As published in the Salinas Valley Business Journal, March 2025
https://salinaschamber2023.growthzoneapp.com/ap/CloudFile/Download/pMZkaooP
By Geraldine Villa, Attorney
This article is the final segment of a three-part series discussing the new Salinas Rental Ordinances, which became effective January 1, 2025. The focus of this article is the Tenant Anti-Harassment Ordinance (“Ordinance”), Salinas City Code section 17.02.100 and following. The Ordinance is designed to regulate landlord practices in residential tenancies. The Ordinance enhances existing tenant protections under federal, state, and local laws. It applies to all residential rental units in Salinas, including single-family homes, condominiums, mobile homes, and trailer spaces, with only several exceptions.
Exemptions to the Ordinance
The following rental properties are exempt from the provisions of the Ordinance:
- Healthcare and Rehabilitation Facilities: Rental units in hospitals, skilled nursing, or other health-related facilities.
- Treatment Facilities and Supportive Housing: Short-term treatment facilities for substance abuse or structured living environments for homeless individuals provided by non-profit organizations, provided the housing is time-limited (up to 24 months) and properly licensed.
- Transient Occupancy: Properties subject to transient occupancy laws (such as hotels and motels) unless the rental period exceeds 30 days.
Prohibited Harassment Practices
The Ordinance prohibits landlords and their agents from doing any of the following:
- Disruption of Housing Services: Landlords must not interrupt, terminate or threaten to interrupt or terminate housing services (defined as hot and cold water, heat, light, utilities if paid by the Landlord, doors, windows, painting, window shades and screens, refuse removal, maintenance, repairs, replacements, recreational areas, laundry facilities, storage spaces, parking, the right to a one-for-one replacement of roommates, regardless of any prohibition in the lease against subletting or assignment) or any other amenity required under the rental agreement, or by state or local laws. Landlords must continue to provide such housing services without interruption.
- Failure to Perform Repairs: Landlords are required to make timely repairs and exercise due diligence in completing repairs, particularly those that impact tenant health and safety.
- Retaliation: Landlords cannot retaliate against tenants for asserting their rights, including requesting repairs or raising concerns about housing conditions.
- Sexual Harassment: Landlords or their agents are strictly prohibited from soliciting sexual favors in exchange for any housing-related benefits, including protection from eviction, repairs or maintenance.
- Improper Access and Removal of Personal Property: Landlords cannot abuse their right of access or remove tenant belongings without first complying with the statutory procedure set removal in Civil Code section 1980 and following.
- Coercion or Intimidation: Landlords are prohibited from using threats or intimidation to force tenants to vacate or accept illegal rental terms. Landlords are further prohibited from offering tenants payments to vacate (“cash for keys”) more than once in six months after the tenant has notified the landlord in writing that the Tenant does not desire to receive further cash for keys offers.
- Discriminatory Practices: The Ordinance mandates compliance with all discrimination laws, including those protecting tenants based on race, gender, disability, or other protected characteristics.
- Interference with Tenant Rights: Landlords cannot infringe on tenants’ rights to privacy or impose unreasonable demands.
- Refusing to Accept Rent: Landlords cannot refuse accept or to cash a rent check or money order for more than 30 days, except as permitted by state law.
This list is not an exclusive list of acts that might be found to be tenant harassment, as the Ordinance is written is such a way that a judge could find other behavior that is intended to interfere with a tenant’s occupancy also violates the Ordinance. In addition to these specific prohibitions, harassment also includes any behavior that disrupts a tenant’s peaceful enjoyment of their home, ensuring that tenants can live without undue interference from their landlords.
Notice Requirements
Landlords are required to provide tenants with written notice of the Ordinance both when the tenancy begins and whenever a notice of termination is issued. This notice must include the following:
- A statement that the tenancy is governed by the City’s Tenant Anti-Harassment Ordinance.
- A reminder of the landlord’s responsibility under the Salinas Municipal Code to avoid acting in bad faith or with dishonest intent.
- A disclosure that landlords who violate the ordinance may be held liable for damages.
This notice must be in writing, in the form prescribed by the City, and include a Spanish-language translation. Landlords must deliver this notice within 30 days of the ordinance’s effective date. For properties with multiple rental units, the notice should be posted in a common area. This form may be found on the City of Salinas website: https://www.cityofsalinas.org/Residents/Community/Housing-Community-Development/Rental-Registration-Rent-Stabilization.
Additionally, landlords are prohibited from removing key amenities—such as parking, laundry facilities, storage space, backyards, and kitchen or bathroom facilities—without good cause. Good cause includes when removal is required by law or necessary for safety, or when the tenant consents in writing to the removal.
Remedies and Penalties
Violations of the Ordinance can lead to both criminal and civil consequences. Violators may face misdemeanor charges, punishable by fines of up to $1,000 per offense or imprisonment for up to six months. Tenants as well as the City may pursue legal action against landlords violating the Ordinance. Violators may be required to pay damages including damages for emotional distress, triple damages and punitive damages. In cases involving tenants who are disabled or 65 years of age or older, fines may increase to $5,000 per violation. Tenants can also use violations of the Ordinance as an affirmative defense in eviction actions.
Conclusion
The Tenant Anti-Harassment Ordinance is intended to regulate landlord-tenant interactions, ensuring that landlords adhere to legal standards and maintain a professional relationship with tenants. Landlords must provide the necessary notices (discussed above) to their tenants, and should familiarize themselves with the Ordinance’s provisions and make sure that anyone acting on their behalf, such as property managers or agents, follow the Ordinance. Lastly, landlords are encouraged to consult with legal counsel when any new ordinance is enacted that imposes additional duties on them.
Geraldine Villa is in Noland Hamerly’s Civil Litigation practice group and frequently works on landlord/tenant matters. A Salinas native, she serves on the Board of Directors of the Monterey County Women Lawyers Association.
This article is intended to address topics of general interest and should not be construed as legal advice. © 2025 Noland, Hamerly, Etienne & Hoss