The provisions of this chapter shall apply to all residential rental units located within the city renting for less than four hundred fifty dollars per month, except as provided in Section 4.02.030, as of September 1, 1979.
(Ord. 1213 § 2, 1984)
means any owner, lessor, operator or manager of apartments,
condominiums or mobile home parks. The term "landlord" shall also
include the owner, lessor or manager of any single-family residence
which is occupied by a renter.
means the consideration, including any bonus, benefit or
gratuity, demanded or received by a landlord for the use and occupancy
of a residential rental unit, including services, amenities and security
deposits.
means any mobile home space, apartment, condominium or single-family
residence, or other living quarters, occupied by any person other
than the owner for payment of rent pursuant to an oral or written
lease, or other form of rental agreement. The term "residential rental
unit" shall not include any premises subject to the transient occupancy
tax of the city for any period during which such tax is actually collected
and paid to the city.
means any person entitled to occupy such apartment, mobile
home, condominium or other residential unit pursuant to an oral or
written lease with the owner thereof, or pursuant to some other rental
agreement with the owner, lessor, operator or manager thereof.
(Ord. 1213 § 2, 1984; Ord. 1299 § 1, 1988)
The following rental units shall be exempt from the provisions
hereof:
(1)
Units
used primarily for commercial purposes;
(2)
Units
in buildings, mobilehome parks, or developments of four units or less
where one unit is occupied by the owner;
(3)
Units
upon which construction began on or after April 1, 1979;
(4)
Units
in any hotel, motel, inn, tourist home or boardinghouse which are
rented primarily to transient guests and are subject to the transient
occupancy tax of the city for any period during which such tax is
actually collected and paid to the city;
(5)
Spaces
in any recreational vehicle park;
(6)
Units
in nonprofit cooperatives when occupied by the shareholder entitled
to exclusive possession thereof;
(7)
Units
in any hospital, medical care facility, asylum, or nonprofit home
for the aged;
(8)
Units
owned, managed or operated by any government agency;
(9)
Units
whose rent is subsidized by any governmental agency, if federal or
state law or regulation specifically exempts such units from rent
regulation.
(Ord. 1213 § 2, 1984; Ord. 1299 §§ 2, 3, 4, 1988)
(a)
From
September 1, 1979, which shall be deemed to be the effective date
of the ordinance codified in this chapter, until such time as this
chapter is no longer deemed necessary by the city council and approved
by the majority of the voters of the city, no landlord of any residential
rental unit covered by this chapter shall request, demand or receive
a rent increase in excess of three-fourths of the increase in the
cost of living as indicated in the latest available Consumer Price
Index (CPI) for the city of Los Angeles. No landlord shall be entitled
to more than one such rent increase in any twelve-month period.
(b)
As
used herein, the term "Consumer Price Index for the city of Los Angeles"
means that portion of the consumer price index published by the United
States Department of Labor for the Los Angeles-Anaheim-Riverside Metropolitan
area, designated as all urban consumers, all items, 1967 = 100, or,
if discontinued, such other consumer price index which, subject to
adjustment, most nearly results in a similar consumer price index.
(c)
Computation
of rent increases allowable by this chapter shall be according to
the following formula:
(1)
The cumulative allowable percentage rent increase (I), expressed
as a decimal figure may be calculated as follows:
|
I = (A/B — 1) x .75
|
|
where A is the latest available consumer price index, and B
is the consumer price index for the base rent month (CPA for September,
1979 is 220.7);
|
(2)
Multiply the cumulative allowable percentage rent increase by the base rent, as determined by Section 4.02.050. The resulting figure (allowable cumulative increase) added to the base rent is the maximum allowable rent;
(3)
Subtract the current rent from the maximum allowable rent. The resulting
figure is the maximum current increase in the rent;
(4)
At the landlord's option, for bookkeeping convenience, the rent (base
rent plus allowable cumulative increase) may be rounded to the nearest
dollar, provided such adjustment is made for all rental units included
in any group of rental units.
(Ord. 1213 § 2, 1984; Ord. 1299 § 5, 1988)
The base rent, for purposes of this chapter, and for computation
of allowable rent increases, shall be the monthly rent charged on
September 1, 1979, except:
(1)
If
the unit was held as of September 1, 1979, under a lease which provided
for monthly rental payments of unequal amounts, the monthly rent charged
on September 1, 1979, shall be deemed to be the total rent due under
such lease divided by the number of months of said lease; and
(2)
If
the unit was vacant or not yet completed or otherwise exempt from
application of this chapter, as of September 1, 1979, the base rent
shall be the monthly rent charged when the unit first became occupied
as a rental unit after September 1, 1979, and the base rent month
shall be the month when such unit first became occupied.
(Ord. 1213 § 2, 1984; Ord. 1299 § 6, 1988)
(a)
If
the application of this chapter, or any section thereof, would operate
to confiscate the owner's property in violation of the Constitution
of the United States or the California Constitution, then such act,
section or part shall not apply to the owner regarding such property.
(b)
No
landlord shall increase any rent pursuant to this section unless and
until the owner shall first obtain a judicial declaration or ruling
by the rent review commission that such increase in rent is necessary
under this section, unless the tenant agrees in writing that such
rent increase may become effective without such judicial declaration.
No landlord shall evict or threaten to evict a tenant or refuse or
threaten to refuse to renew or extend any rental agreement, lease
or tenancy of any tenant based solely on the refusal of such tenant
to agree to such increase in rent.
(c)
Any
landlord who violates this provision shall be liable in a civil action
to such tenant or prospective tenant for damages of three hundred
dollars per violation and reasonable attorneys' fees. No provision
in any lease or rental agreement shall be enforceable in which the
tenant agrees in advance to pay any rent increase which the landlord
may later deem, without judicial determination, to be required pursuant
to this section.
(Ord. 1213 § 2, 1984)
Any landlord who shall petition or apply to the rent review commission for a hardship adjustment, and who shall be granted any such hardship adjustment as to any one or more residential units, may adjust the rent of such unit or units in an amount not exceeding the amount of the hardship adjustment so granted or approved by the rent review commission, upon giving to the tenant such written notice as is required by law. Service upon a tenant of a copy of the petition or application to the rent review commission for a hardship adjustment of rent shall be deemed to constitute the notice of rent increase referred to in Section 4.02.080; provided, however, that the tenant shall be entitled to at least thirty days' written notice of the actual dollar amount of any rent increase.
(Ord. 1213 § 2, 1984)
(a)
No
landlord shall reduce or eliminate any service to any rental unit
so long as this chapter is in effect, unless and until a proportionate
share of the cost savings resulting from such reduction or elimination
is passed on to the tenant in the form of a decrease in rent.
(b)
If
a landlord who provides services to a rental unit in the nature of
utility services shall reduce or eliminate such service by separate
metering or other lawful means of transferring from the landlord to
the tenant the obligation for payment for such services, the cost
savings, if any, resulting from such reduction or elimination to be
passed on to the tenant in the form of a decrease of rent shall be
deemed to be the cost of such transferred utility service for the
month of September, 1979. If for any reason the utility bill for such
service for the month of September, 1979, is not representative of
the normal or usual cost of such utility service at that time, or
if either landlord or tenant shall protest the use of the September,
1979, billing as the measure of such cost savings, then the computation
of such cost savings shall be based upon the average monthly charge
for such service for the period of September, 1978 through August,
1979, inclusive, or such other period as the parties shall mutually
agree is representative of such cost savings.
(c)
For
purposes of this section, in determining cost savings to be passed
on to the tenant in the form of decreased rent, the cost of installation
of separate utility meters, or similar or analogous costs to the landlord
to shift the obligation for payment of utility costs to the tenant,
shall not be considered. Nothing stated herein shall be construed
to prohibit or prevent the consideration or inclusion of such costs,
together with other operational costs of a landlord, in any proceeding
before the rent review commission.
(Ord. 1213 § 2, 1984)
(a)
Except as otherwise provided herein, and notwithstanding any other provision of this Chapter 4.08 to the contrary, in the event any tenancy in any residential rental unit, excluding any tenancy in any mobile home space as defined in Civil Code § 798.12, is terminated as the result of consensual action of a landlord and tenant, or as the result of a lawful involuntary eviction or termination by a landlord, the maximum allowable rent for any such residential rental unit, excluding any mobile home space, may be adjusted without regard to the provisions of this chapter, and such residential rental units shall no longer be subject to the provisions of Chapters 4.02 or 4.04.
(b)
The foregoing subsection (a) providing for vacancy decontrol shall not apply, and there shall be no decontrol of rents upon the termination of any tenancy in any residential rental unit, excluding any tenancy in any mobile home space as defined in Civil Code § 798.12, in any of the following circumstances:
(1)
The termination of any tenancy with respect to any residential rental
unit, excluding any tenancy in any mobile home space as defined in
Civil Code § 798.12, as the result of the termination of any
rental assistance paid to any tenant pursuant to any federal or state
program of rental assistance;
(2)
The termination of any tenancy with respect to any residential rental
unit, excluding any tenancy in any mobile home space as defined in
Civil Code § 798.12, by a landlord on any ground other than (i)
a default in the payment of rent on the part of the tenant, (ii) a
breach of any provision of any lease or rental agreement by the tenant,
(iii) a nuisance committed by or permitted to exist by any tenant,
(iv) where a residential rental unit is utilized by or permitted to
be utilized by the tenant for any illegal purpose including, but not
limited to, the purchase and sale of controlled substances, or acts
or prostitution, or (v) where the landlord in good faith seeks to
recover possession of the residential rental unit to be occupied by
the landlord, or the children, parents, siblings, grandparents, father-in-law,
mother-in-law, son-in-law, or daughter-in-law of such landlord for
residential purposes.
(3)
The termination of any tenancy with respect to any residential rental
unit, excluding any tenancy in any mobile home space as defined in
Civil Code § 798.12, where the landlord has engaged in a course
of conduct resulting in an unreasonable interference with the tenant's
comfort, safety, or enjoyment of such residential rental unit.
(Measure KK § 2, 1994)
(a)
A
notice of rent increase allowable by this chapter may be served at
any time. Any such increase shall become effective not less than ninety
days after service of notice by the landlord on the tenant. All notices
of rent increase shall be served in the manner described by law.
(b)
If
any notice required by this chapter is not served on the tenant, the
tenant shall not be required to pay any increase in rent until ninety
days after such notice is served.
(c)
If any notice of rent increase, served pursuant to subsection (a) of this section, does not state the actual dollar amount of such rent increase, a supplemental or additional notice which does state the actual dollar amount of such rent increase shall be served upon the tenant, in the manner prescribed by law, not less than thirty days prior to the effective date of such rent increase.
(Ord. 1213 § 2, 1984; Ord. 1299 § 7, 1988)
(a)
Landlords
shall register each rental unit subject to the provisions of this
chapter with the rent review commission.
(b)
On
or after June 1, 1984, no landlord shall increase rent for any rental
unit subject to the provisions of this chapter without first:
(1)
Having registered said unit at least thirty days earlier with the
rent review commission; and
(2)
Notifying the tenant or the prospective tenant in writing of the
base rent of said unit, and the present rent of said unit, and the
date of the last previous rent increase; and
(3)
Paying to the rent review commission the initial registration fee
as provided in subsection (c) of this section.
(c)
The
landlord shall pay for each rental unit subject to the provisions
of this chapter an initial registration fee according to the following
schedule:
|
Number of Units
|
Per-Unit Fee
|
|---|---|
|
1—25
|
$10.50
|
|
26—100
|
10.80
|
|
101—250
|
11.00
|
|
250+
|
11.50
|
(d)
The
city council may, from time to time by resolution, require a renewal
registration of each rental unit subject to the provisions of this
chapter. The resolution may set a renewal registration fee, set a
surcharge on the rent of each unit subject to the renewal registration,
and provide appropriate penalties for failure to so register such
rental units.
(Ord. 1299 § 8, 1988)
(a)
If
the landlord demands, accepts, receives or retains any rent payment
in excess of the amounts permitted by this chapter, the tenant may
recover said sum from the landlord as actual damages, together with
a civil penalty of three hundred dollars per violation, and reasonable
attorneys' fees as determined by a court of competent jurisdiction.
(b)
In
any action for recovery of rent, or for unlawful detainer based on
nonpayment of rent, the tenant may defend such action on the ground
that the amount of rent claimed is in excess of the rent allowed by
this chapter.
(c)
The
city may bring an action for injunctive relief to prevent or remedy
any violation of this chapter.
(d)
In
any action involving the validity of any proposed or actual rent increase,
the landlord shall have the burden of proving all facts sustaining
the rent increase.
(e)
Nothing
in this section is intended to limit or preclude any other lawful
defense, cause of action, or claim of the landlord or tenant.
(f)
The failure on the part of any landlord to comply with the provisions of Section 4.02.075(a) or the actions of any landlord in violation of Section 4.02.075(b) of Chapter 4.02 shall be a defense in any action or legal proceeding to recover possession of a residential rental unit otherwise subject to the provisions of this chapter.
(g)
In any action or other legal proceeding to recover possession of a residential rental unit otherwise subject to the provisions of Chapter 4.02, a landlord shall allege in the complaint for possession substantial compliance with the provisions of Section 4.02.075(a) and shall further allege that the landlord has not violated any of the provisions specified in Section 4.02.075(b). Failure of the landlord to comply with this subsection shall be an additional defense to any action or other legal proceeding for possession of a residential rental unit otherwise subject to the provisions of this Chapter 4.02.
(Ord. 1213 § 2, 1984; measure KK § 2(d), 1994)
(a)
No
landlord shall in any way retaliate against any tenant for the tenant's
assertion of, or exercise of any right under this chapter. Such retaliation
shall be subject to suit for actual and punitive damages, injunctive
relief, and attorneys' fees. Such retaliation shall also be an available
defense in an unlawful detainer action.
(b)
In
any action in which such retaliation is an issue, the burden shall
be on the landlord to prove that the dominant motive for the act alleged
to be in retaliation was in fact other than retaliatory.
(Ord. 1213 § 2, 1984)
