This title shall be known as the "Rent Stabilization Ordinance"
of the City of West Hollywood.
(Prior code § 6400; Ord. 85-59U § 1, 1985; Ord. 85-59 § 1, 1985; Ord. 85-79U § 1, 1985; Ord. 85-79 § 1, 1985; Ord. 97-485 § 1, 1997)
The City Council hereby finds that there presently exists a
critical shortage of rental housing within the city and surrounding
areas. Due to this shortage it is very difficult to find adequate,
safe and decent rental housing in the city at reasonable rates and
many tenants may be forced to move and relocate.
Due to the shortage of residential rental units, rents in the
city are increasing at an excessive rate. Due to high interest rates
and high land costs new construction of rental units has been occurring
at a very low rate. A substantial number of persons in the city who
rent apartments are age sixty-five or older and spend a high proportion
of their income on rent. When low and moderate income tenants are
displaced as a result of rent increases that they cannot afford to
pay, they have extreme difficulty finding affordable apartments within
the city. As a result of the shortage of moderately priced rental
space, freedom of contract and the ability of tenants to bargain in
the setting of rents has become an illusory concept.
Prior to the formation of the city on November 29, 1984, rental
rates were regulated by County of Los Angeles Ordinance No. 11950,
as amended. Total deregulation at that time would have led to immediate,
widespread and excessive rent increases resulting in the forced eviction
and dislocation of tenants, many of whom are living on low and moderate
incomes. The city, therefore, adopted a temporary moratorium ordinance
as an urgency measure on November 29, 1984 rolling back rents to those
in effect on August 6, 1984 and limiting evictions to certain specified
grounds.
The City Council hereby finds that a comprehensive rent stabilization
ordinance is required to protect tenants from unreasonable and excessive
rents, to protect tenants from involuntary displacement, to keep rents
within the city at a moderate level and at the same time to ensure
a just and reasonable return to landlords.
(Prior code § 6401; Ord. 85-59U § 1, 1985; Ord. 85-59 § 1, 1985; Ord. 85-79U § 1, 1985; Ord. 85-79 § 1, 1985)
As used in this title:
shall mean that portion of the maximum allowable rent which
resulted from the base rent, increased by any subsequent lawful adjustments
between September 1, 1985 and August 31, 1996, but which the landlord
has not charged to a tenant. This amount is still available to the
landlord to demand, collect or receive, in accordance with the provisions
of this title, from a tenant whose tenancy commenced prior to January
1, 1996.
on and after September 1, 1985 shall mean the rent in effect
for a rental unit on April 30, 1984 except in the following circumstances:
For a unit rented between January 1 and April 29, 1984, which
was vacant on April 30, 1984, "base rent" shall mean the rent in effect
during the last month the unit was rented prior to April 30, 1984.
For a unit not rented between January 1 and April 30, 1984,
"base rent" shall mean the rent first charged for the unit after April
30, 1984.
For a unit rented for the first time after April 30, 1984, "base
rent" shall mean the rent first charged for the unit.
For a unit subject to this title, then exempted under the provisions
of this title and then no longer exempt, the base rent as of the termination
of the exemption shall be the lawful rent immediately before the effective
date of the exemption adjusted by the intervening general adjustments
which would have been permitted for that unit if it had not been exempt.
For a government-owned or assisted housing unit exempt at the
adoption of this title and then no longer exempt, the base rent shall
be the first rent charged for the unit unless the previous tenancy
was terminated by the landlord by notice pursuant to Civil Code Section
1946, or was terminated upon a change in the terms of the tenancy
noticed pursuant to Civil Code Section 827, except a change permitted
by law in the amount of rents or fees, in which case the base rent
shall be the last contract rent charged for the unit.
For a unit occupied by a resident manager whose tenancy commenced
contemporaneously with his or her employment, and then placed in the
rental market, the base rent shall be the rent first charged for the
unit after departure of the resident manager; except that if the unit
was rented to a tenant at any time after January 1, 1984, the base
rent shall be the last rent charged for the unit, adjusted by any
annual adjustments permitted under this title.
For a unit occupied by a resident manager whose tenancy commenced
prior to his or her employment, and is no longer the resident manager,
the base rent shall be the same as the base rent charged for a unit
in the building with the same number of bedrooms adjusted by any annual
adjustments permitted under this title, unless the amount of the rent
can be established from the parties' agreement concerning the resident
manager services. If there is more than one unit in the building with
the same number of bedrooms and with different rents, the base rent
shall be the same as the average of the rents charged for the units
with the same number of bedrooms.
For tenants whose tenancy commenced on or after January 1, 1999,
base rent shall mean the rent charged to the tenant(s) at the inception
of the tenancy provided that amount is not in violation of this title
or any provision of state law.
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The City Council finds that a substantial portion of the rent
increases imposed during 1984 occurred between April 30, 1984 and
September 1, 1984. Further, the petition for incorporation of the
city was filed well before April 30, 1984 and the incorporation and
the imposition of rent controls by the city were probable and widely
known by April 30, 1984 and rent increases were thereafter imposed
in anticipation of a city rent control measure. The City Council therefore
finds the rents in effect on April 30, 1984 to be the appropriate
base rents.
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For tenancies governed by a Section 8 Housing Choice Voucher
Program on March 1, 2003, "base rent" shall mean the contract rent,
referred to in the Section 8 contract as "rent to owner." The contract
rent shall remain the base rent as long as the Section 8 contract
remains in effect.[1]
For tenancies governed by a Section 8 Housing Choice Voucher
Program entered into after March 1, 2003, "base rent" shall mean the
contract rent established at the inception of the Section 8 contract.
The contract rent shall remain the base rent for as long as the Section
8 contract remains in effect.[2]
shall mean a substantial change in the housing accommodations
such as would materially increase the rental value in a normal market
and will provide tenants with a benefit or service which they had
not previously enjoyed. Replacement of facilities, materials or equipment
so as to maintain the same level of services as previously provided
shall not constitute a building improvement.
shall mean an agreement wherein the landlord pays a tenant
money or other consideration to vacate a rental unit. An agreement
to settle a pending unlawful detainer action shall not be a "buyout
agreement."
shall mean an offer, oral or written, by a landlord to pay
a tenant money or other consideration to vacate a rental unit. An
offer to settle a pending unlawful detainer action shall not be a
"buyout offer."
shall mean the Rent Stabilization Commission or its designee
(the Department of Rent Stabilization or the Director of the Department
of Rent Stabilization) of the City of West Hollywood.
shall mean the same as defined in Sections 783 and 1357 of
the California Civil Code.
shall mean that portion of the Consumer Price Index for All
Urban Consumers published by the United States Bureau of Labor Statistics
for Los Angeles – Riverside – Orange County (all items,
1967 = 100).
shall mean a room or a group of two or more rooms designed,
intended, or used for human habitation.
shall mean a person who has a physical or mental impairment
that substantially limits one or more of the major life activities,
and who identifies him or herself as disabled.
shall mean any level of electric vehicle supply equipment
station that is designed and built in compliance with Article 625
of the California Electrical Code, and delivers electricity from a
source outside an electric vehicle into a plug-in electric vehicle.
shall mean a person who has been appointed by the City Manager or the City Manager's designee to perform the duties set forth in Section 17.12.010.
"Housing services for tenancies commencing before January 1,
1999,"
shall mean services provided by a landlord on or after April
30, 1984, connected with the use or occupancy of a rental unit including,
but not limited to, utilities (such as cable television, light, heat,
water, and telephone), ordinary repairs or replacements, and maintenance
(including painting, window coverings, carpeting and other floor coverings).
Housing services also include the provision to tenants of elevator
service, laundry facilities and privileges, common recreational facilities,
janitorial service, a resident manager, refuse removal, furnishings,
parking, private street cleaning and maintenance, security garages,
security locks, dead bolts and any other benefits, privileges or facilities
or the terms and conditions of tenancy.
"Housing services for tenancies commencing on or after January
1, 1999,"
shall mean services listed on the unit re-registration form
filed with and accepted by the city and any other services actually
provided by the landlord or agreed to by the landlord and tenant.
If said re-registration form has not been filed with and accepted
by the city, housing services shall mean services provided on or after
April 30, 1984 unless otherwise agreed to by the landlord and tenant.
"Housing Services for Section 8 Tenants"
shall mean services listed on a unit re-registration form
filed with and accepted by the city. If said re-registration form
has not been filed with and accepted by the city, housing services
shall mean services provided on or after March 1, 2003, or on or after
the inception of the Section 8 contract, whichever occurs later.[3]
shall mean an owner, lessor, sublessor or any other person
or entity entitled to offer any residential unit for rent or entitled
to receive rent for the use and occupancy of a rental unit, and the
agent, representative, or successor of any of the foregoing.
shall mean the maximum monthly amount, determined in accordance
with the provisions of this title, that may be demanded, collected
or received by a landlord as rent for any rental unit covered by this
title.
shall mean a carport, garage, parking lot, parking stall
or parking structure owned by the landlord and designated under the
terms of a written or oral rental agreement for rent-stabilized housing
as an area for vehicle parking either assigned to a single tenant
or residential unit, or designated as a resource shared in common.
is that dwelling unit in which habitation is fixed, wherein
the person has the intention of remaining, and to which, whenever
he or she is absent, the person has the intention of returning. At
a given time, a person may have only one principal residence. In determining
whether a person occupies a dwelling unit as a principal residence
the following factors shall be considered: (i) whether the person
carries on basic living activities at the dwelling unit; (ii) the
amount of time that the person spends at any other dwelling unit;
(iii) whether the person is a registered voter at the dwelling unit;
(iv) whether the person maintains utility services in their name at
the dwelling unit; (v) whether the person's vehicle registration,
driver's license or identification card contains the address of the
dwelling unit; (vi) whether the person receives mail at the dwelling
unit; and (vii) any other relevant factors.
shall mean the consideration paid for the use or occupancy
of a rental unit and for the provision of related housing services.
shall mean all dwelling units in the City of West Hollywood, rented or offered for rent for human habitation, the land and buildings appurtenant thereto, and all housing services provided in connection with the use or occupancy thereof. Rental units shall include, but not be limited to, apartments, condominiums, stock cooperatives, single-family residences, and hotel units not exempted under Section 17.24.010.
shall mean an increase in the rent charged for a rental unit, any substantial decrease in housing services without a corresponding decrease in rent or an increase in any security deposit or nonpayment of interest in violation of Chapter 17.32.
shall mean a person who resides on the premises and is employed
to perform or to be responsible for the operation and/or maintenance
of the rental units and the premises.
shall mean the same as the term "security" as defined in
Section 1950.5(b) of the California Civil Code, as may be amended.
shall mean a person who is sixty-two years of age or older.
shall mean one single detached structure containing one dwelling
unit for human habitation and accessory buildings appurtenant thereto
located on a lot or parcel and all housing services provided in connection
with the use or occupancy thereof. "Single-family residence" shall
not mean two or more detached dwelling units located on the same lot
or parcel.
shall mean the same as defined in Section 11003.2 of the
California Business and Professions Code.
shall mean the right or entitlement of a tenant to use or
occupy a rental unit.
shall mean a tenant, subtenant, lessee, sublessee or any
other person entitled under the terms of a written or oral rental
housing agreement to the use or occupancy of a rental unit.
shall mean the departure from a rental unit of all of the
tenants. For the purposes of this paragraph the term tenant shall
not include persons who took possession as sublessees or assignees
after January 1, 1999, if the rental agreement restricts or prohibits
subletting or assignment and the restriction has not been satisfied
or the prohibition has not been waived.
means a vacancy which occurs by the independent choice of
the tenant(s) without intimidation or pressure, and does not include
a vacancy which results from conduct by the landlord or the landlord's
agent which constitutes harassment prohibited by law, constructive
eviction, or a breach of the covenant of quiet enjoyment of the property
or a vacancy where the previous tenancy has been terminated by the
landlord by notice pursuant to Civil Code Section 1946, or was terminated
upon a change in the terms of the tenancy noticed pursuant to Civil
Code Section 827, except a change permitted by law in the amount of
rents or fees.
(Prior code § 6402; Ord. 09-810 § 1, 2009; Ord. 13-925U §§ 1, 3, 2013; Ord. 17-1017 § 2, 2017; Ord. 18-1052 § 1, 2018; Ord. 22-1177 § 2, 2022; Ord. 23-13 § 8, 2023; Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 2, 1985; Ord. 85-79U § 1, § 2,
1985; Ord. 87-135 § 1,
1987; Ord. 87-135U § 1,
1987; Ord. 89-238 § 1,
1989; Ord. 95-449U §§ 1,
2, 1995; Ord. 97-485 §§ 1–
5, 37 – 41, 46 – 50, 70, 1999; Ord. 99-539 § 1, 1999; Ord. 03-650U §§ 1, 2, 2003)
