Chapter 8.40
PROHIBITION OF DISCRIMINATION IN RENTAL HOUSING AGAINST FAMILIES WITH CHILDREN AND OTHER AGE DISCRIMINATION IN HOUSING

Sections:

8.40.010    Purpose.

8.40.020    Scope.

8.40.030    Definitions.

8.40.040    Prohibited activities.

8.40.050    Number of occupants.

8.40.060    Violations.

8.40.010 Purpose.

The purpose of this chapter is to prohibit discrimination in housing against families with minor children and other age discrimination in housing. [Ord. 3421 § 1, 1983].

8.40.020 Scope.

This chapter prohibits certain discriminatory activities and outlines penalties and relief from these activities.

This chapter applies to all housing accommodations except for the following:

(A)    Units in nursing, convalescent and retirement homes and Federally subsidized housing for the elderly;

(B)    Units in development projects which have been expressly approved for exclusive senior adult housing accommodations by the terms of a development permit issued by the County of Santa Cruz. [Ord. 3421 § 1, 1983].

8.40.030 Definitions.

(A)    “Adult tenancy” refers to tenancy limited to persons who are over the age of 18 years. “Adult tenancy” does not include or authorize restrictions based on a minimum age other than 18 years.

(B)    “Housing accommodation” is a residential unit which provides complete, independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking and sanitation.

(C)    “Senior adult” is a person 55 years of age or older.

(D)    “Minor child” is a child under the age of 18 years.

(E)    “Discrimination” shall include but not be limited to any of the following:

(1)    Refusing to rent or lease, or refusing to negotiate for the rental of, or otherwise denying to or withhold from any person housing accommodations on the basis of pregnancy or the tenancy of a minor child or otherwise on the basis of the age of a tenant;

(2)    Representing to any person on the basis of pregnancy or the tenancy of a minor child or otherwise on the basis of the age of a tenant that housing accommodations are not available for inspection or rental when such accommodation is in fact so available;

(3)    Differentiating in the terms, conditions or privileges of the rental of housing accommodations or in the provision of services or facilities in connection therewith, on the basis of pregnancy or on the tenancy of a minor child or otherwise on the basis of the age of the tenant;

(4)    Including in any lease or rental agreement of housing accommodations a clause providing that as a condition of continued tenancy the tenants shall remain childless, shall not bear children, or shall maintain a household with a person or persons of a certain age;

(5)    Including in the deed of sale or covenant of any real property in Santa Cruz County a clause restricting or prohibiting the lease or rental of housing accommodations on the property on the basis of pregnancy or tenancy of a minor child or tenancy of a person of a certain age;

(6)    Where an adult tenancy only limitation applies in any housing accommodation, enforcing any restriction of tenancy based on a minimum age other than 18 years of age;

(7)    Establishing unreasonable rules or conditions of occupancy which have the effect of excluding households with children or persons of a certain age;

(8)    Inquiring as to the ages, parenthood or family composition of prospective tenants prior to advising as to the availability of a unit for rent. [Ord. 3421 § 1, 1983].

8.40.040 Prohibited activities.

(A)    It shall be unlawful for the owner, lessee, sublessee, real estate broker, assignee or other person having the right to rent or lease any housing accommodations, or any agent or employee of such person, to commit any act of discrimination as defined in this chapter against any person on the basis of pregnancy or tenancy of a minor child.

(B)    It shall be unlawful for the owner, lessee, sublessee, real estate broker, assignee or other person having the right to rent or lease any housing accommodations to commit any act of discrimination as defined in this chapter against any person on the basis of age.

(C)    It is also unlawful for any newspaper, rental listing agency, publisher, advertiser or any other person to make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the lease or rental of a housing accommodation in the County of Santa Cruz that indicates any preference or limitation that would violate the provisions of this section. [Ord. 3421 § 1, 1983].

8.40.050 Number of occupants.

Refusal to rent or lease a housing accommodation to a household with minor children shall not be permitted on the basis of the number of occupants unless the number of occupants of that household, excluding children under two years old, exceeds the maximum allowed for the unit under the following chart:

Number of Bedrooms

Maximum Occupancy

0

2

1

2

2

4

3

6

4

8

5

10

6

12

[Ord. 3421 § 1, 1983].

8.40.060 Violations.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to the penalties provided in Chapter 1.12 SCCC. [Ord. 3421 § 1, 1983].