Update: Pomona City Council Passes Anti-Harassment Ordinance—What Landlords Need to Know

0 Comment Category: Uncategorized

On September 16th, Pomona City Council approved a new Anti-Harassment Ordinance aimed at addressing tenant harassment. Unfortunately, this ordinance was rushed through as an “urgency” measure and is now in effect. The ordinance exclusively protects tenants, leaving landlords vulnerable to accusations of harassment for even routine interactions. Below, we break down the key provisions and the implications for rental property owners.

Key Elements of the Ordinance

The new ordinance defines harassment so broadly that it essentially turns every landlord-tenant interaction into a potential liability. Here are the most concerning aspects:

  • Routine Requests Considered Harassment: Even asking tenants for rent could be interpreted as harassment. This vague wording risks completely severing communication between landlords and tenants.
  • Buyout Negotiations Restricted: Section 34-200(a)(5) prohibits landlords from discussing voluntary buyouts, even in good faith. This prevents owners from negotiating mutually beneficial solutions.
  • Unclear Expectations on Tenant Privacy: Section 34-200(a)(15) restricts landlords from requesting information deemed as violating “tenant privacy.” However, there is no clear definition of what qualifies as private, leaving landlords in a precarious position.
  • Severe Penalties Without Clarity: Section 34-201(b) makes offenses punishable by up to $1,000 in fines or six months in jail. Worse, the ordinance uses the term “shall,” removing the court’s discretion to adjust penalties based on individual circumstances.

Immediate Impact on Landlords

With the urgency ordinance now in effect, landlords must immediately adjust how they interact with tenants. Routine requests, such as discussing late rent, addressing nuisances, or even offering buyouts, could potentially lead to accusations of harassment. The vague language makes it extremely challenging for landlords to know where the line is drawn, which could lead to misunderstandings and legal consequences.

Key Concerns Include:

  1. Communication Breakdown: Routine communications, such as asking about late rent or clarifying parking issues, are now risky. Many landlords may opt to avoid direct contact to reduce liability, making it harder to address small problems before they escalate.
  2. No Protection for Landlords: The ordinance does not offer any protections against tenant harassment. While landlords are held to a high standard of conduct, there are no provisions to hold tenants accountable for hostile behavior or harassment of property owners.
  3. Unfair Restrictions on Negotiations: The ordinance makes even the discussion of potential buyouts a gray area. This restricts landlords’ ability to manage tenancies effectively.

What Landlords Should Do Now

  • Document Everything: All interactions with tenants should be thoroughly documented to protect yourself from harassment accusations. This includes requests, agreements, and all written communication.
  • Seek Legal Guidance: The vague nature of this ordinance means landlords must tread carefully. Legal guidance is critical to avoid the risks associated with this new regulation.
  • Monitor Future Changes: Stay informed about any potential modifications to this ordinance. Public pressure could lead to revisions that clarify landlord rights.

How Davidovich Stone Law Group Can Assist

Davidovich Stone Law Group is here to help Pomona landlords navigate these complex and rapidly changing regulations. We offer:

  • Compliance Strategies: Clear advice on how to stay compliant with this new ordinance while protecting your rights.
  • Documentation Support: Guidance on documenting tenant interactions to protect against false harassment claims.
  • Legal Representation: Assistance in defending against harassment accusations under the new ordinance.

These sudden changes are challenging, but you can adapt and protect your interests with the right legal support. Contact us today for a consultation and let us help you navigate this new regulatory landscape.

Your bottom line is our top priority.

Share This Story, Choose Your Platform!

leave A comment