1.
Vacancy Rent Adjustments for Single-Family Residence. Except
as otherwise provided by this section, beginning January 1, 1996,
when a single-family residence has become vacant voluntarily or by
abandonment by the tenant, or following an eviction for non-payment
of rent pursuant to Code of Civil Procedure Section 1161(2), the landlord
may set the initial rental rate for the next tenant at any amount.
2.
Vacancy Rent Adjustments for All Other Rental Units. Except
as otherwise provided by this section, beginning January 1, 1996,
when a rental unit other than a single-family residence has become
vacant voluntarily or by abandonment by the tenant, or following an
eviction for non-payment of rent pursuant to Code of Civil Procedure
Section 1161(2), the landlord may set the initial rental rate for
the next tenant at any amount that does not exceed the greater of
the following:
(a)
Fifteen percent more than the maximum allowable rent for the immediately
preceding tenancy, or
(b)
An amount that is seventy percent of the rental rate that would be
authorized for a comparable unit pursuant to 42 U.S.C.A. 1437(f),
as calculated by the United States Department of Housing and Urban
Development pursuant to Part 888 of Title 24 of the Code of Federal
Regulations. As used in this subsection (2)(b), "comparable units"
means a rental units that are approximately the same size, have the
same number of bedrooms, are located in the same or similar neighborhoods,
and feature the same, similar, or equal amenities and housing services.
3.
Limit On Frequency of Vacancy Rent Adjustments. No more
than two vacancy rent adjustments per rental unit may occur pursuant
to this chapter during the period of January 1, 1996 through December
31, 1998.
4.
Eligibility for Upward Rent Adjustment. No upward adjustment
in the maximum allowable rent may be taken pursuant to this section
if any of the following are true:
(a)
The prior tenancy was terminated by the landlord by notice for reasons
other than the non-payment of rent.
(b)
The rental unit contains serious health, safety, fire or building
code violations, excluding those caused by disaster, for which a citation
has been issued by the appropriate governmental agency and which has
remained unabated for six months preceding the vacancy.
(c)
The vacancy on which the rent adjustment is based was not a voluntary
vacancy because it resulted from conduct of the landlord or the landlord's
agent which constituted harassment prohibited by law, constructive
eviction, or a breach of the covenant of quiet enjoyment of the property.
(d)
The prior tenant did not have a bona fide landlord-tenant relationship
with the property owner or occupied the property for less than six
months and principally for the purpose of vacating the property to
establish eligibility for a vacancy rent increase under this chapter.
5.
Nothing in this section shall affect any reductions in the maximum allowable rent which are or have been ordered and remain in effect pursuant to Chapter 17.44. Such rent reduction orders shall operate to reduce the maximum allowable rent, including any adjustments authorized by this section, by the amount of the reduction ordered.
6.
Special Rules for Section 8 Tenancies. Any other provision
of this title notwithstanding, no decrease in rent for a Section 8
tenancy shall be ordered for any substantial reduction in a housing
service or failure to perform minimum required maintenance caused
by an act of the tenant, whether intentional or negligent, except
acts resulting in ordinary wear and tear. Nor shall any rent decrease
be ordered due to the substantial reduction of a housing service unless
that housing service was provided on March 1, 2003, or on or after
the inception of the Section 8 contract, whichever occurs later. Any
decrease ordered pursuant to this section shall be from the portion
of rent paid by the Section 8 tenant only. [Editor's Note: This subsection
added by Ord. 03-650U; effective May 1, 2003.]
(Prior code § 6410(a); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 9, 1985; Ord. 85-79U § 9, 1985; Ord. 85-84U § 3, 1985; Ord. 85-92 § 1, 1985; Ord. 85-92U § 1, 1985; Ord. 87-135 § 9, 1987; Ord. 87-135U § 9, 1987; Ord. 87-168 § 1, 1987; Ord. 87-172 § 1, 1987; Ord. 89-238 § 2, 1989; Ord. 89-244 §§ 1, 2, 1989; Ord. 91-311 § 3, 1991; Ord. 94-428 § 4, 1994; Ord. 95-449U § 9, 1995)
1.
Except
as otherwise provided by this section, beginning January 1, 1999,
a landlord may set the initial rental rate for the next tenant at
any amount.
2.
Eligibility for Upward Rent Adjustment. No upward adjustment
in the maximum allowable rent may be taken pursuant to this section
if any of the following are true:
(a)
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.
(b)
For tenancies created on or after January 1, 2000, 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 implemented under this chapter. However, the
maximum allowable rent shall be the last rent legally charged the
previous tenant under the following circumstances:
(i)
The rental unit has been cited in an inspection report by an appropriate
governmental agency which has determined that the rental unit contains
serious health, safety, fire, or building code violations, as defined
by Section 17920.3 of the Health and Safety Code;
(ii)
The violation(s) is not the result of a disaster;
(iii)
The inspection report was issued at least sixty days prior to
the date of the vacancy;
(iv)
The violation(s) listed in the inspection report remained unabated
when the prior tenant vacated and had remained unabated for sixty
days or for a longer period of time; and
(v)
The agency issuing the inspection report has not granted an extension
of time beyond sixty days, or an extension of time has been granted
but the violations remain unabated after the extension of time has
passed.
(c)
The vacancy on which the rent adjustment is based was not a voluntary
vacancy because it resulted from conduct of the landlord or the landlord's
agent which constituted harassment prohibited by law, constructive
eviction, or a breach of the covenant of quiet enjoyment of the property.
The initial determination that a vacancy was not voluntary may be
made administratively based on information received by the Department,
subject to the owner's right to file an administrative appeal with
the Director to establish whether or not the vacancy was voluntary
and to determine the maximum allowable rent.
(d)
The prior tenant did not have a bona fide landlord-tenant relationship
with the property owner or occupied the property for less than six
months and principally for the purpose of vacating the property to
establish eligibility for a vacancy rent increase under this title.
(e)
The previous tenancy was terminated as a result of the filing of
a Notice of Intent to Withdraw pursuant to Government
Code Sections 7060 through 7060.7 (the Ellis Act), or the previous
tenancy was terminated pursuant to an owner-relative occupancy, and
the owner-relative occupant has now moved out of the unit. For the
purposes of this section, an owner-relative occupant is not a tenant.
If the eviction was pursuant to the Ellis Act, the landlord
shall not be entitled to set an initial rent for a period of five
years after the notice of intent to withdraw is filed with the city
(whether or not the notice of intent to withdraw is rescinded or the
withdraw of the accommodations is completed), or the five-year period
after the accommodations are withdrawn, whichever period is later.
If the eviction was pursuant to an owner-relative occupancy,
the initial rental rate charged to a new tenant shall be the last
lawful rent charged the tenant evicted for such owner-relative occupancy,
augmented by any intervening annual general adjustments.
(f)
The previous tenancy has been terminated upon the landlord's termination
or failure to renew a contract or recorded agreement with a government
agency that provides for a rent limitation to a qualified tenant.
In the event that a landlord terminates or fails to renew such contract
or recorded agreement, the landlord shall not be eligible to set an
initial rent for three years following the date of the termination
or non-renewal of the contract agreement. For any new tenancy established
during the three-year period, the rental rate for a new tenancy established
in the vacated dwelling unit shall be at the same rate as the rent
under the terminated or non-renewed contract or recorded agreement
with a governmental agency that provided for a rent limitation to
a qualified tenant, plus any increases authorized under this title
after the termination or cancellation of the contract or recorded
agreement.
(i)
In the event that a landlord cancels or opts not to renew a contract
or recorded agreement as described in this subsection, the landlord
must provide the affected tenant at least ninety days' written notice.
For ninety days after the date on which the landlord's notice to the
tenant is effective, the tenant may not be charged more than the tenant's
share of rent as calculated in the contract or recorded agreement
with the governmental agency. Notice under this subparagraph is effective
when it is served personally on the tenant, or on the date that the
notice is sent to the tenant via first class mail, postage prepaid.
(ii)
Subsection (f) does not apply to any new tenancy of twelve months'
or more duration established after January 1, 2000, pursuant to the
owner's contract or recorded agreement with a governmental agency,
that provides for a rent limitation to a qualified tenant, unless
the prior vacancy was pursuant to a non-renewed or canceled contract
or recorded agreement with a governmental agency that provides for
a rent limitation to a qualified tenant as set forth in that subparagraph.
(Prior code § 6410(b); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 9, 1985; Ord. 85-79U § 9, 1985; Ord. 85-84U § 3, 1985; Ord. 85-92 § 1, 1985; Ord. 85-92U § 1, 1985; Ord. 87-135 § 9, 1987; Ord. 87-135U § 9, 1987; Ord. 87-168 § 1, 1987; Ord. 87-172 § 1, 1987; Ord. 89-238 § 2, 1989; Ord. 89-244 §§ 1, 2, 1989; Ord. 91-311 § 3, 1991; Ord. 94-428 § 4, 1994; Ord. 95-449U § 9, 1995; Ord. 99-548 §§ 9, 10, 13,
1999; Ord. 00-567 § 1,
2000; Ord. 03-659 §§ 1,
2, 3, 2003; Ord. 06-731 § 2,
2006; Ord. 13-925U § 2,
2013; Ord. 14-939 § 1,
2014)
Following the setting of an initial rental rate pursuant to
this chapter, the rental rate may not be increased for the duration
of the tenancy except as otherwise authorized by this title.
(Prior code § 6410(c); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 9, 1985; Ord. 85-79U § 9, 1985; Ord. 85-84U § 3, 1985; Ord. 85-92 § 1, 1985; Ord. 85-92U § 1, 1985; Ord. 87-135 § 9, 1987; Ord. 87-135U § 9, 1987; Ord. 87-168 § 1, 1987; Ord. 87-172 § 1, 1987; Ord. 89-238 § 2, 1989; Ord. 89-244 §§1, 2, 1989; Ord. 91-311 § 3, 1991; Ord. 94-428 § 4, 1994; Ord. 95-449U § 9, 1995)
The Rent Stabilization Commission shall promulgate regulations
implementing this chapter. Such regulations shall include procedures
for verifying eligibility for the increases authorized by this chapter,
for calculating any rent increases available upon vacancy, and for
monitoring and recording the new maximum allowable rents resulting
from any adjustments available pursuant to this chapter.
(Prior code § 6410(d); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 9, 1985; Ord. 85-79U § 9, 1985; Ord. 85-84U § 3, 1985; Ord. 85-92 § 1, 1985; Ord. 85-92U § 1, 1985; Ord. 87-135 § 9, 1987; Ord. 87-135U § 9, 1987; Ord. 87-168 § 1, 1987; Ord. 87-172 § 1, 1987; Ord. 89-238 § 2, 1989; Ord. 89-244 §§1, 2, 1989; Ord. 91-311 § 3, 1991; Ord. 94-428 § 4, 1994; Ord. 95-449U § 9, 1995)
