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A. Any person who demands, accepts or retains any payment of rent in excess of the maximum rent or maximum adjusted rent in violation of the provisions of this chapter, or any regulations or orders promulgated hereunder, shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages of three times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent or maximum adjusted rent which could be lawfully demanded, accepted or retained together with reasonable attorneys’ fees and costs as determined by the court.
B. Any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor. (Amended by Ord. No. 187,109, Eff. 8/6/21.)
Any person who willfully or knowingly with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact, in a notice or declaration required under Subsection C. or I. of Section 151.09 or in any declaration, application, hearing or appeal permitted under this chapter, including any oral or written evidence presented in support thereof, shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months or both. Each violation of any provision of this chapter and each day during which such violation is committed, or continues, shall constitute a separate offense. (Amended by Ord. No. 161,865, Eff. 1/19/87.)
Any person who willfully or knowingly with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact, in a notice or declaration required under 153.03 A.2.a. of the Los Angeles Municipal Code, shall be guilty of a misdemeanor. (Added by Ord. No. 171,074, Eff. 6/23/96.)
C. Penalties for Violation of State Law Regarding Residential Hotel Occupants. Civil Code Section 1940.1 permits municipalities, among other things, to create remedies by local ordinance for violations of Civil Code Section 1940.1(a). It is the purpose of this subdivision to implement Civil Code Section 1940.1. In addition to any penalties provided by State law, a violation of Civil Code Section 1940.1 is punishable as a misdemeanor. (Added by Ord. No. 176,472, Eff. 3/26/05.)
D. Any agreement, whether written or oral, waiving any of the provisions contained in this Article shall be void as contrary to public policy. (Added by Ord. No. 181,744, Eff. 7/15/11.)
E. Nothing in this Article shall be construed to deprive a person of due process rights guaranteed by law, including, but not limited to, a right to appeal the Department’s determination regarding a Tenant Habitability Plan to a hearing officer. (Added by Ord. No. 181,744, Eff. 7/15/11.)
(Amended by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.)
A. A tenant may refuse to pay any rent in excess of the maximum rent or maximum adjusted rent permitted pursuant to this chapter or regulations or orders adopted hereunder or as further permitted by this chapter or by ordinance. The fact that such rent is in excess of maximum rent or maximum adjusted rent shall be a defense in any action brought to recover possession of a rental unit or to collect the illegal rent. This subsection shall not be applicable to any rental unit not subject to the restrictions on rent set forth in this chapter.
B. A tenant may withhold the payment of any rent otherwise lawfully due and owing after July 1, 1979, until such time as the landlord has complied with Section 151.04 C. and Section 151.05 A. of this Chapter. Once the landlord has complied with Sections 151.04 C. and 151.05 A. of this Chapter, the tenant becomes obligated to pay the current rent and any back rent withheld pursuant to this Subsection. (Amended by Ord. 182,359, Eff. 1/26/13.)
If a discrepancy exists between the amount of the registration fee paid and the amount due under this chapter which results in the underpayment or overpayment of the fee in an amount of $5.00 or less, then the Department may accept and record such underpayment or overpayment without other notification to the landlord. (Title and Section Amended by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.)
A. Filing Date. (Amended by Ord. No. 165,251, Eff. 11/20/89.) An application for rent adjustment, request for hearing, appeal or re-rental certificate shall be considered as filed on the date it has been completed in accordance with the applicable rules and regulations, and received together with any required filing fee by the Department. If at any time during the processing of an application it is determined that an application has been improperly prepared, or requires additional information not submitted in accordance with the rules and regulations, the time limits specified within this chapter shall be suspended and not continue to run until the application has been rectified or the omitted information furnished upon written notification to the applicant.
B. Place of Filing. Whenever the provisions of this chapter provide that applications or requests for hearing or appeals be filed in the office of the Department, such applications or requests for hearing or appeals may be filed in any of the branch offices of the Department.
C. An application fee required under this section may be waived by the Department for any individual who files a declaration stating that the individual annually earns no more than 50% of the median income for the Los Angeles area. The declaration shall state the above information is true and correct. The median is to be determined by the standards utilized by the Housing Authority of the City of Los Angeles acting pursuant to HUD relations. (Amended by Ord. No. 160,791, Eff. 2/10/86.)
D. If a hearing officer determines, based on clear and convincing evidence, that an applicant has willfully or knowingly with the intent to deceive, made or caused to be made a false statement or representation, or knowingly failed to disclose a material fact, in connection with any application under consideration by the hearing officer, then the hearing officer may deny the application. Any determination by the hearing officer based on this subsection shall be appealable to the Rent Adjustment Commission. (Added by Ord. No. 160,791, Eff. 2/10/86.)
E. For purposes of this chapter, if an application, request for appeal or request for hearing is mailed to the Department, it is deemed to be received as established by the date of the postmark affixed on an envelope properly addressed to the Department. (Added by Ord. No. 160,791, Eff. 2/10/86.)
(Amended by Ord. No. 181,744, Eff. 7/15/11.)
Any landlord who fails to pay the fee for registration or registration renewal in accordance with the provisions of Section 151.05 of this Chapter shall be deemed delinquent. The landlord shall pay a penalty equal to one hundred and fifty percent of the fee per subject rental unit for any delinquency incurred after the effective date of this amendment.
For any delinquency incurred prior to the effective date of this amendment, the landlord shall pay a penalty of $6.00 for a delinquency incurred prior to January 1, 1989, and a penalty of $14.00 for a delinquency incurred subsequent to January 1, 1989, and prior to the effective date of this amendment. Any landlord who pays a fee after the Department has notified the landlord of the landlord’s delinquency in failing to comply with the registration requirements of this Chapter prior to the effective date of this amendment shall pay a penalty of $15.00 for a delinquency incurred prior to January 1, 1989, and a penalty of $28.00 for a delinquency incurred subsequent to January 1, 1989, and prior to the effective date of this amendment per subject rental unit in addition to the amount of the fee.
The Department shall notify a landlord of failure to post a notice in accordance with the provisions of Subsection I. of Section 151.05 of this Chapter. If a landlord fails to post the notice within seven days of Department notification, the landlord shall pay a fine of $250 for each day after the seventh day that the landlord fails to post the notice.
If the Department determines that good cause exists for a landlord’s failure to timely pay the registration fee in accordance with the provisions of Section 151.05 of this Chapter, or failure to post a notice in accordance with the provisions of Subsection I. of Section 151.05 of this Chapter, the Department may waive the penalties or fines required by this Section. The Department may promulgate such rules and regulations as may be necessary to carry out the provisions of this Section.
(Added by Ord. No. 161,704, Eff. 11/28/86.)
Upon request by any member of the public, the Department may provide non-confidential statistical information compiled from various data sources maintained by the Department.
The Department may recover the cost of providing such services by charging $100.00 per hour for the first hour or portion thereof and $50.00 for each subsequent hour or portion thereof.
Any monies collected pursuant to this section shall be deposited by the General Manager or the General Manager’s designee into the Rent Stabilization Trust Fund.
A landlord and tenant may enter into a contract for the provision of any housing service which was not a part of the original terms of the tenancy. A valid additional services contract must be written, and must describe each additional service, specify the period of time for which the additional service will be provided, and the monthly charge for the service. Termination of the tenancy shall also terminate the additional services contract. Any monies paid pursuant to an additional services contract shall not be considered rent for any purpose under this chapter. Neither the refusal of a tenant to enter into an additional services contract, nor the breach of such contract shall be a ground for termination of the tenancy. (Added by Ord. No. 156,597, Eff. 5/20/82, Oper. 5/15/82.)
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