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If any provision of this article is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this article which can be implemented without the invalid provisions, and to this end, the provisions of this article are declared to be severable. The City Council hereby declares that it would have adopted this article and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.
(Amended by Ord. No. 187,122, Eff. 8/8/21.)
A. Statement of Purpose. The Urgent Repair Program (“URP”) will give the City a powerful new tool in the City’s effort to alleviate substandard conditions in the City’s worst slum properties.
The purpose of this new program is to immediately address critical habitability problems in multi-family buildings where the landlords have refused to address these problems. The URP establishes procedures to enable the Los Angeles Housing Department (“LAHD”) to cause the repairs to be made. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
URP is not a program that will make all necessary repairs to a building, thereby bringing the building up to code standards. The URP will only address repairs of uninhabitable conditions under California Civil Code Section 1941.1 and Los Angeles Municipal Code Section 57.107.6 as defined in Subsection B. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
With the addition of the URP to the City’s arsenal of tools for dealing with slum properties, the City can look forward to increasing safer, and more decent and sanitary housing for primarily low income residents.
B. Criteria Used for Authorizing LAHD to Take Action. Only habitability violations that are determined by the appropriate agency to violate Civil Code Section 1941.1 and/or Los Angeles Municipal Code Section 57.107.6 and constitute a present, imminent, extreme and immediate hazard or danger to life or limb, health or safety will be addressed by this program.
C. Process.
1. Dangerous, life threatening conditions may be identified by tenants, City agencies, Council Offices, the Problem Property Resolution Team (“PPRT”), or the Los Angeles County Health Department, and brought directly to the LAHD in the form of a complaint.
2. LAHD shall have the authority to immediately contact the appropriate enforcement agency to report the violations and confirm any existing enforcement history. If the conditions on the property meet the criteria as set forth in Subsection B. above, the appropriate enforcement agency may issue a “Two Day Order” to repair the violation.
3. If the owner of the property does not commence the repair work for the violations within two days, LAHD shall have the authority to designate a contractor preselected by LAHD to make the repairs.
LAHD shall at all times act consistent with applicable laws. Nothing herein shall be interpreted as authorizing the impairment of the constitutional rights of any person.
4. If the Two Day Order, including any extensions, expires without compliance, LAHD may refer the property to the Rent Escrow Account Program (REAP), in accordance with Article 2 of Chapter XVI of this Code, and in particular Section 162.03, for the purpose of recovery by the City of all costs incurred by it pursuant to URP. The landlord may request a hearing before the General Manager to appeal any decision placing a unit or building into REAP in accordance with Section 162.06. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
5. All costs incurred pursuant to this section shall be a personal obligation against the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to the personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8. (Amended by Ord. No. 175,596, Eff. 12/7/03.)
6. (Repealed by Ord. No. 175,596, Eff. 12/7/03.)
D. Additional Authority.
1. In carrying out the provisions of this section, LAHD and the appropriate enforcement agency shall have the authority to utilize any provisions or procedures of state law applicable to the abatement of substandard buildings, including but not limited to, obtaining any necessary warrants or court orders; seeking the appointment of a receiver; or using the abatement procedures set forth in Article 3 (commencing with Section 17980) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
2. LAHD shall have the authority to cause work to be performed at the request of the tenant acting pursuant to Civil Code Section 1942, which describes the tenant’s repair and deduct remedy, or pursuant to the written consent of the landlord to perform the repair work on the premises.
3. LAHD shall be responsible for carrying out the provisions of this article. It shall have the authority to promulgate rules and regulations to effectuate the purposes of this article.
(Added by Ord. No. 186,084, Eff. 6/9/19, Oper. 1/1/20.)
Section
51.00 Title and Purpose.
51.01 Authority.
51.02 Definitions.
51.03 Discrimination Prohibited.
51.04 Retaliation Prohibited.
51.05 Enforcement.
51.06 Individual Remedies for Violations.
51.07 Penalties and Corrective Actions for Violations.
51.08 Administrative Hearing.
51.09 Administrative Appeal.
51.10 Other Remedies Not Affected.
51.11 Administrative Procedures.
51.12 Reports.
51.13 Private Purpose.
51.14 No Conflict with State Law.
51.15 No Conflict with Federal Law.
51.16 Operative Date.
This article shall be known as the “Los Angeles Civil and Human Rights Ordinance.” The City of Los Angeles has benefited, and will continue to benefit, from the economic, cultural and educational contributions of a wide range of groups and communities who are all too often targets of abuse and discrimination.
The City of Los Angeles has a duty to protect and promote public welfare within its boundaries and to protect residents and visitors against discrimination, threats and retaliation based on a real or perceived status. Such discriminatory and prejudicial practices pose a substantial threat to the health, safety and welfare of our community. This ordinance tasks the Commission on Civil Rights and the Civil, Human Rights and Equity Department to investigate complaints of discrimination and enforce against violators. By holding businesses and individuals accountable for discriminatory behavior, the City will make clear that discrimination will not be tolerated. (Amended by Ord. No. 187,032, Eff. 6/14/21.)
The importance of discouraging discrimination that denies equal treatment to any individual in private employment, housing, education or commerce is one of the highest mandates for the welfare of those living in, working in and visiting the City.
This article is adopted pursuant to the powers vested in the City of Los Angeles under the laws and Constitution of the State of California and the City Charter, including, but not limited to, the police powers vested in the City pursuant to Article XI, Section 7 of the California Constitution.
(Amended by Ord. No. 187,032, Eff. 6/14/21.)
As used in this article, the following terms shall have the following meanings:
“Appellant” means a person who files an administrative appeal under this article.
“Appellee” means a person against whom an administrative appeal is filed under this article.
“City” means the City of Los Angeles.
“Commission” means the Commission on Civil Rights.
“Compensatory Penalty” means a monetary penalty imposed as penalty for discrimination in violation of this article resulting in injury to the Complainant. The term injury shall be liberally construed in favor of a Complainant.
“Complainant” means a person who files a complaint with the General Manager alleging that the person’s right granted or protected by this article has been violated by another person.
“General Manager” means the General Manager of the Civil, Human Rights, and Equity Department.
“Hearing Officer” means an independent decision-maker designated by the Commission, including, but not limited to, pro tem judges provided by the Los Angeles Superior Court, administrative law judges from the State of California’s Office of Administrative Hearings, and individuals trained in dispute resolution with a minimum of 25 hours of classroom and practical training and experience performing duties related to mediation and conflict resolution in accordance with the requirements of the California Dispute Resolution Programs Act of 1986 (16 CCR § 1622), who shall be subject to disqualification for bias, prejudice, conflict, or any other reason for which a judicial hearing officer may be disqualified.
“Respondent” means a person against whom a complaint is filed under this article.
A. No person shall discriminate against another person in private employment, housing, education or commerce, because of that person’s actual or perceived race, color, ethnicity, creed, age, national origin, religion, citizenship status, gender, gender identity or expression, sexual orientation, disability, medical condition, genetic information, marital status, partnership status, employment status, source of income, military status, veteran status, or primary language. (Amended by Ord. No. 187,032, Eff. 6/14/21.)
B. For purposes of this section, a violation by an agent or employee is imputed to that person’s principal or employer when the agent or employee acts within the scope of the agency or employment relationship.
C. Exceptions.
a. Nothing in this section shall be construed to require anyone to refer for employment, hire or continue to employ an individual when such action would be in violation of federal law.
b. Nothing in this section shall be construed to prohibit any person from complying with any legal obligation under federal or state law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant.
c. Nothing in this section shall be construed to prohibit a person from:
i. Prohibiting the illegal use of drugs or the use of alcohol at the workplace;
ii. Prohibiting on duty impairment from the use of drugs or the use of alcohol; or
iii. Conducting employee drug testing, when such testing is otherwise lawful.
d. Nothing in this section shall be construed to prohibit an employer, employment agency, or agent thereof, when making employment decisions with regard to hiring, compensation, or the terms, conditions or privileges of employment, from considering any substantial job-related qualifications, including but not limited to: 1) a current and valid professional or occupational license; 2) a certificate, registration, permit, or other credential; 3) a minimum level of education or training; or 4) a minimum level of professional, occupational, or field experience.
D. Defenses.
a. It shall be an affirmative defense that the Complainant could not, with reasonable accommodation, satisfy the essential requisites of the job or enjoy the right or rights in question.
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