A. Temporary untenantable conditions resulting from the activities described in § 15.09.330.C, below, are not a valid basis for no fault termination under § 15.09.320.
B. Landlords must mitigate untenantable conditions resulting from the activities described in § 15.09.330..C, below, either through actions to ensure that tenants can safely remain in their rental unit during the work or through the temporary relocation of tenants to comparable alternative housing accommodations. These two mitigation measures should not be regarded as mutually exclusive but rather as complementary approaches that might be appropriate to different stages of the construction. Untenantable conditions include the conditions described in Cal. Civil Code § 1941.1 and any other condition that makes the rental unit incapable of being safely occupied.
C. The activities described below will be subject to the mitigation requirements of this § 15.09.330.:
1. Substantial rehabilitation consisting of the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
2. Work performed in order to comply with housing, health, building, or safety laws of the State or this code, including but not limited to work performed to correct existing untenantable conditions.
3. Tenant is required to temporarily vacate a rental unit upon the order of any government officer or agency.
4. Fumigation occurs that cannot be completed when a rental unit is occupied.
D. In order to mitigate temporary untenantable conditions, in accordance with § 15.09.330..B, a landlord must:
1. Provide mitigation measures that will meet the standards set forth in applicable housing, health, building and safety laws, unless temporary relocation benefits are provided;
2. Provide for protection of tenant's personal property during construction;
3. Provide for reasonable alternative parking for a tenant otherwise entitled to parking;
4. Provide for protection of tenants to exposure at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos;
5. Take reasonable steps to prevent the disruption of major systems during construction;
6. Provide for the safe storage of construction equipment and materials;
7. Provide for the safe ingress and egress of tenant and tenant's guests;
8. Conform to permitted construction hours under this code or project permits;
9. Post a notification to tenants 30 days prior to commencement of construction or, as soon as practicable in the event of an emergency and in no event less than 24 hours prior, in an easily observable location at or near tenant entrances, which notice shall state the expected duration of the construction work and briefly describe the nature of the work, and shall remain posted throughout the course of construction.
E. Temporary relocation.
1. If the activities described in § 15.09.330.C will make the rental unit an untenantable dwelling, as defined in Cal. Civil Code § 1941.1, or will expose the tenant at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos, the landlord shall provide tenant with the following temporary relocation benefits during the temporary displacement period:
(a) Relocation to a motel or hotel accommodation which is safe, sanitary, comparable to the tenant's sleeping arrangement, located in Culver City, or if suitable accommodation is not available within Culver City, then within two miles of the tenant's rental unit, and contains standard amenities such as a telephone and television;
(b) Reasonable compensation for meals, if the temporary accommodation lacks cooking facilities;
(c) Reasonable compensation for laundry, if tenant's rental unit included laundry facilities inside the rental unit and the temporary accommodation does not include laundry facilities inside the unit;
(d) Reasonable accommodation for pets that were permitted in tenant's rental unit under the terms of the rental agreement or by law if the temporary accommodation does not accept pets;
(e) Any costs related to relocating the tenant to temporary housing accommodations, regardless of whether those costs exceed rent paid by the tenant for tenant's rental unit; and
(f) Any costs related to returning tenant to his/her rental unit, if applicable.
2. Unless otherwise agreed upon by landlord and tenant, the landlord shall make payment directly to the motel or hotel as required under § 15.09.330.E.1.a. The landlord shall pay for lodging in the motel or hotel, even if the cost of such lodging is more expensive than the tenant's existing rent calculated on a daily basis. All other compensation under § 15.09.330.E.1 shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.
3. The landlord shall have the option, in lieu of providing tenant relocation in accordance with § 15.09.3300.E.1.a, of providing the tenant with comparable housing at any time during the period of the displacement, subject to the following:
(a) Such housing shall be comparable to the tenant's rental unit in location, size, number of bedrooms, furnishings, appliances, accessibility, type and quality of construction, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets permitted under the rental agreement or by law.
(b) If the landlord provides comparable housing at any time during the period of displacement, the tenant shall be entitled to remain at that same comparable housing unit throughout the period of displacement.
(c) The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant's existing rental unit.
(d) If the temporary housing is unfurnished, the landlord shall provide essential furnishings and household items or pay reasonable moving costs for the tenant to move essential furniture and household items to and from the rental unit and the temporary housing.
(e) The landlord and tenant may agree that the tenant will occupy a non-comparable replacement unit provided that the tenant is compensated for any reduction in accommodations, amenities, and services.
4. A landlord and tenant may mutually agree to allow the landlord to pay the tenant a per diem amount for each day of temporary relocation in lieu of providing temporary replacement housing. The agreement shall be in writing and signed by the landlord and tenant and shall contain the tenant's acknowledgment that he/she received notice of his/her relocation rights under this § 15.09.330.E and that the tenant understands his/her rights.
5. The temporary housing required by this § 15.09.330.E shall be available to tenant within 24-hours of service or posting of any order or notice to vacate. In the event the tenant is not required to immediately vacate, temporary housing shall be available to tenant as of the date the tenant actually vacates.
6. The displacement and relocation of a tenant pursuant to this § 15.09.330.E shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental unit to comply with housing, health, building or safety laws or any governmental order and the tenant shall retain all rights of tenancy that existed prior to the displacement.
7. The tenant shall remain responsible to pay rent to the landlord that is due for the tenant's existing rental unit during the period of displacement.
8. The landlord and the tenant may mutually agree upon a housing type or benefits other than the temporary housing or benefits required by this § 15.09.330. A copy of the written agreement signed by both landlord and tenant must be filed with the housing division within five business days after the agreement has been fully executed.
9. The landlord shall provide written notice, before the tenant is temporarily displaced advising the tenant of the right to reoccupy the rental unit under the existing terms of tenancy once the work which necessitated the displacement is completed and the projected completion date of such work. Unless the landlord provides the temporary replacement housing, the tenant shall provide the landlord with the address to be used for the notifications required to be provided by the landlord under this § 15.09.330.E. When the date on which the rental unit will be available for reoccupancy is known, or as soon as possible thereafter, the landlord shall provide written notice to the tenant by personal delivery, or registered or certified mail. If it became necessary to temporarily relocate the tenant for over 30 days and the tenant has a separate tenancy agreement with a third party housing provider, the landlord shall give the tenant a minimum of 30 days written notice to reoccupy the rental unit. In all other cases, the landlord shall give the tenant a minimum of seven days written notice to reoccupy, unless the landlord gave the tenant written notice of the date of reoccupancy prior to the start of temporary relocation.
10. A copy of all written notices to tenant required by this § 15.09.330.E shall be filed with the housing division within five business days after providing such notice to tenant.
11. Nothing in this § 15.09.330 shall be construed as authorizing a landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law.
12. The remedies under this § 15.09.330 are cumulative and in addition to any other remedies available under federal, State, or local law.
F. Option to voluntarily terminate tenancy.
1. If the temporary untenantable conditions of a rental unit are projected to persist for 30 days or more, the tenant of that rental unit shall have the option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of § 15.09.335, and the return of any security deposit that cannot be retained by the landlord under applicable law.
2. If the temporary untenantable conditions of a rental unit continue for 30 days longer than the projected completion date of the work, as set forth in the written notice to tenant required by § 15.09.330.E.9, the tenant's option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of § 15.09.335 of this subchapter shall be renewed.
(Ord. No. 2020-015 § 2)