?

The Santa Monica Tenant Anti-Harassment Ordinance prohibits unlawful conduct committed with an intent to vex, annoy, harass, provoke, or injure another person. Santa Monica Municipal Code § 4.56.010.

Under the Santa Monica Tenant Anti-Harassment Ordinance, the following actions constitute unlawful landlord harassment, which Santa Monica landlords must refrain from implementing:

  1. Interrupting, terminating, or failing to provide housing services required by the lease or by law;
  2. Failing to perform repairs and maintenance required by the lease or by law;
  3. Failing to exercise due diligence in completing repairs and maintenance undertaken;
  4. Abusing the landlord’s right of access under California Civil Code section 1954, including entries for “inspections” not related to necessary repairs or services, excessive number of entries, entries that improperly target certain tenants or are used to collect evidence against the occupant, or otherwise not lawful;
  5. Abusing the tenant with offensive words inherently likely to provoke an immediate violent reaction;
  6. Influencing or attempting to influence a tenant to vacate their home through fraud, intimidation, or coercion;
  7. Threatening the tenant, by word or gesture, with physical harm;
  8. Violating any law prohibiting discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS, or occupancy by a minor child;
  9. Taking action to terminate any tenancy including service of any notice to quit or other eviction notice or bringing any action to recover possession of the home based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable based on the landlord’s knowledge, provided the Santa Monica tenant obtains a favorable termination of the eviction action. Please note that this section of the Santa Monica Tenant Anti-Harassment Ordinance does not apply to an attorney representing a landlord in an eviction action where the attorney acts in good faith;
  10. Interfering with the Santa Monica tenant’s right to quiet use and enjoyment of their home under California law;
  11. Refusing to acknowledge receipt of the Santa Monica tenant’s lawful rent payment; and,
  12. Interfering with a tenant’s right to privacy, including, entering or photographing portions of a rental housing unit that are beyond the scope of a lawful entry or inspection. Santa Monica Municipal Code § 4.56.020.

How Can a Landlord Abuse the Right to Access a Santa Monica 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 landlord harassment protected by the Santa Monica Tenant Anti-Harassment Ordinance. Santa Monica Municipal Code § 4.56.020(d).  Examples of prohibited landlord entry and related harassing conduct include, but are not limited to:

  • Landlord entry for pretextual inspections not truly related to necessary repairs or services of the Santa Monica tenant’s home;
  • Instances where the Santa Monica tenant is forced to contend with an excessive number of notices to enter;
  • Circumstances where the landlord serves notices to enter only certain units at the Santa Monica property. For example, a landlord serving a notice to enter pertaining to a smoke alarm inspection of only a single tenant’s home in a multi-unit building likely suggests bad faith and violates the Santa Monica Tenant Anti-Harassment Ordinance;
  • Landlord entry weaponized to collect evidence against a Santa Monica tenant for bad faith use, including supporting a subsequent eviction lawsuit;
  • Landlord entry that interferes with the Santa Monica 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 Santa Monica 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 Santa Monica Tenant Anti-Harassment Ordinance.

How May Santa Monica Tenants Curtail Landlord Violations of the Santa Monica Tenant Anti-Harassment Ordinance?

Santa Monica tenants have numerous options at their disposal when faced with persistent landlord harassment. These range from simply demanding that the landlord cease the harassing conduct to taking the drastic act of filing a lawsuit against a serial harasser. Regardless of the method utilized, Santa Monica tenants equipped with sufficient evidence will likely prevail against their landlord’s harassment.

First, the Santa Monica tenant can demand the landlord stop the unlawful harassing conduct, preferably in writing. Santa Monica tenants electing to send a physical letter should consider sending the mail with tracking and also retain a copy of the letter. If the landlord does not cease harassing the Santa Monica tenant after receipt of the letter, the Santa Monica tenant should consider another option.

The Santa Monica tenant may also maintain a detailed log recounting every instance of landlord harassment. Although no set template exists, Santa Monica tenants can, in addition to a concise description of the landlord harassment, include the date, time, and location of the harassment. It is also helpful to include the name of all witnesses present that observed each instance of the landlord’s harassment.

Thirdly, Santa Monica tenants may also file a complaint with the City of Santa Monica.  When filing a complaint to the City of Santa Monica, the City requests copies of any supporting documentation.  The City of Santa Monica may initiate an investigation into the matter. Complaints may be filed online by clicking here or calling the Santa Monica City Attorney’s Office at (310) 458-8336.  Please be advised that the City of Santa Monica City Attorney’s does not represent tenants. Instead, the City Attorney acts as a neutral enforcer of the law that investigates complaints and enforces the Santa Monica Tenant Anti-Harassment Ordinance.

Where the harassment pertains to a landlord’s failure to initiate or complete adequate repairs, the Santa Monica tenant may file petition for a rent decrease with the City of Santa Monica Rent Board by clicking here or calling (310) 458-8751. Additionally, the Santa Monica tenant should also obtain a Notice of Violation for every habitability issue from the City of Santa Monica Code Enforcement Division.  To schedule an inspection, click here or call (310) 458-4984.

Under the Santa Monica Tenant Anti-Harassment Ordinance, Santa Monica Tenants Can Sue Harassing Landlords for Money Damages

Santa Monica tenants facing pervasive landlord harassment substantially interfering with or disturbing their tenancy have the right to bring a landlord harassment claim in court. The Santa Monica Tenant Anti-Harassment Ordinance contains a private right of action empowering Santa Monica tenants facing landlord harassment to file a lawsuit in the California Superior Court. Santa Monica Municipal Code § 4.56.040(b). Under the Santa Monica Tenant Anti-Harassment Ordinance, a prevailing tenant facing landlord harassment may recover the greater of either actual damages or up to $10,000 in statutory damages. Santa Monica Municipal Code § 4.56.040(d). Santa Monica tenants suffering landlord harassment that are sixty-five (65) and older or disabled may recover an enhanced penalty of $5,000 for each offense suffered. Santa Monica Municipal Code § 4.56.040(d). Punitive damages are also recoverable. Santa Monica Municipal Code § 4.56.040(d). Additionally, the Santa Monica Tenant Anti-Harassment Ordinance provides for a prevailing tenant facing landlord harassment to recover their attorney fees and court costs. Santa Monica Municipal Code § 4.56.040(d).

Santa Monica tenants facing landlord harassment may also obtain an injunction, which is a court order commanding the landlord to refrain from engaging in landlord harassment, against the landlord. Santa Monica Municipal Code § 4.56.040(c).

Please note that Santa Monica tenants may recover these damages penalties on top of other remedies, penalties, and punitive damages recoverable by law. Santa Monica Municipal Code § 4.56.040(e).

To discuss the Santa Monica Tenant Anti-Harassment Ordinance, the Santa Monica Rent Ordinance, or California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney by email or phone.