(Amended by Ord. No. 184,446, Eff. 9/26/16.)
A. Evictions.
1. The gross amount of payment made into the escrow account by or on behalf of a tenant shall be deemed as a payment in the same amount to the property owner/landlord, including, but not limited to, for the purpose of determining whether a tenant has paid rent as provided in Section 151.09 A.1. of this Code and/or state law. In any action by a property owner/landlord to recover possession of a residential unit, the tenant may raise the fact of payments into a REAP escrow account as an affirmative defense in the same manner as if the payments had been made to and accepted by the property owner/landlord.
2. While a unit is in REAP, before bringing an action to recover possession on the basis of nonpayment of rent, the property owner/landlord shall have a duty to verify in writing with the Department that the tenant has not paid their rent to a Department escrow account. The Department shall respond within three business days to any request for verification. The property owner/landlord shall not bring an action to recover possession on the basis of nonpayment of rent without making this inquiry or if the tenant or the Department presents proof that the tenant has paid the rent demanded to the Department. The violation of this section shall not be a misdemeanor.
3. Regardless whether the unit is covered by the RSO, until the unit is removed from REAP and for 180 days thereafter, or until expiration of the period called for under Section 161.806, if applicable, whichever is later, the property owner/landlord may bring an action to recover possession of the unit only upon the grounds set forth in Section 151.09 A.
4. If the intent of a property owner/landlord in seeking to recover possession of a rental unit is retaliation against a tenant or Enforcement Agency’s exercise of rights and/or duties under this Article, and if the tenant is not in default as to the payment of rent, then the property owner/landlord may not recover possession of a rental unit in any action or proceeding or cause the tenant to quit voluntarily. Until the unit is removed from REAP and for one year thereafter, the property owner/landlord shall have the burden of proving that any action to recover possession, other than one based on nonpayment of rent, is not brought for the purposes of retaliation.
5. In any action by a property owner/landlord to recover possession of a rental unit, the tenant may raise as a defense any grounds set forth in this Section. If the tenant is the prevailing party, the tenant shall be entitled to recover reasonable attorneys’ fees and expenses.
B. Rent Increases.
1. Until the unit is removed from REAP and for one year thereafter, or until expiration of the period called for under Section 161.807, if applicable, whichever is later, the landlord or any subsequent landlord shall not increase the rent for any current or subsequent tenant except as provided by the Costa Hawkins Rental Housing Act, Civil Code Section 1954.50, et. seq., and/or applicable state law.
2. If the unit is covered by Chapter XV of the Los Angeles Municipal Code (Rent Stabilization Ordinance), no rent increase shall be allowed pursuant to Section 151.07 for reimbursement of costs for any corrections necessary to comply with the Order that resulted in the placement into REAP or any additional Orders issued while in REAP.
C. Civil Actions. Any property owner/landlord who violates any of the provisions of this section or who retaliates against a tenant or an Enforcement Agency for the exercise of rights and/or duties under this article shall be liable in a civil action for damages and a penalty of $1,000 per violation, together with reasonable attorneys’ fees and expenses. Any judgment awarded in such an action may be collected from the escrow account upon application as set forth in Section 162.07 B.