(Amended by Ord. No. 184,822, Eff. 4/30/17.)
Average Per Unit Capital Improvement Cost. An amount determined by dividing the cost of the capital improvement by the total number of dwellings in a complex with respect to which the cost was incurred, irrespective of whether all such dwellings are subject to this chapter.
Average Per Unit Primary Renovation Work Cost. An amount determined by dividing the costs associated with primary renovation work by the total number of all rental units in a complex with respect to which primary renovation costs were incurred, irrespective of whether all such dwellings are subject to this chapter. (Added by Ord. No. 176,544, Eff. 5/2/05.)
Average Per Unit Rehabilitation Cost. An amount determined by dividing the cost of the rehabilitation, less any offsetting insurance proceeds, by the total number of dwellings in a complex with respect to which the cost was incurred, irrespective of whether all such dwellings are subject to this chapter.
Average Per Unit Seismic Retrofit Work Cost. An amount determined by dividing the costs associated with Seismic Retrofit Work by the total number of all rental units in a complex with respect to which costs associated with Seismic Retrofit Work were incurred, irrespective of whether all such dwellings are subject to this chapter. (Added by Ord. No. 184,080, Eff. 2/19/16.)
Capital Improvement. The addition or replacement of the following improvements to a rental unit or common areas of the housing complex containing the rental unit, providing such new improvement has a useful life of five (5) years or more: roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, garbage disposal, washing machine or clothes dryer, dishwasher, children’s play equipment permanently installed on the premises, the complete exterior painting of a building, and other similar improvements as determined by the Commission. Provided, however, that the complete exterior painting of a building shall only be considered as an eligible capital improvement once every ten (10) years. (Amended by Ord. No. 165,251, Eff. 11/20/89.)
Collateral Work. (Deleted by Ord. No. 176,544, Eff. 5/2/05.)
Commission. The Rent Adjustment Commission of the City of Los Angeles.
Department. The Los Angeles Housing Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
Housing Services. Services connected with the use or occupancy of a rental unit including, but not limited to, utilities (including light, heat, water and telephone), ordinary repairs or replacement, and maintenance, including painting. This term shall also include the provision of elevator service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, parking and any other benefits privileges or facilities. (Amended by Ord. No. 154,808, Eff. 2/13/81.)
Landlord. An owner, lessor, or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.
Luxury Housing Accommodations. Housing accommodations wherein as of May 31, 1978 the rent charged per month was at least $302 for a unit with no bedrooms; $420 for a unit with one bedroom; $588 for a unit with two bedrooms; $756 for a unit with three bedrooms; and $823 for a unit with four bedrooms or more. This definition does not apply to mobile homes. (Added by Ord. No. 154,237, Eff. 8/30/80, Oper. 9/1/80.)
Maximum Adjusted Rent. (Amended by Ord. No. 173,810, Eff. 4/16/01.) The maximum rent plus any rent increases subsequently made or granted pursuant to Sections 151.06, 151.07, or 151.08 of this chapter and less any rent reductions required by regulations promulgated by the Commission pursuant to Section 151.08 of this chapter or imposed pursuant to Section 162.00 et seq. of this Code; provided, however, as used in Section 151.06 of this chapter, this term shall not include:
(1) any increase for capital improvement work or rehabilitation work, if the rent increase was approved by the Department on or after January 1, 1981, and the work was begun prior to June 1, 1982; or
(2) any increase for capital improvement work where the application for a rent increase is filed with the Department on or after October 1, 1989; or,
(3) any increase for smoke detectors installed on or after January 1, 1981; or
(4) any increase for rehabilitation work where the application for a rent increase is filed with the Department on or after January 1, 1999.
Maximum Rent. The highest legal monthly rate of rent which was in effect for the rental unit during any portion of the month of April, 1979. If a rental unit was not rented during said month, then it shall be the highest legal monthly rate of rent in effect between October 1, 1978 and March 31, 1979. If a rental unit was not rented during this period, then it shall be the rent legally in effect at the time the rental unit was or is first re-rented after the effective date of this chapter. Where a rental unit was exempt from the provisions of this chapter under Subdivision 5 of the definition of “Rental Units” in this section, the maximum rent shall be the amount of rent last charged for the rental unit while it was exempt. (Amended by Ord. No. 166,320, Eff. 11/22/90.)
Mobilehome Owner. A person who has a tenancy in a mobilehome park under a rental agreement. (Added by Ord. No. 180,071, Eff. 8/30/08.)
Preceding Tenant. The tenant who vacated the rental unit as the result of an eviction or termination of tenancy pursuant to Section 151.09 A.9. (Added by Ord. No. 165,251, Eff. 11/20/89.)
Primary Renovation Work. (Added by Ord. No. 176,544, Eff. 5/2/05.) Work performed either on a rental unit or on the building containing the rental unit that improves the property by prolonging its useful life or adding value, and involves either or both of the following:
1. Replacement or substantial modification of any structural, electrical, plumbing or mechanical system that requires a permit under the Los Angeles Municipal Code.
2. Abatement of hazardous materials, such as lead-based paint and asbestos, in accordance with applicable federal, state and local laws.
Primary Work. (Deleted by Ord. No. 176,544 Eff. 5/2/05.)
Qualified Tenant. Any tenant who satisfies any of the following criteria on the date of service of the written notice of termination described in California Civil Code Section 1946: has attained age 62; is handicapped as defined in Section 50072 of the California Health and Safe 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. (Amended by Ord. No. 162,743, Eff. 9/24/87.)
Rehabilitation Work. Any rehabilitation or repair work done on or in a rental unit or common area of the housing complex containing the rental unit and which work was done in order to comply with an order issued by the Department of Building and Safety, the Health Department, or the Fire Department due to changes in the housing code since January 1, 1979, or to repair damage resulting from fire, earthquake or other natural disaster. (Amended by Ord. No. 165,251, Eff. 11/20/89.)
Related Work. Improvements or repairs which, in and of themselves, do not constitute either Primary Renovation Work or Seismic Retrofit Work but which are undertaken in conjunction with and are necessary to the initiation and/or completion of Primary Renovation Work or Seismic Retrofit Work. (Amended by Ord. No. 184,080, Eff. 2/19/16.)
Rent. The consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, including but not limited to monies demanded or paid for the following: meals where required by the landlord as a condition of the tenancy; parking; furnishings; other housing services of any kind; subletting; or security deposits. (Amended by Ord. No. 154,808, Eff. 2/13/81.)
Rent Increase. An increase in rent or any reduction in housing services where there is not a corresponding reduction in the amount of rent received. The Rent Adjustment Commission shall promulgate regulations as to what constitutes such “corresponding reduction”.
Rental Complex. One or more buildings, used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by street or alley. (Added by Ord. No. 160,791, Eff. 2/10/86.)
Rental Units. (Amended by Ord. No. 157,385, Eff. 1/24/83.) All dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code, and all housing accommodations as defined in Government Code Section 12927, and duplexes and condominiums in the City of Los Angeles, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. (Sentence Amended by Ord. No. 170,445, Eff. 5/6/95, Oper. 7/5/95.) This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or rent is paid for the land alone. Further, it shall include recreational vehicles, as defined in California Civil Code Section 799.29 if located in a mobile home 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. (Sentence Amended by Ord. No. 181,744, Eff. 7/15/11.) The term shall not include:
1. Dwellings, one family, except where two or more dwelling units are located on the same parcel. This exception shall not apply to duplexes or condominiums. (Amended by Ord. No. 184,822, Eff. 4/30/17.)
2. (Amended by Ord. No. 176,472, Eff. 3/26/05.) Housing accommodations in hotels, motels, inns, tourist homes and boarding and rooming houses, provided that at such time as an accommodation has been occupied as the primary residence of one or more of the same tenants for any period more than 30 days such accommodation shall become a rental unit subject to the provisions of this chapter. The computation of the 30 days shall include days in which the tenant was required to:
(a) move into a different guestroom or efficiency unit before the expiration of 30 days occupancy; or
(b) check out and re-register before the expiration of 30 days occupancy if a purpose was to avoid application of this chapter.
Evidence that an occupant was required to check out and re-register shall create a rebuttable presumption, which shall affect solely the burden of producing evidence, that the housing accommodation is a rental unit subject to the provisions of this chapter.
3. A dwelling unit in a nonprofit stock cooperative while occupied by a shareholder tenant of the nonprofit stock cooperative.
4. Housing accommodations in any hospital; state licensed community care facility; convent; monastery; extended medical care facility; asylum; fraternity or sorority house; or housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by its students.
5. Housing accommodations owned and operated by the Los Angeles City Housing Authority, or which a government unit, agency or authority owns, operates, or manages and which are specifically exempted from municipal rent regulation by state or federal law or administrative regulation, or housing accommodations specifically exempted from municipal rent regulation by state or federal law or administrative regulation. This exception shall not apply once the government ownership, operation, management, regulation or rental assistance is discontinued. This exception shall not apply to rental units for which rental assistance is paid pursuant to the Housing Choice Voucher Program codified at 24 CFR part 982, and those units are subject to the provisions of this article to the fullest extent allowed by law. (Amended by Ord. No. 177,587, Eff. 7/5/06.)
6. Housing accommodations, located in a structure for which the first Certificate of Occupancy was issued after October 1, 1978, are exempt from the provisions of this chapter. If the structure was issued a Certificate of Occupancy, including a Temporary Certificate of Occupancy, on or before October 1, 1978, the housing accommodation(s) shall be subject to the provisions of this chapter. If the property was issued a building permit for residential purposes at any time on or before October 1, 1978, and a Certificate of Occupancy for the building was never issued or was not issued until after October 1, 1978, the housing accommodation shall be subject to the provisions of this chapter. This exception shall not apply to individual mobile home coaches, mobile home parks, individual recreational vehicles, recreational vehicle parks or replacement units as set forth in Subsection A. of 151.28. (Amended by Ord. No. 184,822, Eff. 4/30/17.)
7. Luxury Housing Accommodations. This exemption shall only apply to housing accommodations which have been issued a certificate from the Department indicating that it has been proven to the Department’s satisfaction that the subject housing accommodations were rented at the requisite rent levels on May 31, 1978.
8. Substantial Renovation. Housing accommodations for which renovation work was started and completed on or after September 1, 1980 which work cost at least $10,000 for a unit with no bedrooms; $11,000 for a unit with one bedroom; $13,000 for a unit with two bedrooms; $15,000 for a unit with three bedrooms; and $17,000 for a unit with four bedrooms or more. This exemption shall apply only to rental units which have submitted an application for a certification of exemption to the Department prior to October 4, 1989, and which have been issued a certificate from the Department indicating that it has been demonstrated to the satisfaction of the Department that the requisite renovation work has been completed. (Amended by Ord. No. 165,251, Eff. 11/20/89.)
9. (Amended by Ord. No. 181,744, Eff. 7/15/11.) Affordable Housing Accommodations are housing accommodations with a government imposed regulatory agreement that has been recorded with the Los Angeles County Recorder, or which shall be recorded within six months of the filing of an exemption pursuant to this Subdivision with the Department, guaranteeing that the subject housing accommodations will be affordable to either lower income or very low income households for a period of at least 55 years, with units affordable only to households with an income at 60 percent of the Area Medium Income or less. None of the subject housing accommodations shall be affordable only to households with incomes greater than 60 percent of the Area Medium Income, as these terms are defined by the U.S. Department of Housing and Urban Development. "Lower Income or very low income households" is defined in accordance with California Health and Safety Code Sections 50079.5 and 50105.
This exemption shall apply only to housing accommodations which have been issued an affordable housing exemption by the Department indicating satisfaction of the following conditions:
(1) the subject housing accommodations are only available to lower income or very low income households with none of the subject accommodations affordable only to households with income greater than 60% of Area Median Income;
(2) rent levels conform to the amounts set by the U.S. Department of Housing and Urban Development, or the California Department of Housing and Community Development, as applicable, based on the public funding source for the subject accommodations; except as follows:
Annual rent increases shall be in accordance with LAMC Section 151.06 D. for any tenancies established prior to the recording of the government imposed regulatory agreement where the tenant household has not received permanent relocation assistance in accordance with the Uniform Relocation Act, the California Relocation Assistance Act or LAMC Section 151.09 G., whichever is applicable;
(3) actions to recover possession of housing accommodations from a tenant shall be limited to the grounds set forth in LAMC Section 151.09 A.;
(4) the landlord shall comply with the provisions of the Tenant Habitability Program, pursuant to Article 2 of this Chapter, if applicable;
(5) relocation assistance shall be provided to an eligible tenant household based on the applicable provisions of the Uniform Relocation Act or the California Relocation Assistance Act; or the amount set forth in LAMC Section 151.09 G., whichever is greater.
The Department shall have the authority to revoke an exemption issued pursuant to this Subdivision for failure to adhere to any of the conditions for an exemption set forth in this Subdivision.
10. Recreational vehicles which are not occupied by a tenant who has continuously resided in the park for nine or more months. This exception shall not apply to a lot or space which becomes vacant as a result of the park operator’s terminating the tenancy on grounds other than those specified in Section 151.09 A. of this chapter.
11. Housing accommodations in limited equity housing cooperatives, as defined in Civil Code Sections 817 and 817.1, when occupied by a member tenant of the limited equity housing cooperative. However, if the cooperative acquired the property pursuant to Government Code Section 54237(d), then all dwellings in the limited-equity housing cooperative shall be excepted from this chapter. (Amended by Ord. No. 184,822, Eff. 4/30/17.)
12. Any mobilehome park for which a permit to operate is defined in Chapter 4 of Part 2.1 of Division 13 of the California Health and Safety Code was first issued on or after the effective date of this amendment (hereafter “existing park”). If acreage is added to a mobilehome park which park obtained a permit to operate prior to the effective date of this amendment, then any site located on such additional acreage shall be exempt from the provisions of this chapter. Any new home sites created within the boundaries of an existing park through increased density or elimination of open space shall not be subject to this exception. (Added by Ord. No. 160,791, Eff. 2/10/86.)
13. Housing accommodations in an Interim Motel Housing Project pursuant to LAMC Section 14.00 A.12. (Added by Ord. No. 185,489, Eff. 4/20/18.)
This exemption shall apply only to housing accommodations which have been issued a housing exemption by the Department indicating satisfaction of the following conditions:
(1) the housing accommodations are subject to and operating in accordance with a Supportive Housing or Transitional Housing contract; and
(2) any tenant remaining in the housing accommodations at the commencement of the Supportive Housing or Transitional Housing contract shall be afforded all rights and protections provided by this Article, including, but not limited to, LAMC Section 151.09 A., pertaining to a landlord's recovery of housing accommodations from a tenant.
The Department shall have the authority to revoke an exemption issued pursuant to this Subdivision for failure to adhere to any of the conditions for an exemption set forth in this Subdivision.
This exemption shall be deemed automatically revoked upon termination of the Supportive Housing or Transitional Housing contract or failure to operate in accordance with the Supportive Housing or Transitional Housing contract.
Seismic Retrofit Work. The structural analysis and alterations to a building that are necessary to comply with the earthquake hazard reduction requirements of Divisions 93 and 95 of Article 1 of Chapter IX of the Los Angeles Municipal Code. (Added by Ord. No. 184,080, Eff. 2/19/16.)
Seismic Work. (Deleted by Ord. No. 181,744, Eff. 7/15/11.)
Tenant. A tenant, subtenant, lessee, sublessee or any other person entitled to use or occupancy of a rental unit.
Tenant Habitability Plan. A document, submitted by a landlord to the Department, identifying any impact Primary Renovation Work and Related Work will have on the habitability of a tenant's permanent place of residence and the steps the landlord will take to mitigate the impact on the tenant and the tenant's personal property during the period Primary Renovation Work and Related Work are undertaken. (Added by Ord. No. 176,544, Eff. 5/2/05.)