(Added by Ord. No. 153,568, Eff. 5/5/80.)
A. Statement of Purposes. The provisions of this section are intended to provide relocation assistance to tenants of mobilehome parks facing eviction due to the owner’s intent to convert the mobilehome park to another use.
B. Definitions. (Amended by Ord. No. 162,743, Eff. 9/24/87.) For the purposes of this section, the definitions in Section 12.03 of this Code, in Article 1 of the California Mobilehome Residency Law (California Civil Code, Section 798, et seq.), and the following definitions shall apply:
Notice to Quit: In the case of a tenant, the Notice required by Section 798.55(b) of the California Civil Code. In the case of non-tenant resident, the notice required by an applicable provision of law.
Qualified Resident: Any resident, as that term is used in California Civil Code Section 798.11, who satisfies any of the following criteria on the date said resident receives a Notice to Quit as defined above: has attained age 62; is handicapped as defined in Section 50072 of the California Health and Safety Code; is disabled as defined in Title 42 United States Code 423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children.
Relocation Assistance Service Provider: A company that specializes in relocation assistance and has a contract with the City for the delivery of those services. (Added by Ord. No. 180,071, Eff. 8/30/08.)
Rental Unit: All dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code; all housing accommodations as defined in Government Code Section 12927; duplexes and condominiums in the City of Los Angeles, rented or offered for rent for living or dwelling purposes; the land and buildings appurtenant to these; and all housing services, privileges, furnishings and facilities supplied in connection with their use or occupancy, including garage and parking facilities. This term shall also include mobilehomes, whether rent is paid for the mobilehome and the land upon which the mobilehome is located, or rent is paid for the land alone. Further it shall include recreational vehicles, as defined in California Civil Code Section 799.24 if located in a mobilehome park or recreational vehicle park, whether rent is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone. (Added by Ord. No. 180,071, Eff. 8/30/08.)
Tenant: A homeowner, as defined in California Civil Code Section 798.9.
Qualified Tenant: Any tenant who satisfies any of the following criteria on the date said tenant receives a Notice to Quit as defined above: has attained age 62; is handicapped as defined in Section 50072 of the California Health and Safely Code; is disabled as defined in Title 42 United States Code 423; or is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children.
C. Relocation Assistance Required. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
1. The management of a mobilehome park shall provide relocation assistance in connection with the change of use, as defined in Civil Code Section 798.10, of the mobilehome park, or any portion of the park.
2. Exception. This section shall not apply where: (1) the change of use results from the City's refusal to extend a conditional use permit, or similar permit, upon good faith request of the management for the extension; (2) the California Department of Housing suspends or revokes a permit pursuant to Health and Safety Code Section 18510; or (3) the tenant or resident, as the case may be, received actual written notice from management, prior to entering into an oral or written agreement to become a resident or tenant, that an application to convert the mobilehome park to another use was on file with the City or had already been approved, whichever the case may be.
3. Management shall pay the City a fee for the purpose of providing relocation assistance by the City's Relocation Assistance Service Provider to each tenant in accordance with Subsection D. of this section. The fee shall be $640 for each unit occupied by a qualified tenant and $400 for each unit occupied by other tenants, and an additional $55 per unit administrative fee to pay for the administrative costs associated with this service. The fees, set forth above, may be increased in an amount based on the Consumer Price Index - All Urban Consumers averaged for the first 12-month period ending September 30, of each year, as determined and published by the Los Angeles Housing Department on or before May 30, of each year, pursuant to Section 151.07 A.6. of this Code. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
D. Manner of Providing Relocation Assistance. Relocation assistance, where required by the preceding subsection, shall be provided in accordance with the following provisions.
1. Management's Responsibility. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
a. Management shall pay a fee to the City so that a Relocation Assistance Service Provider will:
(1) Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units, which are comparable as to size and amenities to the unit occupied by the tenant, and
(2) Make a reasonable and good faith effort to assure that tenants without cars are driven, at no cost, and tenants with cars are assisted, in order to inspect replacement rental units, and
(3) Hire an ambulance or similar vehicle, at no cost to the tenant, and otherwise take reasonable steps to assist any disabled or handicapped tenant with relocation-related activities.
b. In order to assist the tenants in meeting costs of relocation, higher rents for replacement housing, and any related expenses, pay a relocation fee in the following amounts. If more than one fee applies to a rental unit, pay the highest of the applicable fees:
(1) $15,300 to qualified tenants and a $7,000 fee to all other tenants who have lived in their rental unit for fewer than three years; or
(2) $17,600 to qualified tenants and a $9,300 fee to all other tenants who have lived in their rental unit for three years or longer; or
(3) $17,600 to qualified tenants and $9,300 to all other tenants whose household income is 80 percent or below Area Median Income (AMI), as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of tenancy. Tenants who claim eligibility pursuant to this subparagraph shall file a statement with the Los Angeles Housing Department verifying their income on a form prescribed by the Los Angeles Housing Department. The Los Angeles Housing Department shall charge a fee of $186 per rental unit to resolve any disputes regarding tenant income eligibility. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
For the year beginning July 1, 2009, and all subsequent years, the fee amounts shall be adjusted on an annual basis pursuant to the formula set forth in Section 151.06 D. of this Code. The adjusted amount shall be rounded to the nearest $50 increment.
c. The relocation fee provided for in Paragraph b. above, shall be made as follows:
(1) The entire fee shall be paid to a tenant who is the only tenant in a rental unit; and
(2) If a rental unit is occupied by two or more tenants, then each tenant of the unit shall be paid an equal, pro-rata share of the fee.
In no event shall the landlord be liable to pay more than the maximum relocation amounts set forth above to all tenants residing in a rental unit. If a tenant is entitled to monetary relocation benefits pursuant to City administrative agency action or any provision of local, state or federal law, then those benefits shall operate as a credit against any fee required to be paid to the tenant under this section.
2. When Assistance Shall Be Provided. (Amended by Ord. No. 180,071, Eff. 8/30/08.)
a. Payment for Relocation Assistance Service Provider. Management shall perform the acts described in Paragraph a. of Subdivision 1. above on or before the service of the Notice to Quit.
b. Monetary Assistance. Management shall perform the acts described in Paragraph b. of Subdivision 1. above within 15 days of service of the Notice to Quit.
E. Affirmative Defense. In an action by management to recover possession of a space occupied by a mobilehome or to recover possession of a mobilehome, as the case may be, the defendant may raise as an affirmative defense the failure of management to provide relocation assistance as required by this section.
F. (Repealed by Ord. No. 180,071, Eff. 8/30/08.)
G. Notification to City. (Added by Ord. No. 154,073, Eff. 7/28/80.)
1. The management shall serve, by personal service or by United States Mail, written notice on the Superintendent of Building of the proposed termination of mobilehome park use, accompanied by such information and in a form designated for such purpose by the Superintendent. Upon publication of this subsection in the newspaper, the Superintendent shall forthwith notify the management of all mobilehome parks within the City limits of the requirements of this subsection.
a. Where the Notice to Quit is served on or after the effective date of this subsection, the notice to the Superintendent shall be served on or before the 30th day prior to the expiration of one period stated in the Notice to Quit. (Amended by Ord. No. 157,153*, Eff. 10/15/82.)
b. Where the Notice to Quit is served prior to the effective date of this subsection, the notice to the Superintendent shall be served on or before the 10th day prior to the expiration of the period stated in the Notice to Quit.
2. The notice referred to in Subdivision 1 above shall be accompanied by a statement that the management has provided all relocation assistance required by law, accompanied with proof of such assistance in the form of notarized signed acknowledgments from the recipients thereof or a notarized sign waiver of assistance. (Amended by Ord. No. 157,153*, Eff. 10/15/82.)
3. If management fails to substantially comply with this Subsection G, as determined by the Superintendent of Building, the Superintendent shall forthwith notify the Director of Planning and all other appropriate City departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including but not limited to a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use. (Amended by Ord. No. 157,153, Eff. 10/15/82.)
4. This Subsection G shall apply only to those mobilehome parks at which resides a tenant or a resident who is subject to a Notice to Quit which specifies a period which terminates on or after July 1, 1980. The requirement of notarized signed acknowledgments set forth in Subdivision 2 above shall not apply as to any recipient of relocation assistance who vacated the mobilehome park prior to July 27, 1980. (Amended by Ord. No. 162,743, Eff. 9/24/87.)
* The amendments to Section 47.08 of this Code set forth in this ordinance shall apply to any action to recover possession of a rental unit which has not become final as of the effective date of this ordinance.