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Understanding The City of San Diego's Source of Income Discrimination Ordinance

26/07/2019

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Southern California Rental Housing Association is hosting a series of classes designed to help our members understand the City of San Diego’s Source of Income Discrimination ordinance going into effect on August 1, 2019.

Here's a quick refresher on the City of San Diego ordinance…

Source of income is defined as all lawful, verifiable sources of income, or rental assistance from any federal, state, local, or nonprofit-administered benefit or subsidy program. It also includes 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. This includes Section 8 and VASH Vouchers.

Under the ordinance, it is unlawful for any person to do any of the following acts based on a person’s source of income:

  1. To refuse to enter into or renew an agreement for tenancy;
  2. To interrupt or terminate any tenancy;
  3. To falsely represent that a rental-unit is not available for tenancy;
  4. To require inclusion in the terms of an agreement for tenancy any clause, condition, or restriction;
  5. 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.
  6. To make, print, publish, advertise, or disseminate in any way, any notice, statement, or advertisement with respect to a rental-unit, which indicates discrimination based on a person’s source of income.
  7. To use a financial or income standard for entering into or renewing a tenancy that does fails to account for any tenant’s or prospective tenant’s entire source of income.
  8. To use a financial or income standard that fails to account for the aggregate source of income of tenants residing together or proposing to reside together, on the same basis as the aggregate source of income of married persons residing together or proposing to reside together.

Enforcement

  1. To file a source of income complaint, an alleged violation must occur on or after August 1, 2019.
  2. A person claiming a violation of this law may file an action against a person in a court within one year after discovery of the alleged violation.
  3. An aggrieved person may seek an injunction under this section.
  4. The court may award monetary damages to an aggrieved person who proves a violation of this Division.
  5. 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.
  6. 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.
  7. The court may award punitive damages, as well as attorneys’ fees and costs of action.

Read The Full Article

Register for our upcoming class on August 21,2019. San Diego Housing Commission representatives will be in attendance to answer questions