(Added by Ord. No. 171,074, Eff. 6/23/96.)
A. Filing of Complaint.
1. Either a tenant or enforcement agency may initiate a complaint with the Department alleging the existence of a habitability violation in a residential rental unit subject to the Rent Stabilization Ordinance. For purposes of this division the term “enforcement agency” includes, but is not limited to, the Health Department, the Department of Building and Safety, Los Angeles Housing Department Code Enforcement Unit, and the Fire Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)
2. A complaint submitted by a tenant alleging a habitability violation shall be submitted to the Department as follows:
a. On a form provided by the Department.
b. Include proof that the tenant has given the landlord at least twenty (20) days prior notice of the alleged violation.
c. A declaration stating that all information provided in the complaint form is true will be included on the form provided by the Department pursuant to (a) above.
The form shall also include language stating that “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, shall be guilty of a misdemeanor.” LAMC § 151.10(B)
3. When submitting a complaint, the tenant may include evidence or documentation which supports that the habitability violation exists.
B. Acceptance of Complaint.
1. Prior to formal acceptance of the complaint from a tenant alleging a habitability violation, the Department shall determine if:
a) the complaint alleges a deficiency which conforms with the definition of a Habitability Violation;
b) the complaint was submitted in accordance with Subdivision 2 of Subsection A of Section 153.03 of this Code.
2. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Upon acceptance of the complaint from a tenant or an enforcement agency, if the complaint is supported by an Order, then the complaint shall be treated as a referral to the REAP and rent reduction under Section 162.03, and shall be processed under that section.
3. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Upon acceptance of the complaint from a tenant, if the complaint is not supported by an Order, the Department will notify the landlord of a HEP filing and indicate the date of the scheduled hearing, which shall be no sooner then thirty days and no later then forty-five days from the date of the Department’s notification. To the extent feasible, the hearing shall be coordinated with any General Manager’s hearing scheduled under Section 161.801 et seq.
4. (Added by Ord. No. 173,810, Eff. 4/16/01.) If the complaint is not supported by an Order, the Department shall also refer the complaint for inspection pursuant to Section 161.602.
5. (Added by Ord. No. 173,810, Eff. 4/16/01.) In the event the Department determines that the complaint was submitted in bad faith or was frivolous, the complaint shall be denied. The complaint is frivolous if it is either totally and completely without merit, or is submitted for the sole purpose of harassing an opposing party. However, the tenant may appeal the Department’s decision to a hearing officer and a hearing will be held on the issue of whether or not the complaint is frivolous - not on the merits of the complaint itself. If a complaint is found to be frivolous by a hearing officer, the tenant will be barred from filing an additional application through the HEP for one year.