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Palo Alto Municipal Code
PALO ALTO MUNICIPAL CODE
CHARTER OF THE CITY OF PALO ALTO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATIVE CODE*
Title 3 RESERVED
Title 4 BUSINESS LICENSES AND REGULATIONS*
Title 5 HEALTH AND SANITATION*
Title 6 ANIMALS
Title 7 RESERVED
Title 8 TREES AND VEGETATION
Title 9 PUBLIC PEACE, MORALS AND SAFETY*
Chapter 9.04 ALCOHOLIC BEVERAGES
Chapter 9.06 RESERVED*
Chapter 9.07 SAFE STORAGE OF FIREARMS
Chapter 9.08 GUNS AND EXPLOSIVES
Chapter 9.09 PUBLIC NUISANCE
Chapter 9.10 NOISE*
Chapter 9.12 LOUDSPEAKERS
Chapter 9.14 SMOKING AND TOBACCO REGULATIONS*
Chapter 9.16 RESERVED*
Chapter 9.17 RESERVED*
Chapter 9.20 RESERVED*
Chapter 9.22 IMPERSONATING PUBLIC OFFICIALS
Chapter 9.24 RESERVED*
Chapter 9.26 PRIVATE PATROL SERVICE*
Chapter 9.28 HOTELS AND ROOMING HOUSES
Chapter 9.32 RESERVED*
Chapter 9.40 AIRCRAFT
Chapter 9.44 SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN PUBLIC PARKING LOTS*
Chapter 9.45 SOLICITATION IN STREETS, COMMERCIAL PARKING AREAS, AND IN AND ADJACENT TO DRIVEWAY ENTRANCES
Chapter 9.48 OBSTRUCTING STREETS AND SIDEWALKS
Chapter 9.50 GRAFFITI
Chapter 9.56 ABATEMENT OF NUISANCES*
Chapter 9.57 RESERVED*
Chapter 9.60 CIVIC CENTER BLOCK REGULATIONS
Chapter 9.64 REGULATION OF COMMUNITY FACILITIES*
Chapter 9.65 RESIDENTIAL RENTAL REGISTRY PROGRAM
Chapter 9.68 RENTAL HOUSING STABILIZATION
Chapter 9.70 RESALE CONTROLS FOR UNITS ORIGINALLY FINANCED WITH MORTGAGE REVENUE BONDS
Chapter 9.72 MANDATORY RESPONSE TO REQUEST FOR DISCUSSION OF DISPUTES BETWEEN LANDLORDS AND TENANTS
Chapter 9.73 CITY POLICY AGAINST ARBITRARY DISCRIMINATION
Chapter 9.74 DISCRIMINATION AGAINST FAMILIES WITH MINOR CHILDREN IN HOUSING*
Chapter 9.76 MOBILEHOME PARK CONVERSION
Chapter 9.78 MOSQUITO ABATEMENT
Chapter 9.79 NEWSRACKS*
Title 10 VEHICLES AND TRAFFIC*
Title 11 ENVIRONMENTAL IMPACT PROCEDURE
Title 12 PUBLIC WORKS AND UTILITIES
Title 13 IMPROVEMENT PROCEDURE*
Title 14 RESERVED
Title 15 FIRE PREVENTION*
Title 16 BUILDING REGULATIONS*
Title 17 HAZARDOUS MATERIALS STORAGE*
Title 18 ZONING*
Title 19 MASTER PLAN*
Title 20 PRECISE PLANS*
Title 21 SUBDIVISIONS AND OTHER DIVISIONS OF LAND*
Title 22 PARKS*
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 9.74
DISCRIMINATION AGAINST FAMILIES WITH MINOR CHILDREN IN HOUSING*
Sections:
   9.74.010   Findings and purpose.
   9.74.020   Definitions.
   9.74.030   Prohibited activities.
   9.74.040   Exemptions.
   9.74.050   Requirements of financial obligations not prohibited.
   9.74.060   Penalties - Remedies.
   *   As adopted by Ord. 3411, this chapter was designated Ch. 9.70. That chapter number had already been assigned to the previous chapter, "Resale Controls for Units Originally Financed with Mortgage Revenue Bonds." Therefore, the number assigned to this chapter was amended by the codifier to its present designation as Ch. 9.74
9.74.010   Findings and purpose.
   (a)   The city council finds and declares that:
   (1)   Arbitrary discrimination against persons with minor children exists in the city.
   (2)   The existence of such discrimination poses a substantial threat to the public health and welfare of a large segment of the community, namely, families with children.
   (3)   The overall effect of such discrimination is to encourage the flight of families from the city, resulting in the decline of stable, intergenerational neighborhoods, the closure of schools, and the reduction of social and recreational services for children and their families.
   (4)   Such discrimination cuts across all racial, ethnic, and economic lines, but falls most heavily on minority and single-parent families with children.
   (5)   It is consistent with the housing element of the General Plan to promote and ensure open and free choice of housing without discrimination on the basis of age or family composition.
   (6)   Because housing is a fundamental necessity of life, it is against the public policy of the city to discriminate in rental housing against persons based upon their age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.
(Ord. 3411 § 1 (part) 1983)
9.74.020   Definitions.
   (a)   For the purposes of this chapter, certain terms are defined as follows:
   (1)   "Senior adults" means persons sixty-two years of age or older.
   (2)   "Housing accommodations" means any residential rental unit consisting of one or more rooms in which cooking facilities are available.
   (3)   "Minor child" means any natural person under the age of eighteen years.
   (4)   "Person" means any individual, firm, partnership, joint venture, association, corporation, estate, or trust.
(Ord. 3411 § 1 (part), 1983)
9.74.030   Prohibited activities.
   (a)   It is unlawful for any person having a housing accommodation for rent or lease, or any authorized agent or employee of such person, to do or attempt to do any of the following:
   (1)   Refuse to rent or lease a housing accommodation, refuse to negotiate for the rental or lease of a housing accommodation, or otherwise deny to or withhold from any person or persons, a housing accommodation on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child;
   (2)   Discriminate against any person in the terms, conditions, or privileges of the rental or lease of a housing accommodation, or in the provision of services, facilities or benefits, in connection therewith, on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child. However, nothing in this chapter shall preclude any person from imposing reasonable restrictions on the use of common areas, facilities, and services which are necessary to protect the health and safety of a tenant;
   (3)   Represent to any person on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child that a housing accommodation is not available for inspection, rental, or lease when such housing accommodation is, in fact, available;
   (4)   Make, print, or publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to a housing accommodation offered by that person that indicates any preference, limitation, or discrimination with respect to age, parenthood, pregnancy, or the potential or actual tenancy of a minor child;
   (5)   Include in any rental agreement or lease for a housing accommodation, a clause or condition providing that as a condition of continued tenancy, the tenants shall remain childless or shall not bear children or otherwise not maintain a household with a person of a certain age;
   (6)   Refuse to rent after making a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodations to any person because of the potential tenancy of a minor child or children;
   (7)   Limit occupancies to fewer than two natural persons per bedroom, unless that number exceeds the maximum allowed under the superficial floor-space requirements of Section 503(b) of the Uniform Housing Code. For those housing accommodations without any bedroom, no person shall be required to rent or lease to more than one person. In no case shall such occupancy limits apply to a newborn infant during the term of any lease in effect on the date of birth of such infant unless that limit implements the superficial floor-space requirements of Section 503(b) of the Uniform Housing Code. All occupancies limitations shall be uniformly imposed and either conspicuously posted on the premises or contained in a written policy, rules or notice;
   (8)   Evict or otherwise demand surrender of a housing accommodation from any person because of age, parenthood, pregnancy or presence of a minor child;
   (9)   Charge additional rent for persons living in a housing accommodation on the basis of age, parenthood, pregnancy, or presence of a minor child.
(Ord. 3411 § 1 (part), 1983)
9.74.040   Exemptions.
   (a)   Nothing contained in this chapter shall apply to or be construed:
   (1)   To affect a housing project or development where the owner has publicly established and implemented a policy of renting exclusively to senior adults and their spouses. Deviance from or abandonment of that policy shall automatically terminate this exemption and subject the owner to all the provisions of this chapter;
   (2)   To affect any state licensed nursing home, convalescent home, or community care facility;
   (3)   To apply to any housing accommodation occupied by the owner;
   (4)   To apply to any housing accommodation occupied by a tenant who subleases any portion of that accommodation to another tenant;
   (5)   To affect any area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.
(Ord. 3411 § 1 (part), 1983)
9.74.050   Requirements of financial obligations not prohibited.
   This chapter shall not prohibit the person having the right to rent or lease the premises from requiring the same rent, deposits, fees or charges of prospective adult tenants with minor children as he or she may require of prospective adult tenants without children. However, no discrimination in the amount or manner of payment of the rent, deposits, fees or charges shall be permitted.
(Ord. 3411 § 1 (part), 1983)
9.74.060   Penalties - Remedies.
   (a)   Criminal. Violations of this chapter shall constitute an misdemeanor.
   (b)   Civil. Any person who violates the provisions of this chapter shall be liable to each party injured by such violation for actual damages sustained by such person, costs and reasonable attorneys' fees. In addition, the court may award punitive damages.
   (c)   Injunctive Relief.
   (1)   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.
   (2)   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.
(Ord. 4453 § 46, 1997: Ord. 3411 § 1 (part), 1983)