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File #: 25-176    Version: 1 Name:
Type: Informational Report Status: Agenda Ready
File created: 5/14/2025 In control: City Council
On agenda: 5/27/2025 Final action:
Title: SECOND READING AND ADOPTION OF AN ORDINANCE ADDING CHAPTER 8.35 TO THE CLAREMONT MUNICIPAL CODE PROHIBITING HARASSMENT IN RENTAL HOUSING
Attachments: 1. Ordinance, 2. Public Comment

TO:                     ADAM PIRRIE, CITY MANAGER                     

 

FROM:                     SHELLEY DESAUTELS, CITY CLERK

 

DATE:                     MAY 27, 2025                     

Reviewed by:

City Manager: AP

SUBJECT:

 

Title

SECOND READING AND ADOPTION OF AN ORDINANCE ADDING CHAPTER 8.35 TO THE CLAREMONT MUNICIPAL CODE PROHIBITING HARASSMENT IN RENTAL HOUSING

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SUMMARY

 

On February 11, 2025, the City Council introduced an ordinance that would add a section to the Claremont Municipal Code prohibiting harassment of tenants. The City Council also directed staff to conduct stakeholder outreach before the second reading of this anti-harassment ordinance. Staff held two listening sessions in March 2025, one of which was in-person and the other was held virtually.

 

A revised anti-harassment ordinance (Attachment A) was presented at the May 13, 2025 regular City Council meeting, incorporating some of the recommendations and feedback shared during the listening sessions.

 

This revised ordinance would create a new standalone chapter in the City’s Municipal Code that applies to all residential renters and landlords in Claremont, not just those subject to the City’s existing Just Cause Eviction Ordinance.

 

The most significant change from the ordinance presented in February is that language has been included prohibiting other forms of harassment (i.e., tenant-on-tenant and tenant-on-landlord harassment in addition to landlord-on-tenant harassment).  

 

The City Council placed the revised anti-harassment ordinance on first reading on a 4-1 vote. The ordinance is now before the City Council for second reading and adoption. If adopted, the ordinance will take effect in thirty (30) days.

 

Public comment received since the May 13, 2025 meeting is also attached (Attachment B).

 

 

 

RECOMMENDATION

 

Recommended Action

Staff recommends the City Council waive further reading and adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 8.35 (“PROHIBITION OF HARASSMENT IN RENTAL HOUSING”) TO TITLE 8 (“HEALTH AND SAFETY”) OF THE CLAREMONT MUNICIPAL CODE.

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ALTERNATIVES TO RECOMMENDATION

 

In addition to the recommendation, there are the following alternatives:

 

A.                     Request additional information from staff.

B.                     Request changes to the proposed anti-harassment ordinance.

 

FINANCIAL REVIEW

 

The staff cost to prepare this report are estimated at $372 and is included in the operating budget of the Administrative Services Department.

 

ANALYSIS

 

Background

 

On February 11, 2025, the City Council introduced and placed on first reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 8.35 (“PROHIBITION OF TENANT HARASSMENT”) TO TITLE 8 (“HEALTH AND SAFETY”) OF THE CLAREMONT MUNICIPAL CODE, PROHIBITING THE HARASSMENT OF TENANTS.

 

The City Council also directed staff to conduct stakeholder outreach before the second reading of this anti-harassment ordinance. Staff held two listening sessions in March 2025, one of which was in-person and the other was held virtually.

 

The revised anti-harassment ordinance (Attachment A) incorporates some of the recommendations and feedback shared during the listening sessions.  Some of the key revisions in this version of the ordinance include:

 

                     The most significant change to the revised proposed ordinance is that it includes language prohibiting other forms of harassment (i.e., tenant-on-tenant and tenant-on-landlord harassment in addition to landlord-on-tenant harassment), as directed by the City Council during its February 11 meeting. 

                     The February 11th draft the City Council approved on first reading prohibited landlords from disclosing or threatening to disclose information regarding the immigration or citizenship status of a tenant. Language was added that prohibits tenants from disclosing or threatening to disclose information regarding the immigration or citizenship status of their landlord or another tenant.

                     Language was added that clarifies for the purposes of awarding “reasonable attorney’s fees and costs”, a tenant or landlord prevailing in court includes a tenant or landlord who successfully defends a civil action filed pursuant the ordinance.

                     The revised ordinance refines the “Advance Written Notice” procedure by removing the “blanket” 30-day response requirement and instead differentiating between (1) any action that constitutes harassment (which requires immediate corrective action upon receipt of written notice) and (2) addressing any conditions that constitute harassment (which requires making diligent progress upon receipt of written notice).

                     Language was added that limits a landlord’s access to perform work in a tenant’s unit to a four hour period unless the work the landlord is performing requires a longer period, and the language requires the landlord to attempt to schedule the entry at a time that is mutually convenient for the tenant.

 

The revised ordinance would be a new standalone chapter in the City’s Municipal Code so that it would apply to all renters and landlords in Claremont, not just those subject to the City’s existing Just Cause Eviction Ordinance.

 

During the May 13 City Council meeting, the City Council placed the revised ordinance on first reading. The ordinance is now on for second reading and adoption.

 

LEGAL REVIEW

 

The revised ordinance has been reviewed and approved as to form by the City Attorney.

 

RELATIONSHIP TO CITY PLANNING DOCUMENTS

 

Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds that it applies to the following City Planning Documents: Council Priorities, Sustainable City Plan, General Plan, and the 2024-26 Budget.

 

CEQA REVIEW

 

This item is not subject to environmental review under the California Environmental Quality Act (CEQA).

 

PUBLIC NOTICE PROCESS

 

The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk’s Office.

 

Submitted by:                     

 

Shelley Desautels

City Clerk

 

Attachments:

A - Ordinance

B - Public Comment Received Since May 13, 2025