Editorial News Alert: Burbank Adopts Anti-Harassment Ordinance

Editorial News Alert

Burbank Adopts Anti-Harassment Ordinance

By Janet M. Gagnon

Chief Corporate Affairs Officer and SVP, Government Affairs

On Tuesday March 11^th, the Burbank City Council adopted a new anti-harassment ordinance that only protects renters on a vote of 3-to-1 with Council Member Zizette Mullins voting against the ordinance and Council Member Chris Rizzotti abstaining. This ordinance applies to ALL rental housing providers, including single-family residences, condominiums, accessory dwelling units, and multifamily properties. The ordinance will become effective on April 11, 2025.

AAGLA strongly opposed the ordinance on the grounds that it is grossly one-sided by only protected renters from wrongful harassment. As we know, rental housing providers and their agents also face wrongful harassment from hostile renters and tenant activists. Unfortunately, there was a huge lack of rental housing providers at the meeting to speak against the ordinance with only two showing up. As a result, our request for equal protection fell on deaf ears as Democratic Socialist of America (DSA) supported Mayor Nikki Perez and Council Member Konstantine Anthony voted in favor of the ordinance. Vice Mayor Tamala Takahashi joined as the third vote resulting in the ordinance being adopted despite its egregious inequity.

Further, the ordinance contains many vague and conflicting provisions. The ordinance contains a “catch all” clause merely stating that “other acts or omissions” would be deemed harassment (see Section 5-4-105(B)(19). It also defines harassment as refusing to acknowledge a rent check or delayed deposit of a rent check (over 30 days). This fails to recognize existing law that properly allows owners to refuse any check that is not for the full amount of rent owed and will likely result in unnecessary legal disputes.

AAGLA did win a concession in the ordinance regarding relocation fees for owner move-ins as a form of No-Fault eviction. Rental housing providers that need to move into their properties will now be required to pay 1 months’ worth of rent as relocation fees to existing renters rather than 3 months’ worth of rent as previously required. While AAGLA had advocated for a more significant exemption for mom-and-pop owners, it will help some rental housing providers in times of financial distress.

Unfortunately, based on the inherent problems with the existing language, this ordinance will provide ample opportunity for improper exploitation by unscrupulous attorneys representing disgruntled renters as a tool for “shaking down” mom-and-pop rental housing providers with frivolous claims of harassment. If you are a victim of such a scam, please report your experience to the full City Council with a copy to AAGLA at advocacy@aagla.org.

This article is for informational purposes only. If you have any questions regarding your property or specific leasing issues and the requirements of any legal changes described herein, please consult with an attorney.

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