DIVISION 12 RETALIATION

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Section

161.1201   [Effect of Retaliation.]

SEC. 161.1201. [EFFECT OF RETALIATION.]

   (Added by Ord. No. 173,011, Eff. 1/30/00.)

   If the dominant intent of a landlord in seeking to recover possession of a rental unit is retaliation for the tenant’s or the Department’s exercise of rights or duties under this article, and if the tenant is not in default as to the payment of rent, then the landlord may not recover possession of a rental unit in any action or proceeding or cause the tenant to quit voluntarily.

ARTICLE 2 RENT ESCROW ACCOUNT PROGRAM

(Article Added by Ord. No. 173,810, Eff. 4/16/01.)

Section

162.00   Title.

162.01   General.

162.02   Definitions.

162.03   Referral to REAP.

162.04   Acceptance.

162.05   Rent Reduction.

162.06   REAP Hearings.

162.07   Escrow Account.

162.08   Termination of REAP.

162.09   Tenant Protections.

162.10   Contact with Tenants.

162.11   Recording of REAP Order and Termination of REAP.

162.12   Collection of REAP Fees.

162.13   Severability.

SEC. 162.00. TITLE.

   (Article and Sec. Added by Ord. No. 173,810, Eff. 4/16/01.)

   This article shall be known as the Rent Escrow Account Program of the City of Los Angeles.

SEC. 162.01. GENERAL.

   (Added by Ord. No. 173,810, Eff. 4/16/01.)

   A.   Purpose. It is the purpose of the provisions of this article to provide a just, equitable and practical method, to be cumulative to and in addition to any other remedy available at law, to enforce the purposes of the Housing Code set forth in Section 161.102, and to encourage compliance by property owners/landlords with respect to the maintenance and repair of residential buildings, structures, premises and portions of those buildings, structures and premises. (Amended by Ord. No. 184,446, Eff. 9/28/16.)

   B.   Scope. The provisions of this article shall apply to all residential units in all existing buildings, structures, and premises which contain one or more rental units as defined in Sections 151.02 or 161.301.

   C.   Notices. Any notices or written decisions required by this article shall be in plain, simple language and need not include the precise wording of this article. Service of notices shall be made in the manner prescribed by Section 161.409.

SEC. 162.02. DEFINITIONS.

   (Added by Ord. No. 173,810, Eff. 4/16/01.)

   The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined here shall be construed as defined in Sections 161.201, 151.02, and 12.03, in that order of priority, if defined there.

   DEPARTMENT. Refers to the Los Angeles Housing Department (LAHD); Housing and Community Investment Department (HCID); and all other successor entities. (Added by Ord. No. 184,446, Eff. 9/28/16.)

   ENFORCEMENT AGENCY. The Department of Health Services of the County of Los Angeles, Los Angeles Department of Building and Safety, Los Angeles Fire Department, Los Angeles Housing Department, California Department of Housing and Community Development, and all their successors, and/or any other governmental agency that inspects rental units for the purpose of compliance with health, safety, or housing laws. (Amended by Ord. No. 187,122, Eff. 8/8/21.)

   ORDER. Any order or notice to comply, correct or abate a condition or violation issued by an Enforcement Agency.

   RAC. The Rent Adjustment Commission, or its successor.

   REAP. The Rent Escrow Account Program provided in this article, including the escrow account and the rent reduction.