It is unlawful for a landlord to bring an action to recover the possession of an apartment unit except upon a ground specified in this section.
A. Failure To Pay Rent: A landlord may bring an action to recover the possession of an apartment unit if the tenant has failed to pay the rent to which the landlord is entitled or any surcharge which has been lawfully imposed.
B. Violations Of Obligations: A landlord may bring an action to recover the possession of an apartment unit if the tenant has violated an obligation or covenant of the tenancy, including, but not limited to, any obligation in a written apartment rental agreement, other than the obligation to render possession upon proper notice, and has failed to cure such violation after having received written notice thereof from the landlord.
C. Maintenance Of Nuisances: A landlord may bring an action to recover the possession of an apartment unit if the tenant is committing or permitting to exist a nuisance in, or is causing damage to, the apartment unit or to the appurtenances thereof, or to the common areas of the complex containing the apartment unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or any adjacent building.
D. Illegal Uses:
1. A landlord may bring any action to recover the possession of an apartment unit if the tenant is using or permitting an apartment unit to be used for an illegal purpose.
2. For the purposes of this section, "illegal purpose" shall mean and include, but not be limited to, the occupancy of the apartment unit by a number of persons in excess of the following numbers:
Bachelor/single | 3 persons |
1 bedroom of 1,200 square feet or less | 4 persons |
1 bedroom in excess of 1,200 square feet | 5 persons |
2 bedrooms of 1,500 square feet or less | 5 persons |
2 bedrooms in excess of 1,500 square feet | 6 persons |
3 bedrooms of 2,100 square feet or less | 7 persons |
3 or more bedrooms in excess of 2,100 square feet | 8 persons |
E. Refusal To Execute Leases: A landlord may bring an action to recover the possession of an apartment unit following the expiration of a written apartment rental agreement, or any written renewal or extension thereof, if a tenant who had such an agreement has refused to execute a written renewal or extension thereof provided all of the following conditions are met:
1. The landlord made a written request or demand for such renewal or extension at least thirty (30) days prior to the date such agreement expired;
2. The proposed renewal or extension was for a term of the same duration as the agreement which expired; and
3. The proposed renewal or extension contained the same terms and conditions as the agreement which expired provided the rent level in such proposed renewal or extension has been determined in accordance with the requirements of section 4-6-3 of this chapter.
F. Refusal To Provide Access: A landlord may bring an action to recover the possession of an apartment unit if the tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by an apartment rental agreement or by law, or for the purpose of showing the apartment unit to any prospective purchaser or mortgagee.
G. Unapproved Subtenants: A landlord may bring an action to recover the possession of an apartment unit if the person in possession of the apartment unit at the end of the term of any apartment rental agreement is a subtenant who was not approved by the landlord. This section shall not be deemed to invalidate any provision in any written apartment rental agreement pertaining to the assignment or subleasing of an apartment unit.
H. Use By Landlords:
1. A landlord may recover the possession of an apartment unit if the landlord seeks in good faith to recover such possession for use and occupancy by the landlord or the landlord's spouse, children, or parents provided all of the following conditions are met:
a. The landlord has provided not less than ninety (90) days' written notice of tenancy termination to the tenant, which notice specifies the name and then current address of the proposed occupant, and has filed a copy of such notice with the City's rent stabilization program prior to serving such notice upon the tenant;
b. The tenant is paid a relocation fee in accordance with the provisions of section 4-6-9 of this chapter; and
c. At no time during the ninety (90) day notice period is there a vacant apartment unit in the building comparable to the one sought by the landlord; and
d. The unit to be recovered by the landlord is occupied by the most recent tenant(s) to occupy a unit comparable to the type of unit sought by the landlord or relative described in this subsection H1. Notwithstanding the foregoing, no senior citizen or handicapped tenant shall be evicted unless there is no other unit on the parcel of land comparable to the type of unit sought by the landlord or relative. If there are one or more comparable units in such case, the landlord shall recover the comparable unit occupied by the most recent tenant who is not a senior citizen or handicapped person. For the purposes of this section, "senior citizen" shall mean a person sixty five (65) years of age or older. Whether a unit is comparable to the type of unit sought by the landlord or relative shall be determined by the City.
2. A landlord may recover the possession of only one apartment unit located on the same parcel of land for the purposes set forth in this section, regardless of the number of buildings on such parcel.
3. If the landlord or the landlord's relative, as defined in subsection H1 of this section, occupies an apartment unit obtained pursuant to the provisions of this section for at least one year, such apartment unit shall be deemed to be exempt from the provisions of this chapter; provided, however, if such apartment unit is subsequently re-rented to a person who is not the landlord or such relative of the landlord, such apartment unit shall again be subject to the provisions of this chapter.
4. For the purposes of this section only, "landlord" shall mean only such natural persons as have the largest ownership interest in the building or in the entity owning the building.
5. There shall be a rebuttable presumption that the landlord has not acted in good faith if the owner or relative for whom the tenant was evicted does not move into the apartment unit within thirty (30) days and occupy said unit for a minimum of twelve (12) continuous months thereafter. In situations when the apartment unit is being remodeled pursuant to a building permit issued by the City, the thirty (30) day period shall commence when the final inspection of the remodeling work is performed and approved by the City's Department of Building and Safety.
I. Change Of Building Managers: A landlord may bring an action to recover the possession of an apartment unit if the landlord seeks in good faith to recover the possession of an apartment unit then occupied by an apartment building manager whose employment as such has been, or is to be, terminated, and such possession is needed for the sole purpose of occupancy by a new manager.
J. Demolition Or Condominium Conversions: A landlord may bring an action to recover possession of an apartment unit if the landlord seeks in good faith to recover possession so as to demolish or move the building or to convert apartment units into condominiums, stock cooperatives, or community apartments provided there is compliance with all of the following conditions:
1. The landlord has given the tenant not less than ninety (90) days' written notice, which has been approved by the City's rent stabilization program, that such tenancy shall terminate on a date after October 18, 2018. The notice shall state the specific reason for giving such notice and shall be deemed to include a representation and agreement by the landlord that the recovery of possession of the apartment unit is solely for a reason within the scope of this section and for no other reason. If payment of the relocation fees required by section 4-6-9 of this chapter does not accompany such notice, such notice shall also specify the amount of the relocation fees so required and that the tenant may collect such fees at the time the tenant vacates the unit. Such notice shall not be required if:
a. The demolition of the building has been mandated by law to be performed at an earlier date; or
b. Such notice has been given to a tenant who has vacated the apartment unit, the apartment unit has been re-rented to a new tenant, and the new tenant has been advised by the landlord in writing that the notice of termination of tenancy had been given to the prior tenant. This exemption shall apply only if a copy of the written notice provided to such new tenant is filed with the City's rent stabilization program within one week after such new tenant begins the occupancy of the apartment unit; or
c. A prior written notice which specified less than one year's notice has been given, and the tenant has been notified in writing, within thirty (30) days after October 18, 2018, that prior written notice shall be considered an effective one year notice under this section.
2. The notice required by subsection J1 of this section shall not be given or served until such time as the landlord has:
a. Filed all necessary applications for the proposed project or development including, but not limited to, application for a demolition permit, moving permit or tentative map and paid all of the fees required by the City in connection with such applications;
b. Notified the City's rent stabilization program that an application to convert apartment units to condominiums or to move or demolish the building has been filed with any other department of the City so that notice of such filing may be given to the tenants at the property; and
c. That all permits or approvals necessary to commence demolition, removal or conversion have been issued.
3. No notice of tenancy termination given pursuant to this section after October 18, 2018, shall be effective unless all the applicable provisions of this chapter have been complied with, and a copy of such notice has been placed on file with the City's rent stabilization program prior to such notice being served on the tenant. A minimum fee of one hundred dollars ($100.00) for each building for which notices of tenancy termination are to be filed with the City's rent stabilization program shall be paid to the City for processing the notices prior to the filing of a notice with the rent stabilization program. Where there are more than ten (10) apartment units in a building which are subject to this provision of this chapter, and for which notices of tenancy termination have been given, an additional fee of ten dollars ($10.00) shall be paid to the City for each unit in excess of ten (10) units for which a notice of tenancy termination is given.
4. A relocation fee shall have been paid or deposited into escrow in accordance with the provisions of section 4-6-9 of this chapter. If an apartment unit vacated pursuant to this section has been re-rented, the new tenant shall not be entitled to any relocation fee or other relocation benefit if he or she received the notices required by subsections J1b and J5 of this section.
5. Any apartment unit vacated pursuant to this section, if re- rented, shall remain subject to the provisions of this chapter, and it shall be the responsibility of the landlord to notify any new tenant in writing of the controlled rents and the duration of the notice of termination. A copy of such notice shall be filed with the rent stabilization program within one week after the new tenant begins occupancy of the apartment unit.
6. No writ or judgment restoring possession to the landlord shall be issued or entered unless and until the complaint for such writ or judgment filed by the landlord contains the landlord's declaration under penalty of perjury of the giving of notice to the tenant as required by this section, the expiration of any required notice period, the payment or deposit into escrow of the relocation fee specified in section 4-6-9 of this chapter, and that demolition or moving or the work of conversion into condominiums will commence within sixty (60) days after the filing of such complaint.
7. The provisions of this section shall not apply to a building manager who is entitled to the occupancy of an apartment unit solely because of his or her position as building manager.
K. Reserved.
L. Withdrawal Of Residential Rental Structure From The Rental Market: A landlord may bring an action to recover possession of an apartment unit if the landlord intends to withdraw all apartment units in a building or structure on a parcel of land from the rental market, subject to the following conditions and requirements:
1. This section shall only apply to and shall only be exercised for the concurrent withdrawal of all apartment units in all buildings or structures on a parcel of land from the rental market, except where there is more than one building on a parcel and all buildings contain four (4) or more apartment units, in which case the landlord may withdraw all of the units in one or more of the buildings.
2. Not less than one hundred twenty (120) days from the date the landlord intends to withdraw the apartment units in a building or structure from the rental market, the landlord shall:
a. Provide written notice under penalty of perjury to the City's rent stabilization program of such intent, which notice shall contain the following information: address and legal description of the subject property, number of rental units being removed, the names of all tenants residing in the units being removed, the year the tenant(s) moved into the unit, the base rent for the unit and the current lawful rent applicable to each such unit.
b. Record with the Los Angeles County Registrar-Recorder a written notice prepared by and containing such information as is prescribed by the City summarizing the landlord's notice of intent and certifying that evictions have been commenced or will commence in accordance with applicable law.
c. Provide to the City's rent stabilization program copies of the notice recorded with the County and the notice(s) which were provided to the affected tenants.
d. If the tenant or lessee is at least sixty two (62) years of age or is disabled, and has lived in his or her apartment unit for at least one year prior to the date of delivery to the City of the notice required by subsection L2a of this section, then the date of withdrawal of that apartment unit shall be extended to one year from the date of delivery of the notice to the City, provided that the tenant or lessee has given the landlord written notice of his or her entitlement to the extension within sixty (60) days of delivery to the public entity of the notice of intent to withdraw the apartment unit from the rental market. In this situation, the following provisions shall apply:
(1) The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the City of the notice of intent to withdraw, subject to any adjustments otherwise available under this title;
(2) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement;
(3) The landlord may elect to extend the date of withdrawal on any other accommodation within the same building up to one year after the date of delivery to the City of the notice of intent to withdraw, subject to subsections L2d(1) and L2d(2) of this section;
(4) Within thirty (30) days of the notification by the tenant or lessee to the landlord of his or her entitlement to an extension, the landlord shall give written notice to the City's rent stabilization program of the claim that the tenant or lessee is entitled to stay in his or her apartment unit for one year after the date of delivery to the City of the notice of intent to withdraw;
(5) Within ninety (90) days of the date of delivery to the City of the notice of intent to withdraw, the landlord shall give written notice to the City's rent stabilization program and the affected tenant(s) or lessee(s) of the landlord's election to extend the date of withdrawal and the new date of withdrawal under subsection L2d(3) of this section.
3. The landlord shall provide written notice of termination of tenancy to all affected tenants at least thirty (30) days prior to the service of and recordation of the notices in subsection L2 of this section which has been approved by the City's rent stabilization program and filed therewith and which notice shall contain the following information:
a. That the landlord is evicting the tenant pursuant to this section and will provide the City with written notice required in subsection L2 of this section;
b. A summary of the specific information to be provided to the City in that notice regarding the tenant's unit;
c. That within thirty (30) days of receipt of notice to terminate, the tenant may notify the landlord in writing that the tenant would be interested in re-renting the unit if it is reoffered for rent at a future time and advising the tenant to notify the landlord and rent stabilization program of all future address changes;
d. A description of the tenant's rights as set forth in subsections L5, L6 and L7 of this section;
f. That if the tenant or lessee is at least sixty two (62) years of age or is disabled, and has lived in his or her apartment unit for at least one year prior to the date of delivery to the City of the notice required by subsection L2a of this section, then the tenancy shall be extended to one year after the delivery of the notice to the City, provided that the tenant gives written notice of his or her entitlement to the extension to the landlord within sixty (60) days of the date of delivery to the City of the notice of intent to withdraw. The notice shall further state that if these circumstances exist, the extended tenancy shall be continued on the same terms and conditions that existed on the date of delivery of the notice of withdrawal to the City, subject to any rent increases that are allowed by this chapter, and that no party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy.
4. At the time when the tenant(s) vacate the unit, the landlord shall pay a relocation fee in accordance with the provisions of section 4-6-9 of this chapter.
5. In the event the withdrawn units are reoffered for rent by the landlord within two (2) years from the effective date of withdrawal, the landlord shall:
a. Provide written notice of such action to the City's rent stabilization program not less than thirty (30) days prior to re- renting the units;
b. Offer the units at the same rent level as of the date of withdrawal plus any annual rent increases permitted by this chapter that would have applied had the units not been withdrawn;
c. Provide those tenants who provided a notice of interest in re- renting pursuant to subsection L3c of this section the right of first refusal to re-rent the unit by certified or registered mail, postage prepaid, to the last address provided by the tenant, in which case the tenant shall have no less than thirty (30) days within which to accept the offer, by personal service or certified or registered mail. Copies of these notices and the mail receipts shall be filed with the City's rent stabilization program within one week of mailing;
d. Be liable in a civil action if commenced within three (3) years of displacement to any tenant evicted due to withdrawal of a unit pursuant to this section for actual damages which were the proximate result of the displacement, in accordance with the principles enunciated in sections 7262 and 7264 of the California Government Code, and punitive damages;
e. Be liable in a civil action if commenced within three (3) years of displacement to the City for exemplary damages for displacement of tenants or lessees.
6. In the event the withdrawn units are reoffered for rent by the landlord within five (5) years after any notice of intent to withdraw the apartment unit is filed with the City, or within five (5) years after the effective date of the withdrawal of the apartment unit, whichever is later, the landlord shall provide not less than thirty (30) days' prior written notice of such action to the City's rent stabilization program prior to re- renting the units and shall offer the units at the same rent level as of the date of withdrawal, plus annual rent increases permitted by this chapter that would have applied had the units not been withdrawn.
7. Moreover, if the units are reoffered for rent within ten (10) years from the effective date of removal, the landlord shall provide those tenants who provided notice of interest in re- renting pursuant to subsection L3c of this section the right of first refusal to re-rent the unit, by certified or registered mail, postage prepaid, to the last address provided by the tenant, in which case the tenant shall have no less than thirty (30) days within which to accept the offer by personal service or certified or registered mail. Copies of these notices and the mail receipts shall be filed with the City's rent stabilization program within one week of mailing. Failure of the landlord to provide the tenant with this right of first refusal shall render the landlord liable in a civil action to the tenant in punitive damages in an amount not to exceed six (6) months' rent.
8. This section shall in no respect relieve a landlord from complying with the requirements of any applicable State law or of any lease or rental agreement.
9. The remedies provided for in this section shall not be exclusive and shall not preclude a tenant from pursuing any alternative remedy available under law. Failure by any landlord to comply with the requirements of this section shall constitute a defense in any unlawful detainer action brought to evict a tenant under this section.
10. For the purpose of this section, the term "landlord" shall be interpreted to include any and all successors in interest of any landlord, and the term "disabled" shall mean a person with a disability, as defined in section 12955.3 of the California Government Code.
11. The notice to the City provided for in this section shall be accompanied by a processing fee in an amount determined by resolution of the City Council.
12. This section is intended to implement the requirements of sections 7060 through 7060.7 of the California Government Code, and shall be interpreted so as to provide the City with the broadest range of authority permitted under these provisions and to intrude the least into the City's authority in all other applications of its power.
13. This section shall apply to any apartment units that are being removed from the rental market, if the notice of termination of tenancy required by State law or by a lease agreement has not been given at the time of adoption hereof or if such notice has been given, the notice period has not expired at the time of adoption hereof.
M. Disruptive Tenant:
1. A landlord may bring an action to recover possession of an apartment unit if: a) the tenant repeatedly or continually disturbs the peaceful and quiet enjoyment of one or more tenants who occupy other rental units in the apartment building where the tenant resides or b) antagonizes, intimidates or bullies one or more tenants who reside at that apartment building ("disruptive tenant") and the disruptive tenant does not cease the behavior when requested to do so by the other tenant(s) or by the property owner or manager of the premises.
2. The landlord or the landlord's representative may, at the sole option of the landlord, file an application with the City and request that a subcommittee of the City Council make a determination that a tenant is a disruptive tenant, as defined in subsection M1 of this section. If the subcommittee determines that the tenant is a disruptive tenant, then the landlord or the landlord's representative may serve the tenant with a written notice to terminate the tenancy in accordance with State law.
a. The subcommittee of the City Council shall be composed of two (2) members of the City Council. Council members shall be appointed by the Mayor and serve on the subcommittee for a two (2) month term. At the end of the term the Mayor may reappoint one or both Council members or may appoint new Council members to the subcommittee.
b. If a landlord or the landlord's representative files an application with the City's rent stabilization program for the subcommittee to make a determination whether a tenant is a disruptive tenant whose tenancy can be terminated with notice, the landlord first shall have given the disruptive tenant at least one written notice describing the disruptive conduct and requiring the tenant to discontinue the conduct. The landlord either shall deliver the notice to the tenant personally, send it by certified mail, or shall post it on the door of the tenant's unit. Prior to filing the application with the City's rent stabilization program, the landlord also shall have served the tenant with a copy of the application either by personally delivering the application to the tenant or by posting the application on the door of the tenant's unit. Proof of service of the application on the tenant shall be filed with the City concurrently with the application. The application shall be submitted either on a form supplied by the City or shall substantially comply with the requirements of the City's form.
c. The application shall set forth the name, address and unit number of the tenant and shall describe specifically the tenant's conduct that the landlord contends is disruptive, the dates when the conduct described in the application occurred, and the dates when the landlord requested that the tenant cease the disruptive conduct, including the written notice described in subsection M2b of this section. The application also may include the names of any individuals who observed the tenant's conduct and may include written statements by the witnesses describing the conduct.
d. The City shall schedule a hearing (but need not hold the hearing) within ten (10) days of the filing of a complete application with the City. If one or both members of the subcommittee is/are not available to attend a hearing on an application filed pursuant to this section, the City rent stabilization program shall contact other members of the City Council to determine if another Council member is available to attend the hearing. The City rent stabilization program shall send written notice of the hearing to the landlord and the affected tenant by certified mail at least fifteen (15) days prior to the date of the hearing.
e. The subcommittee shall control the conduct of the hearing and rule on procedural requests. The hearing shall be conducted in the manner deemed by the subcommittee to be most suitable to secure the information and documentation that is necessary to render an informed decision, and to result in a fair decision without unnecessary delay.
(1) At the hearing, the parties may offer any documents, testimony, written declarations, or other evidence that is relevant to the application. Formal rules of evidence shall not be applicable to such proceedings.
(2) There shall be no oral communication outside the hearing between the members of the subcommittee and any party or witness, or the substance of such communication shall be disclosed at the beginning of the hearing. All discussion during the hearing shall be recorded.
(3) The hearing shall ordinarily proceed in the following manner, unless the subcommittee determines that some other order of proceedings would better facilitate the hearing:
(A) A brief presentation by or on behalf of landlord, including testimony by any other affected parties and witnesses in support of the application.
(B) A brief presentation by or on behalf of the tenant, including testimony by any other affected parties and witnesses in opposition to the application.
(C) A brief rebuttal by the landlord.
(4) The subcommittee shall establish equitable time limits for presentations at a hearing, with a minimum length of ten (10) minutes each for the landlord and the tenant, subject to adjustments for translation and reasonable accommodation.
(5) City staff shall maintain an official hearing record, which shall constitute the exclusive record of the decision.
(6) All parties to a hearing shall have the right to seek assistance in developing their positions, preparing their statements, and presenting evidence from an attorney, tenant organization representative, landlord association representative, translator, or any other person. If the representative will be speaking on behalf of the party at the hearing, the party shall so advise the subcommittee.
(7) To prevail on the application, the landlord must carry the burden of demonstrating that the tenant has been a disruptive tenant, as defined in subsection M1 of this section.
(8) Two (2) votes are required to approve an application. The vote shall be taken after the conclusion of the presentations by the landlord and the tenant and any deliberations by the members of the subcommittee. If two (2) votes are not cast in favor of approving the application, the application is deemed to be denied.
(9) Within five (5) business days after the hearing record is closed, the subcommittee shall reconvene and issue a written determination setting forth its decision approving or denying the application, with written findings in support thereof.
f. A written notice of the decision shall be mailed by the City to the applicant and the affected tenant within two (2) days of the issuance of the decision by the subcommittee. Such notice shall be accompanied by a copy of the hearing decision.
g. If the subcommittee determines that the tenant is a disruptive tenant, the landlord may serve the tenant with written notice provided in accordance with State law to terminate the tenancy. The landlord is not required to pay relocation fees to the tenant. When the disruptive tenant vacates the unit in response to the notice, the landlord may not increase the rent that will be charged for the unit above the amount that was being charged to the disruptive tenant, other than any adjustments otherwise available under this chapter.
h. Any final decision of the subcommittee is subject to judicial review pursuant to California Code of Civil Procedure section 1094.5 and must be filed in accordance with the time periods specified therein. (Ord. 18-O-2766, eff. 12-21-2018; amd. Ord. 23-O-2871, eff. 2-24-2023)