ITEM 8-E
City Council Meeting 7-25-95 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: An Ordinance Of The City Council Of The City
Of Santa Monica To Amend Chapter 4.40 Of The Santa
Monica Municipal Code To Provide Eviction
Protection To Tenants With Domestic Partners
On April 25, 1995, the City Council directed this office to
prepare an ordinance which would prohibit a landlord from
terminating a tenancy because a tenant has established a domestic
partnership. The Council sought this legislation after it
received complaints from tenants in the community who have had
their tenancies impacted due to their having domestic partners.
This ordinance establishes a definition of domestic partner and
domestic partnership. It also prohibits a landlord from
threatening to commence or commencing eviction proceedings
against any tenant on the grounds that the tenant now has a
domestic partnership.
In arriving at a definition of domestic partnership and domestic
partner, the City Attorney's Office examined the domestic
partnership statutes adopted by the cities of San Francisco,
Berkeley, and West Hollywood and the model domestic partnership
statute developed by the Spectrum Institute. The definition in
the instant ordinance represents a synthesis of the definitions
found in these ordinances.
A domestic partnership would be established if the following is
true:
(1) the persons live together;
(2) the persons share basic living expenses
(defined as rent), although they need not
contribute equally or jointly to the costs of
these expenses as long as they are both
responsible for these costs;
(3) the persons are not related by blood
closer than would bar marriage in the State
of California;
(4) neither person is married;
(5) the persons are eighteen (18) years of
age or older;
(6) the persons are each other's sole
domestic partner and intend to remain so
indefinitely;
(7) the persons have an intimate, committed
relationship of mutual caring;
(8) the persons have completed, signed and
caused to be filed an "Affidavit of Domestic
Partnership" with the City Clerk's Office on
a form prepared by the City; and
(9) neither of the persons has had a
different domestic partner in the six months
prior to signing the "Affidavit of Domestic
Partnership," unless the termination of the
previous domestic partnership was due to the
death of a domestic partner.
As indicated above, one of the requirements for establishing a
domestic partnership is the filing of an Affidavit of Domestic
Partnership with the City Clerk. This requirement will impose an
administrative burden on the City. However, every ordinance
reviewed by this office contained a similar requirement. It
serves as a formal and public acknowledgement of domestic
partnership.
This ordinance would also require one or both of the partners to
file a notice of revocation of the domestic partnership with the
City Clerk when the partnership has ended, other than by death of
one of the partners, and would allow a domestic partner to amend
the affidavit of domestic partnership. The City Clerk would be
required to maintain these documents.
In recognition of the administrative costs of this program, this
ordinance authorizes the City Council to establish, by
resolution, the amount of a filing fee to cover the costs
associated with registration of the domestic partnership.
RECOMMENDATION
It is respectfully recommended that the City Council introduce
the attached ordinance for first reading and hold a public
hearing thereon.
Prepared By: Marsha Jones Moutrie, City Attorney
Barry A. Rosenbaum, Deputy City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND CHAPTER 4.40 OF THE SANTA
MONICA MUNICIPAL CODE TO PROVIDE EVICTION
PROTECTION TO TENANTS WITH DOMESTIC PARTNERS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The title to Chapter 4.40 of the Santa Monica
Municipal Code is hereby amended to read as follows:
CHAPTER 4.40. DISCRIMINATION ON THE
BASIS OF SEXUAL ORIENTATION OR
DOMESTIC PARTNERSHIP
SECTION 2. Chapter 4.40.020 of the Santa Monica Municipal
Code is amended to read as follows:
4.40.020. Definitions.
The following words or phrases as used
in this Chapter shall have the following
meanings:
(a) Affidavit of Domestic Partnership.
A document executed by two persons under
penalty of perjury in which they declare that
they are a domestic partnership as defined in
this Chapter. This document shall be
provided by the City.
(b) Basic Living Expenses. The rent
for the principal place of residence shared
by the domestic partners.
(a)(c) Business Establishment. Any
entity, however organized, which furnishes
goods or services to the general public. An
otherwise qualifying establishment which has
membership requirements is considered to
furnish services to the general public if its
membership requirements: (1) consist only of
payment of fees; or (2) consist of
requirements under which a substantial
portion of the residents of the City of Santa
Monica could qualify.
(d) Domestic Partner. A person who
shares a domestic partnership with another
person.
(e) Domestic Partnership. A
relationship between two persons in which the
following is true: (1) the persons live
together (2) the persons share basic living
expenses and agree to be jointly responsible
for these expenses, (3) the persons are not
related by blood closer than would bar
marriage in the State of California, (4)
neither person is married (5) the persons are
eighteen (18) years of age or older, (6) the
persons are each other's sole domestic
partner and intend to remain so indefinitely,
(7) the persons have an intimate, committed
relationship of mutual caring, (8) the
persons have completed and executed an
"Affidavit of Domestic Partnership" which is
currently on file with the Clerk's Office
and this Affidavit has not been revoked and
(9) neither person has had a different
domestic partner in the six months prior to
executing the "Affidavit of Domestic
Partnership," unless the termination of the
previous domestic partnership was due to the
death of a domestic partner.
(b)(f) Individual. The same as the term
"person." Wherever this Chapter refers to the
sexual orientation of any individual, and the
individual is a group, the phrase shall mean
the sexual orientation of any member of the
group.
(g) Jointly Responsible. Each domestic
partner agrees to provide for the other's
basic living expenses while the domestic
partnership is in effect. The partners need
not contribute equally or jointly to basic
living expenses. A landlord who is owed
basic living expenses can enforce the
domestic partners' agreement.
(h) Live Together. Two people share the
same principal place of residence and intend
to do so indefinitely. It is not necessary
that the legal right to possess this
residence be in both of their names. One or
both of the people may have additional living
quarters.
(c)(i) Person. Any person as defined in
Municipal Code Section 1.12.150.
(d)(j) Sexual Orientation. Actual or
supposed homosexuality, heterosexuality, or
bisexuality, by preference or practice,
including, but not limited to, an orientation
that may be impute on the basis of
mannerisms, physical characteristics or
manner of dress.
SECTION 3. Chapter 4.40.040 of the Santa Monica Municipal
Code is amended to read as follows:
4.40.040. Housing and other real
estate transactions
(a) Unlawful Real Estate Practices:
(1) Transactions Generally. It shall
be an unlawful real estate practice for any
person to interrupt, terminate, or fail or
refuse to initiate or conduct any transaction
in real property, including but not limited
to rental transactions, on the basis, in
whole or in part, of an individual's sexual
orientation or domestic partnership.
Unlawful practices based on an individual's
sexual orientation or domestic partnership
would include, but not be limited to, (1)
requiring different terms for the real
property transaction, (2) including in the
terms or conditions of a transaction in real
property any special or unique clause,
condition or restriction, or (3) falsely
representing that an interest in real
property is not available for transaction.
(2) Credit and Insurance. It shall be an
unlawful real estate practice for any person
to refuse to lend money, guarantee a loan,
accept a deed of trust or mortgage, or
otherwise refuse to make available funds for
the purchase, acquisition, construction,
alteration, rehabilitation, repair or
maintenance of real property, to impose
different conditions on such financing, to
refuse to provide title or other insurance
relating to the ownership or use of any
interest in real property on the basis, in
whole or in part, of any individual's sexual
orientation.
(3) Tenant Services. It shall be an
unlawful real estate practice for any person
to refuse or restrict facilities, services,
repairs or improvements for any tenant or
lessee on the basis, in whole or in part, of
any individual's sexual orientation.
(4) Eviction Proceedings. It shall be
an unlawful real estate practice to threaten
to commence or commence eviction proceedings
against any tenant on the grounds that he or
she has breached a rental agreement if the
alleged breach arises from an increase in the
number of occupants due to the domestic
partnership of the tenant, provided that the
occupancy by the tenant's domestic partner is
otherwise lawful.
(4)(5) Advertising. It shall be an
unlawful real estate practice for any person
to make, print, publish, advertise or
disseminate in any way, any notice,
statement, or advertisement with respect to a
transaction or proposed transaction in real
property, or with respect to financing
related to any such transaction, which
unlawfully indicates or attempts to indicate
any unlawful preference, limitation or
discrimination on the basis, in whole or in
part, of any individual's sexual orientation.
(b) Subterfuge. If the reason for
undertaking or performing one of the actions
specified in subsection (a) of this Section
was based, in whole or in part, on the sexual
orientation of an individual, it shall not be
a defense that this action could have also
been supported by legitimate and lawful
grounds.
(c) Exceptions.
(1) Owner Occupied and Small Dwellings.
Nothing in this Chapter shall be construed to
apply to the rental or leasing of any housing
unit in which the owner or lessor or any
member of his or her family occupies one of
the living units and either: (a) it is
necessary for the owner or lessor to use
either a bathroom or kitchen facility in
common with the prospective tenant; or (b)
the structure contains less than three (3)
dwelling units.
(2) Effect on Other Laws. Nothing in
this Chapter shall be deemed to permit any
rental or occupancy of any dwelling unit or
commercial space otherwise prohibited by law.
(d) Records of Domestic Partnership and
Filing Fees.
(1) Affidavit of Domestic Partnership.
An Affidavit of Domestic Partnership must be
filed with the Clerk's Office to establish
the domestic partnership.
(2) Amendment to Affidavit. A domestic
partner may amend an Affidavit of Domestic
Partnership filed with the City Clerk at any
time to show a change of his or her mailing
address or to show a change in the principal
place of residence of the domestic partners.
(3) Revocation of Domestic Partnership.
When a domestic partnership has ended, other
than by death of one of the domestic
partners, one or both of the partners shall
file a "Notice of Revocation of Domestic
Partnership" with the City Clerk's Office on
a form prepared by the City.
(4) Maintenance of City Clerk's
Records. The City Clerk shall keep a record
of all affidavits, amendments, and
revocations. The records shall be maintained
so that amendments and revocations are filed
with the affidavit to which they apply.
(5) Filing Fees. The City Council
shall set the amount of the filing fees for
the Affidavit of Domestic Partnership by
resolution. The fees charged shall cover the
City's costs of administering the domestic
partnership registry. No separate fee shall
be charged for filing the Revocation of
Domestic Partnership. Payment of the filing
fee shall entitle the person filing the
Affidavit to have two (2) copies of the
Affidavit certified by the City Clerk.
Certification of additional copies shall cost
an amount per copy to be determined by
resolution of the City Council.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
is hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney