For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED RENTAL UNITS. All residential rental units in the City of Baldwin Park built prior to January 1, 1995, except those units exempt under one or more of the following provisions listed herein:
(1) Residential real property that is alienable separate from the title to another dwelling;
(2) Mobile homes established before 1990 regardless of ownership except mobile homes with long term leases of 12 months or more;
(3) Single structures with two separate dwelling units in which owner occupies one of the units;
(4) Rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than 30 days;
(5) Rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education;
(6) Rental units which a government unit, agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside only if applicable federal or state law or administrative regulation specially exempt such units from municipal rent control. This includes “affordable housing” units and Section 8 housing;
(7) Rental units and dwellings constructed after the adoption of this chapter; this exemption does not apply to units created as a result of conversion; and
(8) Where a unit is actually used for purposes of providing, on a non-profit basis, child care or other residential social services in accordance with applicable laws. This exemption shall expire when the use upon which exemption is based ceases. This exemption shall only apply to units as they become vacant and shall only operate to allow the specified use without the necessity of obtaining a removal permit under this chapter. This exemption shall not be construed to authorize the eviction of any tenant nor to authorize the charging of rent in excess of that permitted in this chapter. The city may adopt regulations to determine whether a unit qualifies for an exemption under this section.
HOUSING SERVICE. Housing services include, but are not limited to repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.
LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.
PROPERTY. All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.
RECOGNIZED TENANT ORGANIZATION. Any group of tenants residing in controlled rental units in the same building or in different buildings operated by the same management company, agent or landlord, who requests to be so designated.
RENT. All periodic payments and all non-monetary consideration including but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental unit and premises including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning.
RENT CEILING. Rent ceiling refers to the limit on the maximum allowable rent which a landlord may charge on any controlled rental unit.
RENTAL HOUSING AGREEMENT. An agreement, oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services.
RENTAL UNITS. Any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for living or dwelling house units, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant.
SINGLE-FAMILY HOME. A property that has been developed with only one one-family dwelling and any lawful accessory dwelling structures. For example, if a lot has a single-family home on it and a lawful accessory unit on the property, the entire property including the accessory dwelling unit would be considered a “single-family home” for purposes of this chapter.
TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit.
(Ord. 1447, passed 10-21-20; Am. Ord. 1466, passed 12-1-21; Am. Ord. 1501, passed 4-5-23)