(Title Amended by Ord. No. 180,769, Eff. 8/16/09.)
A. (Amended by Ord. No. 157,572, Eff. 4/1/83.) On or after July, 1979, no landlord shall demand or accept rent for a rental unit without first procuring and serving on the tenant or displaying in a conspicuous place a valid written registration statement from the Department or its designee. On or after April 30, 1983, no landlord shall demand or accept rent for a rental unit without first serving a copy of a valid registration or annual registration renewal statement on the tenant of that rental unit.
1. Every rental unit registration and registration statement issued on or before April 29, 1980 shall expire at midnight April 30, 1980. Applications for registration renewal for a previously registered unit shall be made to the Department or its designee no later than June 15, 1980. However, a landlord may continue to accept or demand rent for a previously registered unit without a current registration statement until July 1, 1980.
2. For a rental unit which first becomes subject to this chapter between May 1, 1980 and December 31, 1980, inclusive, the landlord shall procure a registration statement.
3. The registration or registration renewal statement issued pursuant to Subdivision 1. or 2. above shall expire on March 31, 1981. A landlord who accepts or demands rent for a rental unit on or after January 1, 1981 shall procure a valid registration statement. Application for such registration statement shall be made to the Department or its designee no later than February 14, 1981.
4. The registration or registration statement issued pursuant to Subdivision 3. above shall expire on March 31, 1982. A landlord who accepts or demands rent for a rental unit on or after January 1, 1982 shall procure a valid registration statement. Applications for such registration statement shall be made to the Department or its designee no later than February 14, 1982 and any statement so issued shall expire on April 30, 1983.
5. On or after June 1, 1982, a landlord who accepts or demands rent for a rental unit on or after the first day of January of each year shall procure a valid registration or annual registration renewal statement. Application for a registration or annual registration renewal statement shall be made to the Department or its designee no later than the last day of February of each year, and the statement so issued shall expire on the last day of April of the following year, except that the 1996 registration statement shall expire on June 30, 1997. (Amended by Ord. No. 171,648, Eff. 8/3/97.)
6. The registration statements issued for registration of rental units in 2016 shall be valid through June 30, 2017, and expire on July 1, 2017. Thereafter, registration renewal statements shall expire annually on June 30 of the following year. (Added by Ord. No. 184,529, Eff. 10/4/16.)
B. The Department or its designee shall register or renew the registration of a rental unit subject to this chapter upon: the payment of all outstanding registration fees imposed pursuant to this chapter; compliance with Subsection J. of this section; and furnishing of an emergency contact, including the contact's name, address and phone number. For any rental unit for which a registration or annual registration renewal statement is required, a registration or annual registration renewal fee shall be paid. This fee shall be due and payable on the first day of January of each year, and shall be deemed delinquent if not paid on or before the last day of the month of February of each year. The fees required hereunder shall be as follows: (Amended by Ord. No. 184,529, Eff. 10/4/16.)
1. For a rental unit for which a landlord accepts or demands rent between May 1, 1979 and April 30, 1980, inclusive, there shall be an initial registration fee of three dollars, and if rent for such rental unit is accepted or demanded between May 1, 1980 and December 31, 1980 inclusive, there shall also be paid a registration renewal fee of three dollars.
2. For a rental unit which first becomes subject to this chapter between May 1, 1980 and December 31, 1980 inclusive, there shall be an initial registration fee of three dollars; and
3. For any rental unit for which a landlord accepts or demands rent on or after January 1, 1981, there shall be a registration or registration renewal fee of four dollars.
4. For any rental unit for which a landlord accepts or demands rent between January 1, 1982 and December 31, 1982 inclusive, there shall be a registration or registration renewal fee of seven dollars. (Amended by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.)
5. For any rental unit for which a registration or annual registration renewal statement is required, a registration or annual registration renewal fee shall be paid. This fee shall be due and payable on the first day of January of each year, and shall be deemed delinquent if not paid on or before the last day of the following month. The amount of this fee shall be thirty-eight dollars and seventy-five cents ($38.75). (Amended by Ord. No. 186,448, Eff. 12/30/19.)
C. The landlord shall maintain records setting forth the maximum rent for each rental unit. Each landlord who demands or accepts a higher rent than said maximum rent shall inform the tenant or any prospective tenant of the rental unit in writing of the factual justification for the difference between said maximum rent and the rent which the landlord is currently charging or proposes to charge. (Amended by Ord. No. 154,237, Eff. 8/30/80, Oper. 9/1/80.)
D. For a rental unit for which a four dollar fee has been paid pursuant to Subdivision 3. of Subsection B. of this section, the landlord, for the month of April, 1981, and on a one time basis only, may demand and collect a total of four dollars per rental unit from the tenant of the rental unit after serving the tenant with a thirty days written notice on a form provided by the Department explaining the nature of the onetime charge. (Amended by Ord. No. 154,237, Eff. 8/30/80, Oper. 9/1/80.)
E. For a rental unit for which a registration or registration renewal fee has been paid pursuant to Subdivision 4. of Subsection B. of this section, the landlord, for the month of June, 1982, and on a one-time basis only may demand and collect a total of four dollars per rental unit from the tenant of the rental unit after serving the tenant with a thirty days written notice on a form provided by the Department explaining the nature of the one-time charge. (Added by Ord. No. 155,561, Eff. 8/9/81.)
F. For a rental unit for which the registration or annual registration renewal fee has been paid pursuant to Subdivision 5. of Subsection B. of this section, the landlord may demand and collect a rental surcharge of 50% of the annual registration fee from the tenant of the rental unit after serving the tenant with a notice as described in Civil Code Section 827 and given in the manner prescribed by Code of Civil Procedure Section 1162. (Amended by Ord. No. 184,822, Eff. 4/30/17.)
The rental surcharge may only be collected in August of the year in which the registration or annual registration fee became due and payable, provided that the landlord is not delinquent in the payment of the registration or annual registration renewal fee. Except that, during the 1997 registration cycle, the tenant surcharge may be collected during any month prior to December 31, 1997 subject to the notification requirement described above and provided that the landlord is not delinquent in the payment of the registration or annual registration renewal fee. (Amended by Ord. No. 184,529, Eff. 10/4/16.)
Effective January 1, 2020, and in all subsequent years, a landlord who has timely paid all annual registration or annual registration renewal fees and completed the rent registry for the given year may collect one-twelfth of 50% of the annual registration or annual registration renewal fee paid pursuant to Subdivision 5. of Subsection B. of this section from the tenant of the rental unit per month, after serving the tenant with a 30-day written notice as described in Civil Code Section 827, which shall be served in the manner prescribed by Code of Civil Procedure Section 1162. (Added by Ord. No. 186,448, Eff. 12/30/19.)
The Rent Adjustment Commission shall have the authority to adopt any regulations necessary to implement this section. (Added by Ord. No. 186,448, Eff. 12/30/19.)
G. The landlord of a rental unit which is not registered with the Department shall provide the Department, on the form approved by the Department and accompanied by supporting documentation, a written declaration stating the facts upon which the landlord bases a claim of exclusion from the provisions of this Chapter. If a landlord fails to submit a written declaration and supporting documents by the last day of the month of January of each year, the unit shall be deemed to be subject to the provisions of this Chapter and any fees collected shall be non-refundable. If a landlord declares that the rental unit is not subject to the registration requirements of this Subsection because the rental unit is vacant, the landlord shall provide the Department with a copy of a notice recorded against the property declaring that the unit is and shall remain vacant, and the unit shall be secured against unauthorized entry. (Amended by Ord. No. 181,744, Eff. 7/15/11.)
H. (Repealed by Ord. No. 181,744, Eff. 7/15/11.)
I. For every property for which a landlord is required to procure a written registration statement pursuant to the provisions of Subsection A. of this Section, the landlord shall post a notice on a form prescribed by the Department, providing information about the Rent Stabilization Ordinance and Department contact information. Notices must be posted in a conspicuous location in the lobby of the property, near a mailbox used by all residents on the property, or in or near a public entrance to the property. The notice shall be written in English and Spanish, and in any other languages as required by the Department. (Added by Ord. No. 180,769, Eff. 8/16/09.)
J. Rent Registry; Notice of Rent Information Deficiencies and Opportunity to Cure; Appeals; and Final Administrative Decision. (Added by Ord. No. 184,529, Eff. 10/4/16.)
1. A landlord shall provide rent amount and tenancy information for every rental unit subject to this chapter on a form prescribed by the Department. This information shall be submitted annually by the last day of February of each year. Registration is complete only when all outstanding registration fees have been paid and all required rent amount and tenancy information, including emergency contact information, is provided.
2. The Department shall provide written notification to the landlord of the failure to comply with this subsection and allow 15 calendar days to respond. The Department will not issue a registration statement for the property until the landlord has substantially complied by providing the required rental information as provided by applicable law.
3. Any landlord disputing the Department's notification of deficient registration may file a written appeal within ten calendar days of the date of the notice of deficiency. The Department shall provide a written notice within 30 calendar days of its appeal decision which shall be a final administrative decision. The Rent Adjustment Commission may promulgate regulations to implement these provisions.