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A. Registration required. Upon issuance by the housing division of a valid written rent registration certificate, as set forth in this § 15.09.230, no landlord shall demand or accept rent for a rental unit without first serving on the tenant, or displaying in a conspicuous place, such rent registration certificate.
B. Registration process.
1. A landlord shall provide rent amount and tenancy information for every rental unit on a rent registration form provided by the housing division. The rent registration form shall be submitted by July 31, 2021 and July 31 of each year thereafter. Registration is complete only when all of the following information is provided: ownership information; property information; year built and certificate of occupancy date; number of bedrooms and bathrooms for each rental unit; the amount of rent in effect at the time of registration; and a description of housing services.
2. Rental unit rent registration certificates issued after August 12, 2019 shall expire at midnight on August 31, 2021 and if not replaced with a newly issued certificate before that date, the landlord will be deemed out of compliance with this § 15.09.230.
3. Every rental unit rent registration certificate shall be updated annually, as required by § 15.09.230.B.1, upon a new tenancy, and when there are changes in housing services for the covered rental unit.
4. A landlord of a rental unit which is not registered with the housing division shall provide the housing division, on the form approved by the housing division and accompanied by supporting documentation, a written declaration stating the facts upon which the landlord bases a claim of exclusion from the requirements of § 15.09.230. If a landlord fails to submit a written declaration and supporting documents by July 31, 2021 and July 31 of each year thereafter, the rental unit shall be deemed to be subject to the provisions of this § 15.09.230. If a landlord declares that the rental unit is not subject to the registration requirements of this § 15.09.230 because the rental unit is vacant, the landlord shall provide a certification to the housing division declaring that the rental unit is and shall remain vacant, and the rental unit shall be secured against unauthorized entry.
5. For every property for which a landlord is required to procure a rent registration certificate pursuant to this § 15.09.230, the landlord shall post a notice in a form provided by the housing division, providing information about this §§ 15.09.200, et seq. and housing division contact information. Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide tenants a reasonable opportunity to view the notice. If there is no common area or similar location, this requirement may be satisfied by mailing the notice to each tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the housing division.
C. Notice of rent information deficiencies and opportunity to cure; appeals; and final administrative decision.
1. The housing division shall provide written notification to the landlord of a failure to comply with this § 15.09.230 and allow 15 calendar days to respond. The housing division shall not issue a rent registration certificate for the rental unit until the landlord has substantially complied by providing the rental information as required by § 15.09.230.A.
2. Any landlord disputing the housing division's notification of deficient registration may file a written appeal with the Director within ten calendar days of the date of the notice of deficiency. The Director shall provide a written notice within 30 calendar days of its appeal decision, which shall be a final administrative decision.
D. Registration fee.
1. A fee for the registration of rental units may be established by resolution of the City Council. Such fees are intended to recover the city's reasonable costs associated with the administration and enforcement of its residential rent control program and tenant protection program, as set forth in §§ 15.09.200 et seq. and §§ 15.09.300 et seq. of this code.
2. A landlord may pass-through to the tenant 50% of the initial fee for the registration of tenant's rental unit (the "pass-through fee") if such tenant continuously occupied the rental unit during the period of August 12, 2019 through October 31, 2020. The pass-through fee is not considered rent and should appear as a separate line item on the rent statement. A landlord may collect a maximum of one-twelfth of the pass-through fee per month.
(Ord. No. 2020-014 § 2)