Article 8: Housing

Division 8: Prohibition of Discrimination Based on a Tenant’s Source of Income
(“Prohibition of Discrimination Based on a Tenant’s Source of Income” added 9-18-2018 by O–20986 N.S.; effective 10-18-2018.)

§98.0801	Purpose and Intent

It is the purpose and intent of this Division to ensure that landlords in the City of San Diego cannot discriminate against any person based on that person’s source of income. The California Fair Employment and Housing Act (FEHA), as amended   from time to time, makes it unlawful for the owner of any housing accommodation to discriminate against any person based on certain factors, including the person’s  source of income. FEHA defines source of income as “lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant [excluding a landlord].” This Division defines source of income more broadly to include rental assistance from any federal, state, local, or nonprofit-administered benefit or subsidy program, among other sources. Under this Division, landlords retain their right to reject prospective tenants for other lawful reasons consistent with federal, state, and local laws.
(“Purpose and Intent” added 9-18-2018 by O–20986 N.S.; effective 10-18-2018.)

§98.0802	Definitions

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Source of income means all lawful, verifiable sources of income, or rental assistance from any federal, state, local, or nonprofit-administered benefit or subsidy program, or any financial aid from any rental assistance program, homeless assistance program, security deposit assistance program, or housing subsidy program, whether paid directly to the program participant, landlord, or representative of either.

Rental-unit has the same meaning as in Municipal Code section 98.0720.

Tenancy has the same meaning as in Municipal Code section 98.0720.
(“Definitions” added 9-18-2018 by O–20986 N.S.; effective 10-18-2018.)

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§98.0803	Prohibited Activity

It is unlawful for any person to do any of the following acts, wholly or in part, based on a person’s source of income (except as may be necessary to comply with any program requirements related to source of income):

To refuse to enter into or renew an agreement for tenancy;

To interrupt or terminate any tenancy;

To falsely represent that a rental-unit is not available for tenancy;

To require inclusion in the terms of an agreement for tenancy any clause, condition, or restriction; or

To restrict a tenant’s access to facilities or services on real property associated with the tenancy, or refuse repairs or improvements to real property associated with the tenancy.

It is unlawful for any person to make, print, publish, advertise, or disseminate in any way, or cause to be made, printed, published, advertised, or disseminated in any way, any notice, statement, or advertisement with respect to a rental-unit, or with respect to financing related to a rental-unit, which indicates discrimination based on a person’s source of income.

It is unlawful for any person to use a financial or income standard for entering into or renewing a tenancy that does either of the following:

Fails to account for any tenant’s or prospective tenant’s entire
source of income; or

Fails to account for the aggregate source of income of tenants residing together or proposing to reside together, or the aggregate source of income of tenants or prospective tenants and their cosigners or proposed cosigners, on the same basis as the aggregate source of income of married persons residing together or proposing to reside together.

(“Prohibited Activity” added 9-18-2018 by O–20986 N.S.; effective 10-18-2018.)

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(10-2018)

§98.0804	Exceptions for Owner-Occupied Rental-Units

Nothing in this Division shall apply to any tenancy in which the owner or any member of his or her family resides within the same residential building as the tenant and the owner or family member share a bathroom or a kitchen facility with the tenant or prospective tenant.
(“Exceptions for Owner-Occupied Rental-Units” added 9-18-2018 by O-20986 N.S.; effective 10-18-2018.)

§98.0805	Effect on Other Laws

Nothing in this Division shall be deemed to permit a transaction in real property that is otherwise prohibited by any applicable law.
(“Effect on Other Laws” added 9-18-2018 by O–20986 N.S.; effective 10-18-2018.)
§98.0806	Enforcement and Remedies

An aggrieved person claiming a violation of this Division may file an action against a person in a court of competent jurisdiction for a violation(s) that is alleged to have occurred on or after August 1, 2019, within one year after discovery of the alleged violation.

An aggrieved person may seek an injunction under this section.

The court may award monetary damages to an aggrieved person who proves a violation of this Division. If the court determines that a violation occurred during a tenancy, then the court shall award to the individual whose rights are violated three (3) times the amount of one month’s rent that was being charged for the rental-unit at the time of violation. If the court determines that a violation occurred prior to a tenancy, then the court shall award to the individual whose rights are violated three (3) times the amount of one month’s rent that the landlord advertised for the rental-unit at the time of the violation.

The court may award punitive damages, as well as attorneys’ fees and costs of action.

Nothing in this section shall be interpreted to limit or restrict the City’s authority to administer and enforce the provisions of this Division pursuant to Chapter 1 of this Code.

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(10-2018)

This Division is not to be construed to limit an aggrieved person’s right to bring legal action for a violation of any other laws concerning housing discrimination, or other standards or rights, nor is exhaustion of remedies under this Division a prerequisite to the assertion of any other such right.
(“Enforcement and Remedies” added 9-18-2018 by O–20986 N.S.; effective 10-18-2018.)

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