9.48.010 - Purpose and findings.

It is the purpose of this chapter to prohibit discrimination in housing on the basis of pregnancy or the tenancy of a minor child or children. After public hearings with the reception of testimony and documentary evidence, the Oakland City Council finds that discrimination against families with minor children in the leasing or renting of housing accommodations exists within the city. The Council further finds that the existence of such discrimination poses a substantial threat to the health and welfare of a sizable segment of the community, namely families with minor children.

The Council also finds that a low vacancy rate exists in all rental housing throughout Oakland. The existence of discrimination against families with minor children results in a shortage of housing suitable for families with children.

The Council further finds that promoting the welfare of children is essential to the future well-being of Oakland and that discrimination in housing against children and their families has an overall detrimental effect on the composition of the city, the stability of neighborhoods, the preservation of family life within the city, the living conditions of our children, the quality of our schools, and the viability of children's activities and organizations.

(Prior code § 7-9.01)

9.48.020 - Definitions.

As used in this chapter:

"Housing accommodation" means a residential rental unit consisting of one or more rooms in which cooking facilities are available.

"Minor child" means a child under the age of eighteen (18) years.

"Senior adult" means a person fifty-five (55) years of age or older.

(Prior code § 7-9.02)

9.48.030 - Prohibited activities.

It is 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:

A.

Refuse to rent or lease, or refuse to negotiate for the rental of, or otherwise deny to or withhold from any person such housing accommodations on the basis of pregnancy or the tenancy of a minor child;

B.

Represent to any person on the basis of pregnancy or the tenancy of a minor child that housing accommodations are not available for inspection or rental when such dwelling is in fact so available;

C.

Discriminate against any person in the terms, conditions or privileges of the rental of housing accommodations or in the provision of services or facilities in connection therewith, because of pregnancy or the tenancy of a minor child;

D.

Include 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;

E.

Charge additional rent or deposits or change the manner of payment for persons living in a housing accommodation on the basis of pregnancy or the tenancy of a minor child;

F.

Evict or otherwise demand surrender of housing accommodations from any person because of pregnancy or the tenancy of a minor child;

G.

Establish unreasonable rules or conditions of occupancy which have the effect of excluding households with children;

H.

Inquire as to the number of occupants or the ages, parenthood or family composition of prospective tenants prior to stating that a rental unit has already been rented.

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 city that indicates any preference or limitation that would violate the prohibitions of this section.

(Prior code § 7-9.03)

9.48.040 - Exemptions.

The following classifications of housing accommodations are exempt from this chapter:

A.

Rooms without their own kitchen facilities or rooms with the use of common or shared kitchen facilities;

B.

Units where the owner has publicly established and implemented a policy of renting exclusively to senior adults;

C.

Units in nursing, convalescent, and retirement homes and federally subsidized housing for the elderly.

(Prior code § 7-9.04)

9.48.050 - Compliance with other local and state laws required.

No provision of this chapter shall be construed to supersede any provision of a local ordinance or state law relating to health, safety, or housing occupancy.

(Prior code § 7-9.05)

9.48.060 - Criminal penalty.

Any person who violates any provision of Section 9.48.030A through H or who aids or incites such violation shall be deemed guilty of an infraction.

(Prior code § 7-9.06)

9.48.070 - Civil remedy.

Any person who violates any provision of Section 9.48.030A through G shall be liable in civil damages as provided by California Civil Code Section 52.

(Prior code § 7-9.07)

9.48.080 - Injunctive relief.

Any person who commits, or proposes to commit, an action in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction.

Any action for injunctive relief under this chapter may be brought by the City Attorney, by any aggrieved person, by other law enforcement agencies, by the District Attorney or by any person or entity which will fairly and adequately represent the interests of the protected class.

(Prior code § 7-9.08)

9.48.090 - Defense.

Refusal to rent to families with minor children will be permitted on the basis of the number of occupants only if that number exceeds the maximum allowed under the Uniform Housing Code. In addition, an affirmative defense to any alleged violation(s) of this chapter shall be established if the defendant(s) can prove that the housing accommodation was denied because to rent or lease the premises to the plaintiffs would violate the superficial floor space requirements of the current Uniform Housing Code.

(Prior code § 7-9.09)