(Added by Ord. No. 188,481, Eff. 2/11/25, Oper. 2/11/25.)
A. Length of Affordability.
1. A Restricted Affordable Unit is subject to this section and must be restricted by a covenant acceptable to the Los Angeles Housing Department recorded with the Los Angeles County Recorder, guaranteeing that the occupancy restrictions will be observed for at least 99 years from the issuance of the Certificate of Occupancy except for:
(a) A development for which public subsidies are tied to a specified covenant period, as determined by the Los Angeles Housing Department, unless the project applicant voluntarily agrees to a covenant period of at least 99 years;
(b) For sale units, which must be consistent with the for-sale requirements of California Government Code Section 65915(c)(2);
(c) Residential units for Lower Income Students, Transitional Foster Youth, Disabled Veterans, and/or Homeless Persons, shall be provided at affordability levels as determined in Los Angeles Municipal Code Section 12.22 A.37. for at least 55 years from the issuance of the Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental subsidy program;
(d) If a lesser term is required by state or federal law, Chapter I of this Code or as a condition of approval, that term shall be no less than 55 years.
B. Requirements Regarding Unit Design, Unit Mix, Unit Size, Quality and Amenities, Access to, and Distribution of Affordable Units in Mixed-Income Developments. The Los Angeles Housing Department shall have the authority to establish and administer requirements applicable to all Restricted Affordable Units in mixed-income developments regarding the unit mix, unit size, quality and amenities, access to and distribution of affordable housing units in mixed-income Development Projects, to ensure compliance with fair housing law and any other applicable requirements, including but not limited to requirements from funding sources. The requirements shall be enforced through an approval by LAHD before permit issuance. The requirements shall be established in a set of Fair Housing Requirements for Affordable Housing created by the Los Angeles Housing Department and the Department of City Planning, and adopted by resolution by the City Planning Commission. If the City Planning Commission fails to adopt these requirements by resolution, the requirements may be presented to the City Council for their consideration and adoption. LAHD shall have the authority to interpret these requirements to best implement their goals.
1. Amendments to the Fair Housing Requirements for Affordable Housing shall be approved by the City Planning Commission, pursuant to the procedures in Section. 13B.1.5 (Guidelines or Standards Adoption/Amendment) of Chapter 1A of this Code.
2. The Director of Planning and General Manager of LAHD may prepare Implementation Memoranda, Technical Bulletins and/or User Guides for the purpose of providing additional information pertaining to this Subsection and maintaining consistency with Chapter 12, commencing with Section 66300 of the California Government Code (Housing Crisis Act of 2019).
C. Allocation of Restricted Affordable Units. Restricted Affordable Units shall be subject to the following:
1. Affirmative Marketing and Fair Housing Outreach. Sale or lease of the Restricted Affordable Units shall follow the affirmative marketing and outreach requirements of the Los Angeles Housing Department (LAHD), as outlined in a deed restriction drafted by LAHD and filed with Los Angeles County Recorder.
2. Affordable and Accessible Housing Registry. All Restricted Affordable Units shall be registered to the extent feasible on the Affordable and Accessible Housing Registry managed by LAHD, or any existing equivalent listing, when available for rent; and
3. Priority Populations. To the extent practical and consistent with any applicable local, state and federal law, and pursuant to any locally adopted guidelines, the Affirmative Marketing and Fair Housing Outreach provisions in subdivision 1. and the Affordable and Accessible Housing Registry in subdivision 2. above, as well as any other City Planning or LAHD administrative procedure, should attempt to prioritize those populations with the greatest housing needs that have been displaced by government-related actions. This may include, but not be limited to:
(a) Any person or household who has been displaced through a withdrawal of units pursuant to the Ellis Act and Sections 151.22 to 151.28 (Ellis Act Provisions) of this Code.
(b) A lower income person or household subject to a rent increase related to conversion to market-rate housing due to termination of a public funding subsidy contract, mortgage prepayment, or expiring use restrictions based on land use entitlement concessions; or
(c) A person or household displaced due to a code enforcement order, including those affected by a natural disaster that resulted in their residential unit being rendered uninhabitable.
D. Private Right of Action; Civil Penalties.
1. A covenant acceptable to the Los Angeles Housing Department shall be recorded guaranteeing compliance with the requirements of Section 16.61.
2. The covenant shall provide a private right of enforcement by the City and any aggrieved current or former tenant or tenants of any building to which a covenant and agreement applies. The aggrieved current or former tenant(s) may institute civil proceedings as provided by law, against any owner, or their successor-in-interest, for violating any of the provisions of the covenant as described in this Section 16.61 and any person who aids, facilitates, or incites another to violate any of the provisions of the covenant described in this Section 16.61, such as submitting false information to the City in response to the requirements of this section.
3. The prevailing tenant may be awarded compensatory or punitive damages. A court may impose civil penalties up to $10,000 per violation of provisions of the covenant described in this Section 16.61 depending upon the severity of that violation, tenant relocation, or other appropriate relief, as adjudged by the court. Treble damages may also be awarded for willful violations. If a prevailing tenant is 65 years or older or disabled, the court may impose additional civil penalties up to $5,000 per violation depending upon the severity of the violation of the covenant as described in this Section 16.61. The prevailing tenant shall be awarded reasonable attorney's fees and costs.
4. Any owner or their agents violating any of the provisions of the covenant as described in this Section 16.61, may be enjoined therefrom by a court of competent jurisdiction.
5. The remedies provided by this Section 16.61 are in addition to any other legal or equitable remedies and are not intended to be exclusive, nor do they preclude any tenant or the City from seeking any other remedies, penalties and punitive damages, as provided by law.
6. Any agreement, whether written or oral, waiving any of the provisions contained in Section 16.61 of this Code shall be void as contrary to public policy.
E. Relationship to Other Zoning Provisions. The provisions of Section 16.61 shall apply citywide except HPOZs. Specific Plans, Supplemental Use Districts, or other overlays may establish longer covenant lengths, requirements for unit design, mix, etc. and/or additional allocation requirements greater than those provided in Section 16.61, in which case the greater covenant length, requirements for unit design, mix, etc. and allocation requirements shall be used.