Pasadena Rental Housing Board Votes to Adopt Anti-Harassment Regulations

The Pasadena Rental Housing Board approved comprehensive anti-harassment and anti-retaliation regulations on Thursday, establishing clear protections for tenants facing intimidation or retaliation by landlords.

The regulations, which interpret sections 1806(g) and 1806(h) of the City’s Fair and Equitable Housing Charter Amendment, detail prohibited behaviors and outline remedies available to affected tenants.

“These regulations clarify the meaning of the Charter Amendment to foster greater understanding,” according to a representative of the City Attorney’s office. “The non-exhaustive list is intended as guidance for courts and to provide landlords and tenants with more information about their rights and obligations.”

The regulations specifically address retaliation by landlords against tenants who exercise their rights, such as requesting repairs, filing petitions for rent adjustments, or organizing with other tenants. They also detail various forms of harassment, including violations of quiet enjoyment, habitability issues, abusing right of access, and attempts to force tenants to vacate through misrepresentation or intimidation.

Board Member Allison Henry noted the importance of naming specific behaviors.

“Some of what our protections are doing are actually naming things with harassment and retaliation,” Henry said. “For myself, I don’t feel like we’re doing extra. I feel like we’re being very specific.”

The regulations include provisions for notifying tenants of their rights, with the Rent Stabilization Department required to update existing notices to include information about anti-harassment and anti-retaliation protections.

While the Board itself cannot directly enforce these regulations administratively, they can be used by tenants as affirmative defenses in eviction cases or as the basis for civil lawsuits. In particularly egregious situations, the Board could bring affirmative lawsuits on behalf of tenants.

Board Member Peter Dreier spoke to the preventative aspect of the regulations, saying that the fact the Rent Stabilization Board cannot directly enforce the rules was “not a good enough reason to not adopt these regulations.”

Dreier said, “It creates an environment where tenants should know their own rights and can spread that word to other tenants in the same building.”

Chair Ryan Bell highlighted that he believes the regulations would serve as a deterrent.

“I think 95% of the landlords in Pasadena don’t need these kinds of reminders about what not to do,” Bell said. “But for the five or 1% even that do, I think it is helpful and it does give tenants more affirmative rights in court.”

The regulations also establish potential monetary damages and attorney’s fees for successful claims, including provisions for treble damages in cases where landlords acted with knowing violation or reckless disregard of the rules.

The Board voted unanimously to approve the regulations with two amendments: adding inquiring about or notifying about rental registry registration as a protected activity, and adding language to notices acknowledging that tenants have obligations to each other for a safe and healthy housing community.