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(Added by Ord. No. 169,363, Eff. 3/1/94.)
A. Notwithstanding any provision of the Rent Stabilization Ordinance any provision of the Los Angeles Municipal Code to the contrary, the following provisions shall apply to any mobile home, which is subject to the provisions of the City’s Rent Stabilization Ordinance, rendered untenantable, as a result of the January 17, 1994 earthquake and its aftermath:
The ground for eviction set forth in Section 151.09 A.1. (non-payment of rent) of the Los Angeles Municipal Code shall not apply if a mobile home within a mobile home park was made untenantable on or after January 17, 1994, because of damage to utility-related facilities on a mobile home pad or a shut off of any utility to the mobile home pad as a result of the earthquake and its aftermath, where park management has the obligation to effect the necessary repairs to the utility system or facilities. A tenant is not required to pay the rent otherwise allowed pursuant to the Rent Stabilization Ordinance for those days that the utility was or is not provided. Once the utility facilities or services to the pad have been repaired, replaced or restored, the tenant shall be required to pay the rent allowed pursuant to the Rent Stabilization Ordinance for the period after that repair, replacement or restoration.
B. The provisions of this section shall remain in effect for a period of 90 days from the effective date of the ordinance adding the section and shall apply to any proceeding which has not resulted in a final judgment on or before the effective date of that ordinance. This section shall apply to mobile homes, as provided in Section 151.02 of the Los Angeles Municipal Code, regardless of 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. The Rent Adjustment Commission shall have the authority to promulgate any regulations or guidelines it deems necessary to implement this amendment to the Los Angeles Municipal Code.
(Added by Ord. No. 177,184, Eff. 12/23/05.)
A. Purpose. The purpose of this Section 151.21 is to permit landlords to rent rental units subject to the City’s Rent Stabilization Ordinance at below market rates for a temporary period to persons displaced from their homes by Hurricane Katrina or Hurricane Rita and to raise the rental rates at the end of the temporary period.
B. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section. Words and phrases not defined in this section shall be construed as defined in Section 151.02 of this article, if defined there.
Displacee. A person who was displaced from a residence as a result of Hurricane Katrina or Hurricane Rita and who was issued a registration number by FEMA because the person was affected by Hurricane Katrina or Hurricane Rita.
Fair Market Value Rent. The average rent as determined by the Department for a rental unit based on the unit’s location and size. The Department shall make available to the public the schedule of Fair Market Value Rent amounts.
FEMA. The United States Federal Emergency Management Agency.
Fixed Relief Period. The length of time identified in a Qualifying Relief Rental Agreement Form during which a landlord agrees to charge as rent to a Displacee an amount not greater than seventy-five percent of the applicable Fair Market Value Rent. In no event shall the Fixed Relief Period extend beyond December 31, 2006.
Increased Rental Rate. Amount specified in a Qualifying Relief Rental Agreement Form that a landlord may charge as rent after expiration of a Fixed Relief Period.
Program. The Hurricane Katrina and Hurricane Rita Temporary Relief Program established by this Section 151.21.
Reduced Rental Rate. Amount specified in a Qualifying Relief Rental Agreement Form that will be charged for a Fixed Relief Period, after which the rent may be increased to the Increased Rental Rate amount specified in the Qualifying Relief Rental Agreement Form. The Reduced Rental Rate must be not greater than 75% of the applicable Fair Market Value Rent.
Rent Stabilization Ordinance. The City of Los Angeles Rent Stabilization Ordinance, codified at Los Angeles Municipal Code Section 151.00 et seq.
C. Rent Increases to Displacees. Notwithstanding the provisions of Subsection D. of Section 151.06 of this article, a landlord who files a Qualifying Relief Rental Agreement Form pursuant to Subsection D. of this section may increase the rent to the Increased Rental Rate at the expiration of the Fixed Relief Period. After a landlord increases the rent at the expiration of the Fixed Relief Period, regardless of whether the increase is less than the amount authorized in the Qualifying Relief Rental Agreement Form, the rent cannot be further increased without compliance with the provisions of the Rent Stabilization Ordinance, including those provided pursuant to Section 151.06.
D. Qualifying Relief Rental Agreement Form. The provisions of this Section 151.21 shall apply only to leases for which a Qualifying Relief Rental Agreement Form pursuant to the provisions of this Subsection D. is filed with the Department. Landlords who desire to participate in this Program must file with the Department at its Central Regional Office located at 3550 Wilshire Boulevard, 15th Floor, Los Angeles CA 90010, a Qualifying Relief Rental Agreement Form that will be provided by the Department. The Form must contain, at a minimum, the following:
1. A description of the rental unit, including the address with zip code, the number of bathrooms and bedrooms;
2. Identification of amenities to be provided by the landlord during the Fixed Relief Period, and amenities that will be provided by the landlord after the Fixed Relief Period. The identification of amenities shall include whether the landlord will furnish the rental unit and which utilities, if any, will be paid by the landlord;
3. The Fair Market Value Rent applicable to the rental unit;
4. The Reduced Rental Rate that will be charged during the Fixed Relief Period, and the Increased Rental Rate that the landlord may charge at the end of the Fixed Relief Period;
5. The registration number issued by FEMA to the Displacee; and
6. A statement that the Displacee may terminate the lease upon thirty days notice and will not be liable for rent that would otherwise be owed for the remainder of the term of the Fixed Relief Period and the remainder of the lease, nor for damages resulting from termination prior to expiration of the Fixed Relief Period and the lease.
The completed Qualifying Relief Rental Agreement Form must be signed by the Displacee and the landlord. The Department will not accept for filing any Form that does not contain the information required by this subsection, that does not demonstrate that the initial rent charged under the Program is not greater than 75% of the applicable Fair Market Value Rent, and that is not signed by the Displacee and the landlord.
E. Effect of Failure to Increase Rent at the Expiration of Fixed Relief Period. A landlord may continue to rent to a Displacee at the Reduced Rental Rate upon the expiration of a Fixed Relief Period. A landlord who does not increase the rental rate upon the expiration of the Fixed Relief Period may impose one rent increase on or before December 31, 2006, provided that the new rental amount does not exceed the Increased Rental Rate. If, on January 1, 2007, the landlord has not increased the rent from the Reduced Rental Rate, the rent cannot further be increased without compliance with the provisions of the Rent Stabilization Ordinance, including those provided pursuant to Section 151.06.
F. Ineligible Rental Units. Rental Units may not be rented pursuant to the provisions of this section if they are located in buildings: (1) that have been placed into the Rent Escrow Account Program pursuant to Section 162.00 et seq., or Section 155.00 et seq., and the REAP placement is not yet terminated; (2) for which there is an outstanding order or notice to comply, correct or abate a condition or violation issued by an Enforcement Agency as defined in Section 162.02; or (3) that contain a rental unit that the Department has determined is being rented in violation of the Rent Stabilization Ordinance, and the Department has notified the landlord in writing of that determination.
G. Termination of Program. Effective January 1, 2007, rent can be increased only in compliance with the provisions of the Rent Stabilization Ordinance, including the provisions of Section 151.06.
H. Authority of Department to Administer Program. The Department is authorized to administer the Program, and may develop procedures and regulations to assist in the administration. The Department may require the landlord to provide notice to Displacees on forms provided by the Department, and may require the landlord to file documents other than the Qualifying Relief Rental Agreement Form, including documents issued by FEMA identifying the Displacee’s FEMA registration number. Nothing in this Subsection H. is intended to limit the authority of the Department to administer the Program.
(Added by Ord. No. 177,901, Eff. 9/29/06.)
California Government Code Sections 7060, et seq. (the “Ellis Act”) permits the City, among other things, to require landlords to provide all tenants with 120 days notice, or one year if the tenants lived in the accommodations for at least one year and are more than 62 years of age or disabled, when rental units subject to the Rent Stabilization Ordinance are to be withdrawn from the rental market. The Ellis Act also permits the City to impose other restrictions, conditions and requirements upon the property. It is the purpose of this section, and Sections 151.23 through 151.28, to implement provisions of the Ellis Act. The Department may develop forms and regulations to assist in the implementation of these provisions.
There continues to be a low vacancy rate for rental units in the City of Los Angeles, and the withdrawal of residential rental property from rent or lease will exacerbate the rental housing shortage and make it more difficult for tenants displaced by the withdrawal to obtain replacement housing. Because of the rental housing shortage, it is essential that tenants be afforded substantial advance notice to enable them to obtain replacement housing, and that they receive other protections available under law.
In any action by a landlord to recover possession of a rental unit subject to the Rent Stabilization Ordinance, including, but not limited to, where an owner seeks to displace a tenant from accommodations withdrawn from rent pursuant to this chapter by an unlawful detainer proceeding, the tenant may appear and answer or demurer pursuant to California Code of Civil Procedure Section 1170 and may raise as an affirmative defense the failure of the landlord to comply with one or more of the requirements of Sections 151.22 through 151.28, as well as the failure of the landlord to comply with any other requirement of this chapter. (Amended by Ord. No. 185,224, Eff. 12/13/17.)
If rental units subject to the Rent Stabilization Ordinance were demolished subsequent to September 29, 2006, the effective date of Sections 151.22 through 151.28, without complying with the requirements set forth hereunder, then all replacement rental units constructed on the same property shall be deemed subject to the Rent Stabilization Ordinance, Section 151.00, et seq., and other provisions of this chapter. Additionally, any landlord who is found to have demolished a property subject to the Rent Stabilization Ordinance subsequent to September 29, 2006, without complying with the requirements of Sections 151.22 through 151.28 shall be subject to a penalty. (Added by Ord. No. 184,873, Eff. 6/4/17.)
Pursuant to California Government Code section 7060, the Ellis Act and Sections 151.22 through 151.28 shall not apply to a Residential Hotel as defined in accordance with California Health and Safety Code section 50519 and Section 47.70, et seq., of this Code. (Added by Ord. No. 184,873, Eff. 6/4/17.)
(Added by Ord. No. 177,901, Eff. 9/29/06.)
Notwithstanding any provision of this chapter to the contrary, if a landlord desires to demolish rental units subject to the Rent Stabilization Ordinance, or otherwise withdraw the units from rental housing use, irrespective of whether such rental units are occupied or vacant, then the following provisions shall apply: (Amended by Ord. No. 184,873, Eff. 6/4/17.)
A. Notice of Intent to Withdraw. (Amended by Ord. No. 184,873, Eff. 6/4/17.) The landlord shall notify the Department of an intention to withdraw a rental unit from rental housing use. This Notice of Intent to Withdraw shall be filed with the Department whether the rental unit(s) to be withdrawn or demolished are occupied or vacant at the time of filing and shall contain the following:
1. statements, under penalty of perjury on the form and in the number prescribed by the Department, stating that the landlord intends to demolish the rental unit or to remove the rental unit from rental housing use;
2. the address or location of the rental unit;
3. the number of rental units to be demolished or removed from rental housing use;
4. the names of the tenants, if any, of each rental unit and that the landlord intends to evict such tenants in order to demolish the rental unit or to remove the rental unit from rental housing use;
5. the date on which the rental unit will be withdrawn from rental housing use; and
6. the rent applicable to that rental unit.
The Department shall have the authority to promulgate forms and procedures to assist in the implementation of this subdivision.
B. Recordation of Non-Confidential Memorandum and Extension of the Date of Withdrawal from Rental Housing Use. Irrespective of whether the rental units to be withdrawn or demolished are occupied or vacant at the time of filing the Notice of Intent to Withdraw, the landlord shall record with the County Recorder a memorandum summarizing the provisions of the Notice of Intent to Withdraw, other than provisions that are confidential pursuant to this section. If applicable, information respecting the name or names of the tenants, the rent applicable to any rental unit, and the total number of units is confidential information and shall be treated as confidential information by the Department for purposes of the Information Practices Act of 1977, as contained in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code. (Amended by Ord. No. 184,873, Eff. 6/4/17.)
The landlord shall submit a copy of the memorandum filed with the County Recorder to the Department concurrently with the Notice of Intent to Withdraw, with a certification that actions have been initiated as required by law to terminate any existing tenancies.
The date on which the rental units are to be withdrawn from rental housing use shall be at least 120 days from the date of the delivery to the Department in person or by first-class mail of the Notice of Intent to Withdraw.
If the tenant is at least 62 years of age or disabled (as defined in Government Code Section 12955.3) and has lived in their accommodations for at least one year prior to the date of delivery to the Department of the Notice of Intent to Withdraw pursuant to Subsection A. of this section, then the date of withdrawal of the accommodations of that tenant shall be extended to one year after the date of delivery of that Notice to the Department. This extension shall take place, if and only if, the tenant gives written notice of their entitlement to an extension to the landlord within 60 days of the date of delivery to the Department of the Notice of Intent to Withdraw. In that situation, the following provisions shall apply:
1. The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Department of the Notice of Intent to Withdraw, subject to any adjustments otherwise available under the Rent Stabilization Ordinance.
2. No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
3. The landlord may elect to extend the date of withdrawal on any other rental units up to one year after the date of delivery to the Department of the Notice of Intent to Withdraw, subject to Subparagraphs 1. and 2.
4. Within 30 days of the notification by the tenant to the landlord of their entitlement to an extension, the landlord shall give written notice to the Department of the claim that the tenant is entitled to stay in the accommodations for one year after the date of delivery to the Department of the Notice of Intent to Withdraw.
5. Within 90 days of the date of delivery to the Department of the Notice of Intent to Withdraw, the landlord shall give written notice to the Department and the affected tenant of the landlord’s election to extend the date of withdrawal and the new date of withdrawal under Subparagraph 3.
C. Notice to the Tenants of Pending Withdrawal. Within five days of delivery to the Department of the Notice of Intent to Withdraw with the certification required under Subsection B. of this section, and a copy of the memorandum recorded by the County Recorder, the landlord shall notify, by delivery in person or by first-class mail, each affected tenant of the following:
1. That the Department has been notified pursuant to Subsection A., including the date of the delivery to the Department of the Notice of Intent to Withdraw;
2. That the Notice delivered to the Department specified the name and the amount of rent paid by the tenant as an occupant of the accommodations;
3. The amount of rent the landlord specified in the notice to the Department;
4. Notice to the tenant of the tenant’s rights under Paragraph (3) of Subdivision (b) of Government Code Section 7060.2; and
5. Notice to the tenant stating the following:
(a) If the tenant is at least 62 years of age or disabled, and has lived in their accommodations for at least one year prior to the date of delivery to the Department of the Notice of Intent to Withdraw, then the tenancy shall be extended to one year after the date of delivery to the Department of the Notice of Intent to Withdraw, provided that the tenant gives written notice of their entitlement to the landlord within 60 days of the date of delivery to the Department of the Notice of Intent to Withdraw;
(b) The extended tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Department of the Notice of Intent to Withdraw, subject to any adjustments otherwise available under the Rent Stabilization Ordinance; and
(c) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy.
D. Annual Property Status Reports. (Added by Ord. No. 184,873, Eff. 6/4/17.) For no less than seven (7) years following the date of delivery to the Department of the Notice of Intent to Withdraw, or until such time as the Department advises the landlord that they have complied with all reporting requirements set forth in this section, whichever occurs first, the landlord shall file with the Department an Annual Property Status Report, under penalty of perjury and on the form and in the manner prescribed by the Department, providing the following information to the extent applicable:
1. the status related to the demolition of any withdrawn rental units;
2. the status related to the development of any withdrawn rental units; and
3. confirmation that any newly constructed rental units have been registered with the Department in conformance with Section 151.05 and are being operated in compliance with the Rent Stabilization Ordinance.
(Added by Ord. No. 177,901, Eff. 9/29/06.)
A. If a landlord desires to offer for rent or lease a rental unit that was the subject of a Notice of Intent to Withdraw pursuant to the provisions of Subsection A. of Section 151.23, the landlord must file with the Department a Notice of Intention to Re-Rent Withdrawn Accommodations on a form prescribed by the Department. This Notice must contain the following information:
1. The names and mailing addresses of all owners of the property;
2. A statement that said owners intend to re- rent the accommodations;
3. The addresses of those accommodations.
B. Except as provided in Section 151.27 of this Article, the landlord shall not offer for rent or lease any unit from which a tenant or lessee was displaced for a period of thirty days following the filing of the Notice of Intention to Re-Rent Withdrawn Accommodations with the Department.
C. If a landlord offers for rent or lease a rental unit which was the subject of a Notice of Intent to Withdraw pursuant to the provisions of Subsection A. of Section 151.23, irrespective of whether a Notice of Intention to Re-Rent Withdrawn Accommodations has been filed with the Department, and the landlord later wishes to recommence the withdrawal of the rental unit, the landlord must file a new Notice of Intent to Withdraw and comply with all requirements pursuant to Sections 151.09 G. and 151.23 through 151.28 of this Code. (Added by Ord. No. 184,873, Eff. 6/4/17.)
(Added by Ord. No. 177,901, Eff. 9/29/06.)
If a rental unit that was the subject of a Notice of Intent to Withdraw pursuant to the provisions of Subsection A. of Section 151.23 is offered for rent or lease within two years of the date of withdrawal of the rental unit from the rental market:
A. The landlord shall be liable to any tenant or lessee who was displaced from the property for actual and exemplary damages. Any action by a tenant or lessee pursuant to this section shall be brought within three years of withdrawal of the rental unit from rent or lease. Nothing in this section precludes a tenant from pursuing any alternative remedy available under the law; and
B. The City may institute a civil proceeding against any landlord who has again offered a rental unit for rent or lease subject to this section, for exemplary damages for displacement of tenants or lessees. Any action by the City pursuant to this section shall be brought within three years of the withdrawal of the rental unit from rent or lease.
C. Pursuant to California Government Code Section 7060.3, the City may apply the constraints as set forth in this section to a successor in interest of a landlord who has withdrawn a rental unit from rent or lease, by recording a notice, to be indexed in the grantor-grantee index, with the County Recorder which shall specifically describe the property where the rental unit is located, the dates applicable to the constraints and the name of the owner(s) of record of the property. (Added by Ord. No. 184,873, Eff. 6/4/17.)
(Added by Ord. No. 177,901, Eff. 9/29/06.)
If a landlord desires to offer for rent or lease a rental unit which was the subject of a Notice of Intent to Withdraw pursuant to the provisions of Subsection A. of Section 151.23, the following regulations apply:
A. If a rental unit that was removed from rental housing use pursuant to the provisions of Section 151.23 is offered for rent or lease during either:
1. the five-year period after the Notice of Intent to Withdraw the accommodations is filed with the Department pursuant to Section 151.23, whether or not the Notice of Intent is rescinded or the withdrawal of the accommodations is completed pursuant to the Notice of Intent; or
2. the five-year period after the accommodations are withdrawn;
then the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any Notice of Intent to Withdraw the accommodations was filed with the Department, plus annual adjustments available under Section 151.06 of this article.
B. Subsection A. of this section shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the rental unit.
C. If a landlord offers for rent or lease a rental unit that was the subject of a Notice of Intent to Withdraw pursuant to the provisions of Subsection A. of Section 151.23, irrespective of whether a Notice of Intention to Re-Rent Withdrawn Accommodations has been filed with the Department, and the landlord later wishes to recommence the withdrawal of the rental unit, the landlord must file a new Notice of Intent to Withdraw and comply with all requirements pursuant to Sections 151.09 G. and 151.23 through 151.28 of this Code. (Added by Ord. No. 184,873, Eff. 6/4/17.)
D. Pursuant to California Government Code Section 7060.3, the City may apply the constraints as set forth in this section to a successor in interest of a landlord who has withdrawn a rental unit from rent or lease, by recording a notice, to be indexed in the grantor-grantee index, with the County Recorder which shall specifically describe the property where the rental unit is located, the dates applicable to the constraints and the name of the owner(s) of record of the property. (Added by Ord. No. 184,873, Eff. 6/4/17.)
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