Editor's Note: The title of this chapter was amended by
§ 75 of Ord. 99-548. The chapter was previously titled "Maximum
Allowable Rents."
No landlord shall demand, accept or retain rent for a rental
unit exceeding the maximum allowable rent for that unit or impose
a rent increase for any rental unit except as hereinafter provided
in this title.
For tenancies commencing prior to January 1, 1996:
1.
From
the effective date of the ordinance codified in this title to September
1, 1985, the maximum allowable rent shall be that rent permitted under
Ordinance No. 5 of the City of West Hollywood.
2.
Beginning September 1, 1985, the maximum allowable rent shall be the base rent as defined in Chapter 17.08 increased by any adjustments allowed through August 31, 1996 under this title and any subsequent lawful rent increases actually implemented pursuant to this title. The maximum allowable rent shall not include any general adjustments beginning with the September 1, 1996 general adjustment, unless the adjustment was lawfully implemented during the period when said adjustment was available.
3.
For
tenancies created on or after January 1, 1996, the maximum allowable
rent shall be the initial rental rate established for the tenancy,
based upon the monthly amount actually demanded, received or collected,
plus any adjustments allowed under this title, subject to the following
limitations:
4.
For a unit in which there is a government subsidy to the tenant through the Section 8 Housing Choice Voucher program, the maximum allowable rent shall not exceed the base rent as defined in Sections 17.08.010(13)(i) and (ii), less any decrease ordered pursuant to Section 17.44.040 or 17.56.010. Any decrease in maximum allowable rent ordered as the result of the landlord's failure to perform minimum required maintenance or substantial reduction of a housing service shall be only from that portion of rent paid to owner by the Section 8 tenant.
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Any decrease in maximum allowable rent ordered as the result
of the landlord's failure to perform minimum required maintenance
or substantial reduction of a housing service shall be only from that
portion of rent paid to owner by the Section 8 tenant. [Editor's Note:
This subsection added by Ord. 03-650U; effective May 1, 2003.]
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(Prior code § 6408(a); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 7, 1985; Ord. 85-79U § 1, § 7,
1985; Ord. 85-84U § 2,
1985; Ord. 87-135 § 7,
1987; Ord. 87-135U § 7,
1987; Ord. 90-267 § 1,
1990; Ord. 90-267U § 1,
1990; Ord. 91-372 §§ 1,
2, 1991; Ord. 93-381 § 1,
1993; Ord. 95-430 § 1,
1995; Ord. 95-430U § 1,
1995; Ord. 95-449U §§ 6,
7, 1995; Ord. 99-548 § 8,
1999; Ord. 03-650U § 7,
2003; Ord. 14-942U § 3,
2014)
1.
Landlords may demand, accept or retain the amount of security allowed in Civil Code Section 1950.5 upon the commencement of a new tenancy. The initial amount received, including, but not limited to, any amount designated as last month's rent, shall not be increased for any tenant during the term of tenancy except as provided by subsection (2) of this section. Any amount designated as last month's rent shall apply toward the rent for the last month of tenancy. In no event may the total security deposit collected exceed the maximum set by state law.
2.
Additional Pet Deposit.
(a)
For tenancies commencing before March 24, 2022, a landlord may collect
an additional security deposit of up to one months' rent with the
written consent of the tenant(s) who are providing a deposit where
the landlord agrees in return for said deposit to permit the tenant(s)
to have pets which were not permitted previously during the tenancy.
However, in no event may the total security deposit collected exceed
the maximum set by state law.
(b)
For tenancies commencing on or after March 24, 2022, a landlord may
not collect an additional security deposit at any time during the
tenancy to permit the tenant(s) to have a pet(s) allowed by this chapter
even if not permitted previously during the tenancy. The tenant(s)
may have a pet pursuant to this paragraph only if it does not interfere
with the quiet enjoyment of the premises by other persons or otherwise
constitute a nuisance or a threat to the health, safety or welfare
of other persons residing in or having lawful access to the premises.
3.
Interest
on security deposits retained by landlords through December 31, 1993
shall become due and payable at the rate of five and one half percent
per annum on or before February 28, 1994. Such payment may be in the
form of a direct payment or a credit against rent for January or February,
1994.
4.
Beginning
with the calendar year 1994, interest on security deposits retained
by landlords shall accrue at rates to be determined annually by the
Rent Stabilization Commission in accordance with the formulas set
forth in the Rent Stabilization Regulations.[1] The applicable rates of interest for each year shall be
announced by the Commission on or before September 1st of the same
year. On or before January 31st of the following year, the landlord
shall make a payment to the tenant or allow a rent credit for interest
on the amount held as security deposit for the previous year ending
December 31st. Such payment or rent credits shall continue to be made
annually until such time as the security deposit is returned to the
tenant or entitled to be used by the landlord. Any interest accrued
to the benefit of a tenant who vacates a rental unit shall be paid
to the tenant upon departure from the premises.
[1]
Editor's Note: The "Rent Stabilization Regulations" are published
separately. A copy may be reviewed and/or obtained by contacting the
Department of Rent Stabilization.
5.
Except as provided in subsection (2)(a) above, a security deposit, once established cannot be raised for the duration of the tenancy. For purposes of this subsection, where several tenants occupy one unit, the tenancy shall be deemed to continue so long as any one of the tenants who occupied the unit when the security deposit was set continues to occupy the unit. The annual general adjustment pursuant to Chapter 17.36 does not apply to a security deposit.
(Prior code § 6408(b); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 7, 1985; Ord. 85-79U § 1, § 7,
1985; Ord. 85-84U § 2,
1985; Ord. 87-135 § 7,
1987; Ord. 87-135U § 7,
1987; Ord. 90-267 § 1,
1990; Ord. 90-267U § 1,
1990; Ord. 91-372 §§ 1,
2, 1991; Ord. 93-381 § 1,
1993; Ord. 95-430 § 1,
1995; Ord. 95-430U § 1,
1995; Ord. 95-449U §§ 6,
7, 1995; Ord. 99-548 § 25,
1999; Ord. 22-1177 §§ 3
– 5, 2022)
1.
Application Fees. After September 1, 1985, and continuing
through, and including December 31, 1996, no person or entity shall
request or demand an application fee from a prospective tenant as
a prerequisite to applying for or renting a rental unit. Effective
January 1, 1997, a landlord may charge an "applicant," as defined
in Civil Code Section 1950.6, an application screening fee in an amount,
and upon the conditions, set forth in that code section.
In charging the application screening fee, the landlord shall
comply with all requirements and procedures set forth in Civil Code
Section 1950.6.
2.
Replacement Fees. No landlord shall charge a tenant a replacement
fee for a key or security card which exceeds the actual replacement
cost without the prior approval of the Commission.
3.
Bounced Check Fees. No landlord shall charge a tenant a
fee for a bounced check which exceeds the fee charged by the bank
for the return of the check.
4.
Late Payment Fees. Fees for late payment of rent shall under
no circumstance exceed a total of one percent of the monthly rent
for each payment of rent which is five or more days overdue.
(Prior code § 6408(c); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 7, 1985; Ord. 85-79U § 1, § 7,
1985; Ord. 85-84U § 2,
1985; Ord. 87-135 § 7,
1987; Ord. 87-135U § 7,
1987; Ord. 90-267 § 1,
1990; Ord. 90-267U § 1,
1990; Ord. 91-372 §§ 1,
2, 1991; Ord. 93-381 § 1,
1993; Ord. 95-430 § 1,
1995; Ord. 95-430U § 1,
1995; Ord. 95-449U §§ 6,
7, 1995; Ord. 97-484 § 1,
1997)
Notwithstanding any provision to the contrary in any lease or written agreement, a landlord shall not charge any rent above the rent allowed in Section 17.32.010 if a new tenant is added either with the consent or agreement of the landlord or pursuant to the provisions of Section 17.52.010(2).
(Prior code § 6408(d); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 7, 1985; Ord. 85-79U § 1, § 7,
1985; Ord. 85-84U § 2,
1985; Ord. 87-135 § 7,
1987; Ord. 87-135U § 7,
1987; Ord. 90-267 § 1,
1990; Ord. 90-267U § 1,
1990; Ord. 91-372 §§ 1,
2, 1991; Ord. 93-381 § 1,
1993; Ord. 95-430 § 1,
1995; Ord. 95-430U § 1,
1995; Ord. 95-449U §§ 6,
7, 1995)
During the period of August 6, 1993 through December 31, 1995, no existing tenant(s), regardless of the amount of the maximum allowable rent permitted by Section 17.32.010(1) for the unit in which they reside, shall be subject to an increase in the actual amount of monthly rent charged in excess of ten percent in any twelve-month period. No landlord shall demand, accept or retain rent for a rental unit which represents an increase in actual rent charged in excess of this limitation. In calculating this percentage limitation on increases, any annual general adjustment to which the landlord is entitled pursuant to Chapter 17.36 shall be included. This limitation on rent increases shall not apply to any rent increases approved by a hearing examiner or the Rent Stabilization Commission pursuant to Chapter 17.44.
Any increase in rent which became effective on or after January
1, 1993, may not continue to be collected beyond the date of August
6, 1993 to the extent it exceeds the limitation set forth in this
subsection. Nothing in this chapter shall require that rent increases
collected prior to August 6, 1993 be rebated to the tenant.
(Prior code § 6408(e); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 7, 1985; Ord. 85-79U § 1, § 7,
1985; Ord. 85-84U § 2,
1985; Ord. 87-135 § 7,
1987; Ord. 87-135U § 7,
1987; Ord. 90-267 § 1,
1990; Ord. 90-267U § 1,
1990; Ord. 91-372 §§ 1,
2, 1991; Ord. 93-381 § 1,
1993; Ord. 95-430 § 1,
1995; Ord. 95-430U § 1,
1995; Ord. 95-449U §§ 6,
7, 1995)
Beginning January 1, 1996, notwithstanding any other provision of this title, and regardless of the amount of the maximum allowable rent permitted by Section 17.32.010(1), no landlord shall increase the actual rent demanded, accepted or retained for an existing tenancy created prior to January 1, 1996, except in accordance with the following limitations:
1.
Any increase in the actual rent demanded, accepted or retained shall not result in a rental rate which is more than ten percent greater than any rental rate in effect for that tenancy at any time during the preceding twelve-month period. In calculating this percentage limitation on increases in actual rent, any annual general adjustment to which the landlord is entitled pursuant to Chapter 17.36 shall be included. Such limitation, however, shall not apply to any rent increases approved by a final decision of either a hearing examiner or the Rent Stabilization Commission pursuant to Chapter 17.44.
2.
No
increase in the actual rent demanded, accepted or retained, other
than the percentage annual general adjustment, may be imposed unless
each of the following conditions are satisfied:
(a)
The rental unit is in compliance with all applicable fire, building,
housing and health codes and applicable housing maintenance standards;
(b)
All appliances provided to the unit by the landlord are in good working
order;
(c)
The rental unit is provided with all of the housing services and
amenities applicable to the particular unit;
(d)
The landlord is in substantial compliance with all other provisions
of this title; and
(e)
The landlord has complied with the requirements of state law and
the terms of any rental agreement regarding notice of a change in
the terms of the tenancy.
(Prior code § 6408(f); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 7, 1985; Ord. 85-79U § 1, § 7,
1985; Ord. 85-84U § 2,
1985; Ord. 87-135 § 7,
1987; Ord. 87-135U § 7,
1987; Ord. 90-267 § 1,
1990; Ord. 90-267U § 1,
1990; Ord. 91-372 §§ 1,
2, 1991; Ord. 93-381 § 1,1993; Ord. 95-430 § 1, 1995; Ord. 95-430U § 1, 1995; Ord. 95-449U §§ 6, 7, 1995)
The provisions of this chapter may not be waived by any oral
or written agreement. Any such agreement or other action purporting
to waive any rights established in this chapter is contrary to public
policy and void.
(Prior code § 6408(g); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 7, 1985; Ord. 85-79U § 1, § 7,
1985; Ord. 85-84U § 2,
1985; Ord. 87-135 § 7,
1987; Ord. 87-135U § 7,
1987; Ord. 90-267 § 1,
1990; Ord. 90-267U § 1,
1990; Ord. 91-372 §§ 1,
2, 1991; Ord. 93-381 § 1,
1993; Ord. 95-430 § 1,
1995; Ord. 95-430U § 1,
1995; Ord. 95-449U §§ 6,
7, 1995)
Landlords shall accept rent payments from tenants in whole or
in part in the form of third party checks from social service agencies
under contract with the city.
(Ord. 14-942U § 4, 2014)
(a)
For purposes of this section, "side agreement" shall mean an agreement
that is not part of the underlying or primary oral or written lease
agreement that establishes the base rent.
(b)
No side agreement charging a fee or rent for the provision of any
housing service in the rental unit or common area that is connected
with the use and occupancy of the rental unit shall be permitted.
(c)
On or after March 24, 2022, no side agreement charging a fee or rent
for the provision of an on-site, off-street parking space shall be
permitted.
(d)
The landlord shall provide each prospective tenant with a written
disclosure that shall comply with the following:
(1)
The disclosure shall be in English, Spanish, and Russian, be in at least 12-point type, and state: "An agreement charging additional fees or rent for provision of any housing service in the rental unit or common area that is connected with the use and occupancy of the rental unit, including parking, is prohibited under West Hollywood Municipal Code Section 17.32.090. The landlord and tenant may, however, negotiate to exclude certain housing services, including parking, from the tenancy, and the initial rent may be adjusted accordingly based on the parties' agreement. If at any time during the tenancy, the landlord and tenant wish to add or remove a housing service which can be readily added to or removed from the unit and which has an ascertainable market value in the community, they may negotiate and agree to adjust, upon city approval, the maximum allowable rent (MAR) to reflect the added or removed housing service. Parties seeking to adjust the MAR should contact the city's Rent Stabilization Division."
(2)
The disclosure shall include the phone number for the Rent Stabilization
Division.
(3)
The disclosure may be provided either as a separate document or within
the body of a written lease. If provided as a separate document, it
shall be signed by the tenant. If the disclosure is included within
the body of a written lease, the landlord shall require the tenant
to initial the disclosure before they sign the lease.
(4)
The landlord shall provide the disclosure required by this subsection
to a prospective tenant before the prospective tenant enters into
a rental agreement with the landlord. The disclosure, including the
required translations, shall be provided by the Department, and shall
be given to landlords upon request.
(Ord. 22-1177 § 10, 2022)
No landlord may impose a separate fee or charge for any utility
service which is billed directly to the landlord by the utility provider.
This prohibition includes, but is not limited to, the use of ratio
utility billing systems (RUBS) or landlord installed meters that do
not establish a separate, tenant account with the utility provider.
(Ord. 22-1177 § 11, 2022)
