Editor's Note: The title of this chapter was amended by
§ 62 of Ord. 99-548. The chapter was previously titled "Permissible
Reasons for Terminating or Refusing to Renew a Tenancy."
A tenancy shall not be terminated, nor shall its renewal be
refused, except for one or more of the following reasons:
1.
Nonpayment of Rent. The tenant has failed to pay the rent
to which the landlord is lawfully entitled. Other than rent paid in
advance at the beginning of the tenancy, rent is due and payable on
the date specified in the rental agreement, provided that the rental
due date is a day within the term, whether the term be by the day,
week, month, quarter or year. When a landlord and tenant enter into
an agreement for the provision of any housing service which was not
part of the original terms of the tenancy, any monies paid pursuant
to that agreement shall not be considered rent, unless otherwise permitted
by this title. Neither the refusal of a tenant to enter into such
an agreement, nor the breach of such agreement shall be grounds for
termination of the tenancy.
2.
Violation of Obligation of Tenancy. The tenant has materially
and substantially breached an obligation or covenant of the tenancy,
and has failed to cure such material and substantial breach of the
lease or agreement within a reasonable time after having received
written notice from the landlord, except that the following may not
be grounds for termination or nonrenewal of a tenancy:
(a)
The failure to surrender possession of the rental unit upon the expiration
of a specified term;
(b)
The failure to pay rent in excess of the maximum allowable rent;
(c)
Occupancy of the rental unit by one additional person in excess of
the number of persons permitted by the rental agreement, if the additional
person is the spouse, registered domestic partner, brother, sister,
parent, grandparent, or non-dependent child or grandchild (by blood
or adoption);
(d)
In addition to any occupancy permitted under subsection (c), occupancy of the rental unit by any number of persons in excess of the number of persons permitted by the rental agreement, if the excess occupancy results from the birth, adoption, or change of legal custody of a minor child or children whom the tenant or head of household or his or her spouse or registered domestic partner is the parent or legal guardian. This subsection does not permit occupancy by a number of persons in a rental unit in excess of any maximum allowable occupancy established by the City's Housing Code;
(e)
Occupancy of the rental unit by one additional person in excess of
the number permitted by the rental agreement, if that person is necessary
to assist the tenant due to the tenant's physical condition and a
licensed physician certifies that the tenant's condition requires
a full-time live-in assistant for medical purposes;
In the event of occupancy of one additional person (or multiple
children resulting from a single birth) in the unit as provided for
above in subsections (2)(c) through (2)(e), the tenant shall provide
the owner with written notification of the addition of the new person
and describe the relation of the new person with the tenant.
(f)
Possession of one or more pets, if the possession of pets of substantially
the same type and number have been permitted at any time during the
tenancy and the tenancy commenced before March 24, 2022; or, if the
tenancy commenced on or after said date, possession of one domesticated
dog, cat, or bird weighing not more than thirty-five pounds.
No pet in possession of a tenant may 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.
(g)
Possession of two or fewer pets, if:
(i)
The tenant who is the guardian of the pet(s) is more than sixty-two
years of age, or is disabled, or is living with HIV/AIDS,
(ii)
The pet or pets are domesticated dogs, cats or birds weighing
not more than thirty-five pounds,
(iii)
The pet or pets do 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,
(iv)
The tenant does not reside in a condominium unit, and
(v)
The tenant deposits with the landlord, upon demand therefor, an increase
in the security deposit of not more than twenty-five percent of the
existing security deposit, but in no event to exceed the maximum allowed
by the California Civil Code. But a landlord may not charge an additional
security deposit for an emotional support animal that the tenant's
treating physician or a psychiatrist has prescribed as medically necessary
to help the tenant cope with his or her disability or for which the
tenant has established medical necessity under state or federal law.
Nothing in this paragraph is intended to contradict any provision
of state or federal law which also prohibits landlords from charging
a security deposit for service animals such as seeing-eye dogs or
signal dogs. This subparagraph does not apply to tenancies commencing
on or after March 24, 2022, after which date no landlord may charge
a new tenant, if a tenant described in subsection (2)(g)(i) above,
an additional security deposit for a pet or pets;
(h)
The violation of a covenant or obligation of a tenancy if the landlord
has not provided the tenant with a written statement of the respective
covenants and obligations of both the landlord and tenant prior to
such alleged violations. Furthermore, such statement must have set
forth the particular covenant or obligation subsequently alleged to
have been violated. A landlord may not unilaterally change the terms
of tenancy and then evict the tenant for violation of the added covenant
unless the tenant has agreed in writing to the additional covenant.
(i)
Notwithstanding any other provision of this section, a landlord may
evict a tenant if he or she does not comply with either of the following:
(a) a change in tenancy required by a government agency charged with
responsibility for ensuring public health, welfare, and safety in
residential buildings; (b) a change in tenancy relating to health
or safety conditions at the premises that is required by an insurance
company as a condition of providing coverage; or (c) a change in tenancy
required to comply with federal, state or local law,
(ii)
Any notice of change of terms or conditions to a tenant based
either upon a warning by a government agency or based upon a letter
from an insurance company threatening withdrawal or nonrenewal of
insurance is void unless there is attached thereto:
(1)
The warning or notice from the government agency, if the notice
is based upon a warning or order issued by a government agency, or
(2)
The insurance company communication, which must be in writing
and must be based upon written insurance company policy which must
be cited in the letter, if the notice is based upon a threat of withdrawal
or nonrenewal of insurance.
|
This subsection (subsection 2) shall apply to all
eviction proceedings in progress as of the effective date of this
revised chapter, and to all eviction proceedings commenced thereafter.
|
3.
Surviving Tenant. If the original tenant vacates the unit, an additional person who has occupied the unit pursuant to subsection (2) of this section shall not be protected from eviction under this section unless the additional person lived in the unit with the tenant for at least one year and the tenant has died or become incapacitated. An individual added for medical purposes pursuant to subdivision (2)(e) of this section shall not be protected from eviction under this section.
4.
Nuisance. The tenant is committing a nuisance or permitting
a nuisance in, or is causing damage to, the rental unit or to the
appurtenances thereof or to the common areas of the housing complex
containing the rental unit. As used herein, a "nuisance" is anything
which is injurious to health, including, but not limited to, the illegal
sale of controlled substances, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property. For the purposes
of this paragraph, smoking by a tenant does not in and of itself constitute
a nuisance.
5.
Illegal Use. The tenant is using or permitting the rental unit to be used for
an illegal purpose.
a.
Home Businesses. The use of premises for a home occupation is not a basis for eviction provided that the particular home occupation is allowed under the Zoning Ordinance, and provided further that, if the home occupancy is subject to an administrative permit requirement pursuant to Section 19.36.140 of the West Hollywood Zoning Ordinance, the tenant either has, or can obtain within a reasonable period of time, the requisite administrative permit. Thirty days shall be presumed to be a reasonable period of time to secure any necessary home occupation administrative permit, but the presumption may be rebutted by evidence showing that the tenant has diligently sought to obtain a permit and the city has delayed in issuing or denying one.
b.
Home
Sharing.
i.
The use of premises for home sharing in violation of Chapter 5.66 is a basis for eviction except when the violation is the tenant's first violation for home sharing and the tenant has cured the violation within thirty days of written notice to the tenant.
6.
Refusal to Renew Lease. The tenant of a dwelling unit who
had a written lease or rental agreement which terminated on or after
the effective date of this title, has refused, after written request
or demand by the landlord, to execute a written extension or renewal
thereof within the written period prescribed by the lease or state
law for a further term of like duration with similar provisions and
on such terms as are not inconsistent with or in violation of any
provisions of this title.
An estoppel certificate in a landlord-tenant context is defined
as a document signed by a tenant which precludes allegation or denial
of a certain fact or state of facts. Tenants who are presented with
an estoppel certificate by the landlord or the landlord's agent cannot
be required to sign it unless it is on a form provided by the city.
A tenant's refusal to sign an estoppel certificate other than one
on a form provided by the city cannot be the basis for an unlawful
detainer or any other adverse action against the tenant.
7.
Refusal to Provide Access. The tenant has refused to give
the landlord reasonable access to the rental unit for the purpose
of making repairs or improvements, or for the purpose of inspection
as permitted or required by the lease or by law, or for the purpose
of showing the rental unit to any prospective purchaser or mortgagee.
The landlord shall not abuse the right of access or use it to harass
the tenant. Except in cases of emergency or when the tenant has abandoned
or surrendered the premises, the landlord shall give the tenant reasonable
notice in writing of the intent to enter and enter only during normal
business hours. The notice may be personally delivered to the tenant,
left with someone of suitable age and discretion at the premises,
or left on, near, or under the usual entry door of the premises in
a manner in which a reasonable person would discover the notice. Twenty-four
hours is presumed reasonable notice in the absence of evidence to
the contrary. If the notice is mailed to the tenant, mailing of the
notice six days in advance of an intended entry is presumed reasonable
notice in the absence of evidence to the contrary.
If the purpose of entry is to exhibit the dwelling to prospective
buyers, the notice may be given orally, in person or by telephone,
at least twenty-four hours in advance, provided that the landlord
or his or her agent has notified the tenant in writing within one
hundred twenty days of the oral notice that the property is for sale
and that the landlord or agent may contact the tenant orally for the
purpose described above. Twenty-four hours is presumed reasonable
notice in the absence of evidence to the contrary. At the time of
entry, the landlord or agent shall leave written evidence of the entry
inside the dwelling. The landlord or agent shall not abuse the right
of access to exhibit the dwelling for sale. The access to the unit
for the purpose of exhibiting for sale is limited to no more than
four hours in any given day.
8.
Subtenant. The person in possession of the rental unit is a subtenant not approved by the landlord, except that an additional person under subsection (2) of this section shall not be considered a subtenant. Where the original lease or rental agreement specifies that two or more persons may occupy a unit, the landlord may not unreasonably withhold consent for replacement tenants when an original tenant under the lease remains in the unit, and one or more authorized co-tenants or subtenants vacate the unit. The landlord may limit the number of replacement tenants to the number of authorized occupants on the original lease or rental agreement, and the landlord may require basic background information for replacement tenants, but only such information which is required to verify creditworthiness with credit reporting agencies and is consistent with rental business practices.
9.
Resident Manager or Employee. The tenant was employed by
the landlord to serve as a resident manager or other employee, was
provided with the unit as part of or as a condition of the employment
and the employment has been terminated. This provision shall not apply
to any tenant whose tenancy in the building or complex commenced prior
to assuming managerial responsibilities or whose status as a tenant
commenced prior to his or her status as a manager.
10.
Pre-Existing Tenant Before Becoming Resident Manager. In the case of a building in which the resident manager is a tenant whose tenancy commenced prior to assuming managerial responsibilities or whose status as a tenant commenced prior to his or her status as a manager and becomes unable or unwilling to continue performing the duties of a resident manager, or fails to perform the duties required in a satisfactory manner, in a rental complex where a resident manager is required by law, and there is no other existing tenant willing or qualified to assume the duties of resident manager, and there is no vacant unit which could be used by a new resident manager, one unit may be vacated by way of an eviction for the sole and exclusive purpose of placing a resident manager in that unit. This eviction is subject to the following conditions: (a) only one such eviction will be permitted; (b) the city has received written notice of the tenancy termination; (c) the tenant to be evicted is not a senior citizen, handicapped or certified by a physician as terminally ill, and must be the most recent tenant(s) to occupy a unit of the size and amenities required for the resident manager; and (d) the landlord has given the tenant a minimum of sixty days' written notice of tenancy termination along with a relocation fee in the amount provided for in Section 17.52.020. Such fee may not be waived by the tenant.
11.
Temporary Absence from Principal Residence. The tenant was
given a tenancy of specific duration in the principal residence of
a person who leaves on a sabbatical, extended vacation or temporary
absence with the intention of returning to the residence upon termination
of the leave. The agreement shall be given in writing at the inception
of the tenancy, and shall be signed by both parties. The lessor must
notify the tenant in writing of his or her intention to return and
reoccupy the unit at least sixty days in advance of the intended date
of reoccupancy. If the lessor is unable to return at the end of the
specified term for business reasons, the lessor may extend the period
of absence by another period of specific duration by a written notice
to the lessee at least thirty days in advance of the end of the sublessee's
tenancy under the written agreement.
12.
Owner or Relative Occupancy. The landlord, or his or her
spouse, parent, grandparent, brother, sister, child or grandchild
(by blood or adoption) plans to live in the unit, subject to the following
conditions and requirements as well as regulations promulgated by
the Commission:
(a)
One-Year Residency. The person in good faith intends
to occupy the unit as their principal residence for at least one full
year after termination of the tenancy. If the landlord, or any parent,
grandparent, brother, sister, child, grandchild (by blood or adoption)
or the landlord's spouse moves into a unit and occupies it for more
than thirty consecutive days during the first six months following
termination of tenancy and relocation fees were not paid to the prior
tenant, payment of such fees are required if the tenant vacated the
unit under the following circumstances:
(i)
The landlord noticed a rent increase for the unit;
(ii)
The new rental rate set forth in the notice exceeded the prevailing
market rental rate for similar units in the vicinity;
(iii)
The amount by which the new rental rate exceeded such prevailing
market rental rate is so great that no reasonable tenant, absent extraordinary
circumstances, would pay the new rental rate; and
(iv)
The noticing of the new rental rate caused the tenant to terminate
the tenancy prior to the new rental rate taking effect.
(b)
Sixty-Day Notice Period. The landlord has given at least sixty days'
written notice that he or she intends to terminate the tenancy. The
tenant may not waive the required sixty days' notice. The sixty-day
period does not begin until the landlord has paid relocation fees
to the tenant, and notice has been filed with and approved by the
City. Within ten business days, the City shall approve the notice
if:
(i)
It is on a form approved by the City, signed under penalty of perjury
declaring that all information provided on the form is true; and
(ii)
It specifies the names and current addresses of the unit's proposed
occupants, the rent paid by the tenant when the landlord served the
termination notice, and the qualifying relationship between the landlord
and the proposed occupants; and
(iii)
If the owner or qualifying relative seeks to occupy a particular
unit due to his or her medical condition, it includes accurate and
true evidence showing that the landlord's or qualifying relative's
physical needs require him or her to occupy that particular unit;
and
(iv)
It states that within thirty days of receiving the notice to
vacate, the tenant may notify the landlord in writing that he or she
would be interested in re-renting the unit if it is re-offered for
rent in the future; and
(v)
It advises the tenant to notify the landlord of future address changes;
and
(vi)
It advises the tenant to file a copy of any notice of interest
in re-renting the unit with the City of West Hollywood Rent Stabilization
and Housing Department.
|
Other than the grounds stated in subdivision (g) of this section,
the sole bases on which the landlord may choose to owner/relative
occupy one unit rather than another are the number of bedrooms and
the medical necessity of the person intending to occupy the unit.
If the landlord or qualifying relative requires a particular unit
for medical reasons, the landlord must include as part of the notice
a letter from the qualifying person's physician stating the medical
basis for the need for a particular unit.
|
|
The City may revoke its approval of the notice if it determines
that the approval was granted based on false or misleading information.
The appeal of any decision to rescind the notice approval shall be
governed by Chapter 7 of the Rent Stabilization Regulations (Appeals
of Administrative Determinations of the Rent Stabilization and Housing
Department).
|
(c)
If the unit is re-offered for rent,
the landlord shall:
1.
Provide not less than thirty days' prior written notice of such action
to the City prior to re-renting the unit;
2.
Offer the unit at the same rent paid by the tenant who was evicted
for owner-relative occupancy plus any intervening annual general adjustments;
and
3.
If the tenant has notified the landlord of a desire to re-rent the
unit if it is again offered for rent, the landlord shall provide the
tenant the right of first refusal to re-rent the unit. The offer,
which shall include an address to which the tenant may deliver acceptance,
shall be sent to the tenant by certified or registered mail, postage
prepaid, to the last address provided by the tenant. The tenant shall
then have no less than thirty days from the date the landlord mails
the notice to accept the offer by personal service or certified or
registered mail. If the landlord fails to provide the tenant with
this right of first refusal, the landlord shall be liable in a civil
action to the tenant for punitive damages in an amount not to exceed
six months rent.
(d)
Relocation Fees. The landlord shall pay to the tenant(s) a relocation fee per unit in accordance with Section 17.52.020.
(e)
Failure of Owner or Relative to Occupy the Premises for Twelve Months.
There shall be a rebuttable presumption that the landlord has not
acted in good faith if the owner or relative for whom the tenant was
evicted does not move into the unit within ninety days and occupy
said unit for a minimum of twelve continuous months thereafter.
(f)
No Just Cause if Comparable Unit is Vacant. A landlord may not recover
possession under this subsection if a comparable unit in the building
is already vacant and available, or if such a unit becomes vacant
and available during the period of the notice terminating tenancy.
If a comparable unit does become vacant and available during said
notice period, the landlord shall rescind the notice to vacate. "Comparable
unit," as used in this section, means a rental unit that is approximately
the same size, has the same number of bedrooms, and can accommodate
the owner or qualified relative's medical condition, if any.
(g)
Application to Most Recent Tenant. Any tenant evicted pursuant to
this subsection must be the most recent tenant(s) to occupy a unit
with the number of bedrooms needed by the landlord or relative described
by this subsection (12).
(h)
No More than One Owner or Relative Eviction for a Property. An owner
may not evict tenants from more than one unit in a parcel for owner
or relative occupancy in any six-year period, regardless of changes
in ownership of the building.
(i)
Fifty Percent Ownership. In order to evict for owner or relative
occupancy, the landlord must be a real person and possess legal title
to at least fifty percent of the building or be a beneficiary with
an interest of at least fifty percent in a trust that owns the building;
provided, however, if two persons purchase a duplex and each own fifty
percent of the building each may evict a tenant under this section.
(j)
Terminally Ill. An owner or relative occupancy eviction shall not
be permitted against any tenant who is certified by a physician to
be terminally ill.
(k)
Termination of Owner Occupancy. If the unit is again offered for
rent, the initial rent shall be the lawful rent in effect immediately
before the owner-relative occupancy began, plus any subsequent annual
general adjustments which have accrued.
13.
Correction of Violations. The landlord, after having obtained
all necessary permits from the City of West Hollywood, seeks in good
faith to recover possession of the rental unit for one of the following
reasons:
(a)
Building and Safety, the Fire Department, the Health Department or
other authorized governmental agency has determined in writing that
the rental unit, property or building: (1) must be permanently eradicated
or demolished because the unit, property or building is uninhabitable,
not permitted or cannot be occupied in its present state; or (2) may
not be inhabited while work is performed to correct a violation noticed
by a governmental inspection agency, the required work will take more
than six months to complete and all required permits have been obtained
from the City of West Hollywood and the County of Los Angeles. A copy
of the government agency's written documentation must be submitted
to the Department.
(b)
The landlord must issue a sixty-day written notice to the tenant and pay a relocation fee in accordance with Section 17.52.020 and the required relocation assistance application must also be submitted to the Department at the time that the notice and fee is given to the tenant. Such notice must have as an attachment a copy of the written notice given the landlord by Building and Safety, the Fire Department, the Health Department or other authorized governmental agency.
(c)
If Building and Safety, the Fire Department, the Health Department or other authorized agency has ordered the removal of all tenants as provided for in this subsection prior to expiration of the sixty-day notice then the landlord shall pay reasonable costs for temporary lodging at a hotel or apartment until the end of the rent period already paid and until the permanent relocation fee is paid to the tenant, in accordance with Section 17.52.020, if it has not been paid by the end of the rent period. The landlord shall notify the Department immediately of the relocation and supply the Department with a copy of the government agency's notice to vacate the unit, property or building as well as a list of tenant names and the location of their temporary housing. The landlord must submit a copy of the permanent relocation notice and relocation assistance application to the Department.
(d)
The landlord shall provide the tenant(s) with a right of first refusal
to return to the renovated rental unit when the necessary repair or
construction is completed. When the repair work is completed, the
landlord shall offer the unit at the same MAR as of the date on which
the tenant(s) vacated the unit, plus any general across-the-board
adjustments that would have been applied had the tenant not been evicted
or vacated.
(e)
The right of eviction pursuant to this section may be subjected to
conditions by the Commission in accordance with regulations adopted
to implement this subsection.
14.
Foreclosure. The landlord has taken title to a single-family
dwelling or condominium by way of foreclosure under the following
circumstances and conditions:
(a)
The landlord commences the eviction process no more than thirty days
after perfecting title under the sale.
(b)
The tenant to be evicted took occupancy of the unit after the date
the mortgage was recorded.
(c)
In the event of such an eviction, the tenant shall be provided with not less than ninety days' written notice of termination of tenancy and relocation benefits in accordance with Section 17.52.020.
(d)
A copy of the notice shall be sent to the Commission at the same
time that it is provided to the tenant.
(e)
In the event the unit is re-rented, the rent shall not exceed the
previous maximum allowable rent, adjusted by intervening general adjustments
authorized since the vacancy.
15.
Withdrawal of Residential Rental Structure From the Rental Market. The landlord intends to withdraw all rental units in all buildings
or structures on a parcel of land from the rental market, subject
to the following conditions and requirements, as well as regulations
promulgated by the Commission:
(a)
This subsection (15) shall only apply to and shall only be exercised
for the concurrent withdrawal of all rental units in all buildings
or structures on a parcel of land from the rental market except where
there is more than one building on a parcel and all buildings contain
four or more rental units, in which case the landlord may withdraw
all of the units in one or more of the buildings.
(b)
Not less than one
hundred twenty days from the date the landlord intends to withdraw
the rental units in a building or structure from the rental market,
and after completion of all required proceedings, if any, the landlord
shall:
(1)
By first class mail, postage prepaid, or by personal delivery, provide
written notice under penalty of perjury to the city of such intent,
which notice shall contain the following information: Address and
legal description of the subject property, number of rental units
being removed, the names of all tenants residing in the units being
removed, and the MAR applicable to each such unit. If a unit is not
occupied at the time notice is given, for purposes of the City's recordkeeping
needs, the notice shall state the last rent paid for such unit. Said
notice shall be accompanied by a fee in an amount to be determined
by regulation of the Commission, or after December 2, 1987, by resolution
of the City Council, to reimburse the city for the direct and actual
costs of tenant counseling and relocation assistance associated with
an eviction under this subsection (15).
(2)
Record with the Los Angeles County Registrar-Recorder a written notice
prepared by and containing such information as is prescribed by the
city summarizing the landlord's notice of intent and certifying that
evictions have commenced or will commence in accordance with applicable
law.
(3)
Provide written notice of termination of tenancy to all affected
tenants, which notice shall contain the following information:
(i)
That the landlord is evicting the tenant pursuant to this subsection
(15) and will provide the city with the written notice required in
subparagraph (b)(1) above;
(ii)
A summary of the specific information to be provided to the
city in that notice regarding the tenant's unit;
(iii)
That within thirty days of receipt of notice to terminate, the
tenant may notify the landlord in writing that the tenant would be
interested in re-renting the unit if any of the units are re-offered
for rent at a future time and advising the tenant to notify the landlord
of future address changes. A tenant shall also provide the city with
a copy of the written notice. Failure to submit a copy of the written
notice to the city does not affect the tenant's right of first refusal
if the landlord was properly notified;
(iv)
A description of the tenant's rights as set forth in subparagraphs (c) and (d) below. The notice shall be accompanied by a relocation fee in accordance with Section 17.52.020; and
(v)
A description of the tenant's rights under subparagraph (b)(4).
(4)
If the tenant is at least sixty-two years old or disabled, and has
lived in the unit at least one year before the landlord gave the city
notice of intent to withdraw the unit from the rental market, the
tenant may extend the time before he or she must vacate. The extension
shall be to one year from the date when the landlord gave the city
proper notice of intent to withdraw. In order to obtain the extension,
the tenant must give the landlord written notice that he or she is
at least sixty-two years old or disabled, and must do so no more than
sixty days after the landlord gave the city notice of intent to withdraw.
Then, the following provisions shall apply:
(i)
The tenancy shall be continued on the same terms and conditions
as existed on the date of delivery to the city of the notice of intent
to withdraw, subject to any adjustments otherwise available under
this title;
(ii)
No party shall be relieved of the duty to perform any obligation
under the lease or rental agreement;
(iii)
The landlord may elect to extend the date of withdrawal on any
other accommodation within the same building up to one year after
the date of delivery to the city of the notice of intent to withdraw,
subject to paragraphs (i) and (ii);
(iv)
Within thirty days of the notification by the tenant or lessee
to the landlord of his or her entitlement to an extension, the landlord
shall give written notice to the public entity of the claim that the
tenant or lessee is entitled to stay in their accommodations for one
year after the date of delivery to the city of the notice of intent
to withdraw;
(v)
Within ninety days of the date of delivery to the city of the
notice of intent to withdraw, the landlord shall give written notice
to the public entity and the affected tenant(s) or lessee(s) of the
landlord's election to extend the date of withdrawal and the new date
of withdrawal under paragraph (iii).
(c)
In the event that
any of the withdrawn units are re-offered for rent by the landlord
within two years from the effective date of withdrawal, the landlord
shall:
(1)
Provide written notice of such action to the city not less than thirty
days prior to re-renting the units;
(2)
Offer the units at the same MAR as of the date of withdrawal plus
any general across-the-board adjustment that would have applied had
the units not been withdrawn;
(3)
Provide those tenants who provided a notice of interest in re-renting
pursuant to subparagraph (b)(3)(iii) above the right to first refusal
to re-rent the unit by certified or registered mail, postage prepaid,
to the last address provided by the tenant, in which case the tenant
shall have no less than thirty days within which to accept the offer,
by personal service or certified or registered mail;
(4)
Be liable in a civil action if commenced within three years of displacement
to any tenant evicted due to withdrawal of a unit pursuant to this
subsection (15) for actual damages which were the proximate result
of the displacement, in accordance with the principles enunciated
in Sections 7262 and 7264 of the California Government Code, and exemplary
damages;
(5)
Be liable in a civil action, if commenced within three years of displacement,
to the city for exemplary damages for each of the withdrawn units.
(d)
In the event any
of the withdrawn units are re-offered for rent by the landlord within
five years after any notice of intent to withdraw the accommodation
is filed with the City of West Hollywood, or within five years after
the accommodations are withdrawn, whichever is later, the landlord
shall:
(1)
Provide not less than thirty days' prior written notice of such action
to the city prior to re-renting the units;
(2)
Offer the units at the same MAR as of the date the notice of intent
to withdraw is filed with the City of West Hollywood, plus any general
adjustments that would have applied under this title had the units
not been withdrawn;
(3)
If any of the withdrawn units are re-offered for rent less than ten
years from the effective date of removal, the landlord shall provide
those tenants who provided notice of interest in re-renting pursuant
to subparagraph (b)(3)(iii) the right of first refusal to re-rent
the unit, by certified or registered mail, postage prepaid, to the
last address provided by the tenant, in which case the tenant shall
have no less than thirty days within which to accept the offer by
personal service or certified or registered mail. Failure of the landlord
to provide the tenant with this right of first refusal shall render
the landlord liable in a civil action to the tenant in punitive damages
in an amount not to exceed six months' rent.
(f)
This subsection (15) shall in no respect relieve a landlord from
complying with the requirements of any applicable state law or of
any lease or rental agreement.
(g)
The remedies provided for in this subsection (15) shall not be exclusive
and shall not preclude a tenant from pursuing any alternative remedy
available under the law. Failure by any landlord to comply with the
requirements of this subsection (15) shall constitute a defense in
any unlawful detainer action brought to evict a tenant under this
subsection (15).
(h)
For the purpose of this subsection (15), the term "landlord" shall
be interpreted to include any and all successors-in-interest of any
landlord.
(i)
The notice to the city provided for in this subsection (15) shall
be accompanied by a processing fee in an amount determined by resolution
of the City Council.
(j)
This subsection (15) is intended to implement the requirements of
Sections 7060 through 7060.7 of the California Government Code, and
shall be interpreted so as to provide the city with the broadest range
of authority permitted under these provisions and to intrude the least
into the city's authority in all other applications of its power.
This subsection (15) shall not be construed to permit the conversion
of any rental housing to condominiums, hotels or any other use, which
conversions are otherwise regulated by this code.
16.
Transfer to a Different Unit. A landlord who lives in a
unit on the property and who has been certified by a licensed physician
as requiring a full-time assistant for medical purposes or as having
a certain physical or medical condition may evict a tenant in order
to occupy a larger unit or a unit with additional amenities if the
landlord demonstrates that the size or particular amenity is necessary
to accommodate the assistant and/or the physical need of the landlord.
Any tenant evicted pursuant to this paragraph must be the most recent
tenant to occupy a unit of the size and amenities required by the
landlord. The landlord shall offer the landlord's unit to the tenant.
A copy of the notice shall be sent to the Commission at the same time
that it is provided to the tenant.
17.
Inclusionary Housing Units. The income of a tenant residing
in a rental unit subject to an inclusionary housing agreement has
exceeded the maximum allowable income, as determined by the city,
by more than fifty percent for at least two consecutive years. The
landlord shall rely on the tenant's affidavit as referenced in the Agreement Imposing Restrictions on Real Property in determining
the amount of the tenant's income.
18.
Demolition of Rental Units Owned by Certain Organizations in Order
to Construct Low- and Moderate-Income Housing. The tenant commences a tenancy of not to exceed two years in duration in a unit which is owned by an organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, and the unit is to be demolished in order to construct entirely new low- and moderate-income housing. A single one-year extension may be granted by the Rent Stabilization Department upon a showing of good cause demonstrating that the demolition could not occur during the initial two-year period. Any tenant who was not apprised of the limited duration of the tenancy and of the plans for demolition at the inception of the tenancy is entitled to the applicable relocation fees as required in subsection (15) of this section.
(Prior code § 6413(a); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U §§ 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U §§ 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§ 1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997; Ord. 99-542 § 15,
1999; Ord. 99-548 §§ 14
– 16, 21, 22, 31 – 34, 62 – 68, 80– 85, 1999; Ord. 99-552 § 1, 1999; Ord. 99-554 § 1, 1999; Ord. 00-561U § 2, 2000; Ord. 00-566 §§ 5, 6, 2000; Ord. 00-573 § 2, 2000; Ord. 02-636 § 23, 2002; Ord. 03-659 §§ 4 –
20, 2003; Ord. 03-668 §§ 1,
2, 2003; Ord. 04-695U § 1,
2004; Ord. 04-696 § 1,
2005; Ord. 06-731 § 1,
2006; Ord. 08-783 § 1,
2008; Ord. 09-806U § 1,
2009; Ord. 9-807 § 1,
2009; Ord. 11-879 §§ 2,
3, 2011; Ord. 11-880U §§ 2,
3, 2011; Ord. 13-925U §§ 4
– 6, 2013; Ord. 14-939 §§ 2,
3, 5, 6, 10, 2014; Ord. 18-1024 § 3,
2018; Ord. 22-1177 § 6,
2022; Ord. 23-13 § 9,
2023)
a.
Generally. When a relocation fee is required by this title, the landlord must pay a single relocation fee as set forth in the relocation fee schedule announced pursuant to subsection (c) to all tenants residing in the unit simultaneously with the notice.
1.
All
tenants living in one dwelling unit are collectively entitled to one
relocation fee as follows:
A.
Fee Based on Unit Size. Tenants living in the dwelling unit are collectively
entitled to the relocation fee listed in the relocation fee schedule
based on the number of bedrooms in the unit unless one of the tenants
or a household qualify for a fee as set forth in subsections (B),
(C) or (D).
B.
Qualified Tenant. If one of the tenants living in the dwelling unit
from which tenants are to be displaced is sixty-two years of age or
older, disabled, living with one or more dependent minors or is terminally
ill, then all tenants living in the dwelling unit are collectively
entitled to the qualified tenant relocation fee listed in the relocation
fee schedule.
C.
Persons and Families of Moderate Income. If a person or family living
in the dwelling unit from which tenants are to be displaced is moderate
income as defined by California Health and Safety Code Section 50093,
then all tenants living in the dwelling unit are collectively entitled
to the moderate-income tenant relocation fee.
D.
Lower-Income Households. If a person or family living in the dwelling
unit from which tenants are to be displaced is a lower-income person
or household as defined by California Health and Safety Code Section
50079.5, then all tenants living in the dwelling unit are collectively
entitled to the lower-income relocation fee.
2.
Fee
shall be divided equitably among the unit's occupants. Income shall
be determined using the HUD Occupancy Handbook Chapter 5: Determining
Income and Calculating Rent, as revised. If multiple persons or families
reside in the dwelling unit and do not intend to continue living together
following displacement, then each person's or family's income shall
be calculated independently. Income for tenants who intend to continue
living together shall be combined and calculated collectively.
b.
No Waiver. A tenant cannot waive his or her right to receive
a relocation fee required by this chapter; however, if a tenant does
not vacate his or her rental unit by the deadline specified in a valid
no-fault termination notice and if the landlord has not granted an
extension, the tenant forfeits the relocation fee and must repay the
fee to the landlord.
c.
Fees Updated Annually. The amount of the relocation fees
shall be updated each year on July 1st and shall be announced by the
Rent Stabilization Commission. Relocation fees shall be adjusted for
inflation by the percentage change in the "rent of primary residence"
component of the CPI-U Index for the Los Angeles-Long Beach-Anaheim,
California area from May to May each year, rounded to the nearest
whole dollar. The relocation fees shall not decrease. If the percentage
change in the CPI-U is negative, the relocation fees shall remain
at their current rate. If the area used to calculate the Consumer
Price Index changes, the index area used shall be for the area in
which West Hollywood is located. The City Council shall review the
fees periodically.
d.
Fee Increases Apply. After the ordinance codified in this
section has taken effect, relocation fees for no-fault terminations
shall include the relocation fee listed in the fee schedule and any
fee increase that occurs while the tenant remains in possession of
his or her dwelling unit. Any balance due after a fee increase becomes
effective shall be paid before the tenant is required to vacate his
or her dwelling unit.
(Prior code § 6413(b); Ord. 84U § 4, 1985; Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14, 1985; Ord. 86-107 § 1, 1986; Ord. 86-107U § 1, 1986; Ord. 86-124U § 1, 1986; Ord. 86-128U § 1, 1986; Ord. 87-133U, 1987; Ord. 87-135 §§ 1, 12, 13, 14, 1987; Ord. 87-135U §§ 1, 12,
13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U §§ 1,
2, 1987; Ord. 87-172, 1987; Ord. 88-179 § 1, 1988; Ord. 88-199 §§ 2, 3, 1988; Ord. 89-231 § 1, 1989; Ord. 91-291 §§ 1 –
4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997; Ord. 99-542 § 16,
1999; Ord. 99-548 §§ 17,
17A, 1999; Ord. 04-691 § 1,
2004; Ord. 04-695U § 2,
2004; Ord. 04-696 § 2,
2005; Ord. 07-757U § 1,
2007; Ord. 16-978 § 1,
2016; Ord. 20-1100 § 3,
2020)
A landlord shall not endeavor to recover possession of a rental unit unless at least one of the grounds enumerated in Section 17.52.010 is the landlord's dominant motive for recovering possession.
(Prior code § 6413(c); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U § 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U § 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997)
If the dominant intent of the landlord in terminating a tenancy
or refusing to renew a tenancy is retaliation against the tenant for
exercising his or her rights under this title, and if the tenant is
not in default as to the payment of rent, the landlord may not terminate
the tenancy or refuse to renew the tenancy or cause the tenant to
quit involuntarily. In an action to recover possession of a rental
unit, proof of the exercise by the tenant of rights under the law
within six months prior to the alleged act of retaliation shall create
a rebuttable presumption that the landlord's act was retaliatory.
(Prior code § 6413(d); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U § 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U § 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997)
In any action by a landlord to recover possession of a rental unit, the tenant may raise as a defense any of the grounds set forth in this chapter. If the tenant's defense is successful, the tenant shall be entitled to recover reasonable attorneys' fees and costs. If the court determines that a tenant remained in the unit and asserted any of the grounds set forth in this chapter in good faith, the tenant shall be entitled to retain the relocation benefits provided in subsection (12)(d) of Section 17.52.010, even if the tenant's defense was not successful.
(Prior code § 6413(e); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U § 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U § 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997)
Any notice which must be provided to the affected tenants or recorded with the County in connection with the termination of a tenancy pursuant to Section 17.52.010 shall be filed with the Commission within five days of service upon the tenant. Any landlord who serves a summons or complaint for unlawful detainer upon a tenant for just cause under this chapter shall also file a copy of said documents with the Commission within five days of service upon the tenant.
(Prior code § 6413(f); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U § 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U § 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997)
Any landlord who attempts to terminate a tenancy pursuant to any of the grounds set forth in Section 17.52.010, shall provide the tenant a written notice to quit or terminate which states with particularity the specific grounds upon which the landlord is relying in terminating the tenancy and recites the specific subsection of Section 17.52.010 under which the landlord is proceeding.
(Prior code § 6413(g); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U § 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U § 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997)
Prior to serving tenants with the notice to terminate tenancy, the landlord shall pay a fee to the City of West Hollywood for each rental unit from which tenants are displaced pursuant to subsections (12), (13), (14), (15) and (17) of Section 17.52.010. If the tenant to be displaced is a senior citizen, a handicapped tenant or a tenant with whom one or more minor dependent children reside, the landlord must pay an additional fee per unit. The fee is to reimburse the city for the cost of providing counseling, written materials, and information to the displaced tenants concerning comparable rental housing which is available, as well as other information relevant to relocation, such as the names and addresses of moving and storage companies. The amount of the fee(s) shall be set by resolution of the City Council.
(Prior code § 6413(h); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U § 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U § 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997; Ord. 99-548 § 35,
1999)
a.
Notwithstanding
any other provision of this code, no landlord, or landlord's agent,
property manager or representative shall, with respect to property
used as a rental unit under any rental agreement or other tenancy
or estate at will, however created, engage in harassment of any tenant
of a rental housing unit.
b.
Harassment
includes, but is not limited to, the following conduct done with an
intent to vex, annoy, injure, or intimidate a tenant:
1.
A
reduction or elimination of housing services as the term "housing
service" is defined in this title.
2.
A reduction of maintenance or failure to perform and timely complete necessary repairs or maintenance as set forth by contract or by state, county or local housing, health or safety laws, including the maintenance requirements set forth in Section 17.56.010 of this title.
3.
Abusing
the right of access into a rental housing unit as established and
limited by California Civil Code Section 1954. This includes: (i)
entries for pretextual inspections that are not related to necessary
repairs or services; (ii) entries or notices to enter that are excessive
in number; (iii) entries that improperly target certain tenants or
are used to collect evidence against the occupant; (iv) entries that
interfere with a tenant's right to privacy, including, but not limited
to, entering or photographing portions of a rental housing unit that
are beyond the scope of a lawful entry or inspection; or (v) entries
beyond the scope of an otherwise lawful entry.
4.
Engaging
in abusive conduct toward a tenant through the use of words which
are offensive and inherently likely to provoke an immediate violent
reaction.
5.
Enticing
a tenant to vacate a rental housing unit through an intentional misrepresentation(s)
or the concealment of a material fact.
6.
Threatening
a tenant, by word or gesture, with physical harm.
7.
Misrepresenting
to a tenant that the tenant is required to vacate a rental housing
unit.
8.
Failing
to exercise due diligence in performing and completing repairs to
a rental housing unit after obtaining possession of the unit for the
purpose of performing the repairs.
9.
Engaging
in an activity prohibited by federal, state or local law which prohibits
housing discrimination on any basis, including, but not limited to,
sexual orientation, race, color, sex, ancestry, ethnic origin, national
origin, religion, age, marital status, familial status, parenthood,
pregnancy, disability, medical condition, including, but not limited
to, AIDS or AIDS-related conditions, gender identity, occupancy by
a minor child, citizenship, or status as a student.
10.
Threatening to terminate a tenancy, recover possession of a rental
unit, or evict a tenant from a rental unit without a proper factual
and legal basis. This subsection shall not apply to a threat that
is made in connection with litigation that is actually pending or
in good faith contemplated when the threat is made.
11.
Engaging in any act or omission which interferes with the tenant's
right to use and enjoy the rental unit.
12.
Refusing to acknowledge or accept receipt of lawful rent payments
as set forth in the lease agreement or as established by the usual
practice of the parties.
13.
Engaging in any act or omission constituting a disturbance of a tenant's
possession of rental premises, whereby the premises are rendered unfit
for occupancy, or the tenant is deprived of the beneficial enjoyment
of the premises.
14.
Engaging in construction or renovations at a property that creates
conditions designed to encourage any tenant to vacate their rental
unit.
15.
Failure to submit a required tenant habitability plan for approval, or to adhere to the terms of an approved tenant habitability plan, as required under Chapter 17.30 of this title.
16.
Prohibiting entry by the tenant into a tenant's unit absent a judicial
order permitting repossession by the landlord.
17.
Soliciting a tenant for sexual conduct in exchange for protection
from eviction or to perform maintenance.
18.
Inquiring as to the immigration or citizenship status of a tenant,
prospective additional tenant, occupant, or prospective additional
occupant of a rental unit, or requiring any of these people to make
any statement, representation, or certification concerning their immigration
or citizenship status, or disclosing or threatening to disclose to
any person or entity information regarding the immigration or citizenship
status of any of the foregoing individuals.
19.
Interfering with a tenant's right to privacy, including, but not
limited to, using cameras to view the interior of a tenant's rental
unit, requesting information regarding residency or citizenship status,
or requesting a Social Security number, except as authorized by law.
20.
Retaliating, threatening, or interfering with tenant organizing activities,
including forming or participating in tenant associations or unions,
or for engaging in other political activities.
21.
Retaliating against or threatening a tenant for inquiring with, or
seeking assistance from, a government or social services agency.
22.
Attempting to recover possession of a rental unit that is exempt from rent increase limitations under this title or any other provision of law by means of a rent increase that is imposed in bad faith with intent to coerce the tenant into vacating the rental unit in circumvention of Section 17.52.010. Evidence of bad faith may include but is not limited to the following: (i) the rent increase was substantially in excess of market rates for comparable units; (ii) the rent increase was within six months after an attempt to recover possession of the unit; and (iii) such other factors as a court or the Commission may deem relevant.
c.
The conduct described in subsection (b) shall not include conduct intended to communicate ideas or beliefs to the public at large which has only an incidental effect upon a person or persons.
d.
Any
person who is convicted of violating this section shall be guilty
of a misdemeanor and upon conviction shall be punished by a fine of
not greater than $1,000 or by imprisonment in the County Jail for
not more than six months, or by both such fine and imprisonment.
e.
Any
person, including the city, may enforce the provisions of this section
by means of a civil action. Any person or entity violating any of
the provisions of this section is liable for each and every such offense
for actual damages suffered by the aggrieved party, or for statutory
damages in the sum of $10,000, whichever is greater, and for punitive
damages, and shall be liable for attorneys' fees and costs.
f.
Any
person or entity violating any of the provisions of this section is
liable for additional statutory damages in the sum of $5,000 for each
and every such offense if the aggrieved party is a senior citizen
or disabled tenant when any of the harassing conduct occurred.
g.
The
remedies provided in this section are not exclusive, and nothing in
this section shall preclude any person from seeking any other remedies,
penalties or procedures provided by law.
(Prior code § 6413(i); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135U §§ 1,
12, 13, 14, 1987; Ord. 87-169U §§ 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§ 1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997; Ord. 99-548 § 36,
1999; Ord. 02-624 § 1,
2002; Ord. 07-778 § 1,
2007; Ord. 21-1155 § 5,
2021; Ord. 22-1194 § 4,
2022)
Nothing in this chapter shall be construed as to prevent the
lawful eviction of a tenant by appropriate legal means nor shall anything
in this chapter apply to occupancies defined by subdivision (b) of
Civil Code Section 1940.
(Prior code § 6413(j); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 13, 14, 1985; Ord. 85-79U §§ 1, 13, 14,
1985; Ord. 85-84U § 4,
1985; Ord. 86-107 § 1,
1986; Ord. 86-107U § 1,
1986; Ord. 86-124U § 1,
1986; Ord. 86-128U § 1,
1986; Ord. 87-135 §§ 1,
12, 13, 14, 1987; Ord. 87-135U § 1,
12, 13, 14, 1987; Ord. 87-141 § 1,
1987; Ord. 87-141U § 1,
1987; Ord. 87-168 § 1,
1987; Ord. 87-169U §§ 1,
2, 1987; Ord. 88-179 § 1,
1988; Ord. 88-199 §§ 2,
3, 1988; Ord. 89-231 § 1,
1989; Ord. 91-291 §§ 1
– 4, 1989; Ord. 93-373 § 1,
1993; Ord. 94-404 §§ 1,
2, 1994; Ord. 94-405 § 1,
1994; Ord. 95-449U § 11,
1995; Ord. 97-482 § 1,
1997)
a.
A landlord shall provide relocation benefits as set forth in subsection (f) to a displaced tenant when the landlord is required to temporarily recover possession of a rental unit in order to comply with housing, health, building, or safety laws of the State of California or the City of West Hollywood, or if a tenant is required to vacate a rental unit upon the order of any government officer or agency, or during fumigation that cannot be completed when a rental unit is occupied.
b.
The
landlord shall be required to complete any work to a rental unit within
three months of the start of a tenant's displacement unless the landlord
can demonstrate to the Director or their designee a reasonable basis
for the necessity of an extension. The Director or their designee
shall monitor the progress of such work by requiring a report from
the landlord and inspecting the rental unit every thirty days during
the period of the tenant's displacement from their rental unit.
c.
If
the government officer or agency orders relocation, notice shall be
provided to the landlord and all affected tenants of the relocation
requirements and responsibilities pursuant to this section. This notice
may include a copy of this section. Notice shall be deemed effective
upon deposit in the United States mail, personal service, posting
on the property, or telephonic communication. Failure to provide notice
as specified in this subsection shall not relieve the landlord of
any obligation under this section.
d.
A landlord shall provide relocation benefits as set forth in subsection (f) to any senior citizen, disabled tenant, or any other tenant with an identified mobility issue upon that tenant's request when no elevator serving the tenant's rental unit has been operative for a consecutive seventy-two hours. For the purposes of this subsection, the following definitions shall apply: (i) "senior citizen" shall have the same meaning as the definition at subsection (21) of Section 17.08.010 of this title; (ii) "disabled tenant" shall have the same meaning as the definition at subsection (10) of Section 17.08.010 of this title, or anyone living with HIV/AIDS; (iii) "mobility issue" means an inability to conduct daily activities without access to a functional elevator, including guardians of young children, or anyone who identifies as having a mobility issue.
e.
A landlord shall provide essential services at the landlord's expense to any tenant who qualifies for the relocation benefit under subsection (d) when no elevator serving the tenant's rental unit has been operative for a consecutive twenty-four hour period upon that tenant's request. For the purposes of this subsection, "essential services" means those services necessary to the maintenance of a household including, but not limited to, access to food, potable water, medicine, transportation, and pet care services.
f.
The landlord shall provide the tenant with the following relocation benefits at rates no less than those established by the City Council pursuant to subsection (g), unless otherwise agreed upon by the landlord and tenant, during the temporary displacement period:
1.
Relocation
to a hotel or motel accommodation which is safe, sanitary, comparable
to the tenant's sleeping arrangement, includes on-site or nearby parking,
and is located in West Hollywood, or within two miles of the city's
boundaries or the tenant's residence, and contains standard amenities
such as a telephone and television;
2.
Reasonable
compensation for meals, if the temporary accommodation lacks cooking
facilities;
3.
Reasonable
compensation for laundry, if the rental unit included laundry facilities
inside the unit and the temporary accommodation does not include laundry
facilities inside the unit; and
4.
Reasonable
accommodation for pets that were permitted in the rental unit under
the terms of the rental agreement or by law if the temporary accommodation
does not accept pets.
g.
The City Council shall establish by resolution reasonable per diem rates for the following items of temporary relocation expenses required under this section. Rates shall be adjusted each year as set forth by City Council resolution and in the manner prescribed by subsection (c) of Section 17.52.020 of this title, unless otherwise provided by the resolution.
h.
Unless otherwise agreed upon by the landlord and tenant, the landlord shall make payment directly to the lodging accommodations and pet accommodations facility as required under subsections (f)(1) and (f)(4), respectively. The landlord shall pay for lodging, even if the cost of such lodging is more expensive than the tenant's existing per diem rental unit rate. All other compensation under subsection (f) shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.
i.
The landlord shall have the option, in lieu of providing tenant relocation in accordance with subsection (f), of providing the tenant with comparable housing at any time during the period of the displacement. Such housing shall be comparable to the tenant's rental unit in location, size, number of bedrooms, furnishings, accessibility, parking spaces, type and quality of construction, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets permitted under the rental agreement or by law. If the landlord provides comparable housing at any time during the period of displacement, the tenant shall be entitled to remain at that same comparable housing unit during the period of displacement. The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant's existing rental unit. If the temporary housing is unfurnished, the landlord shall provide essential furnishings and household items or pay reasonable moving costs for the tenant to move essential furniture and household items to and from the temporary housing. No party providing housing pursuant to this subsection or involved in the transaction to provide or occupy such housing shall be subject to the requirements of Section 19.36.331 or 19.48.060(A)(1) of this code or any penalties therein.
j.
If displacement exceeds thirty days, the landlord shall, upon written request of the tenant, provide housing in accordance with subsection (i).
k.
The
temporary housing required by this section shall be provided immediately
upon service of any governmental order or notice to vacate. In the
event the tenant is not required to immediately vacate, temporary
housing shall be provided as of the vacation date.
l.
The
displacement and relocation of a tenant pursuant to this section shall
not terminate the tenancy of the displaced tenant. The displaced tenant
shall have the right to reoccupy his or her rental unit upon the completion
of the work necessary for the rental unit to comply with housing,
health, building or safety laws or any governmental order and the
tenant shall retain all rights of tenancy that existed prior to the
displacement.
m.
The
tenant shall remain responsible to pay rent to the landlord that is
due for the tenant's existing rental unit during the period of displacement.
n.
The
landlord and the tenant may mutually agree upon a housing type or
benefits other than the temporary housing or benefits required by
this section, provided that any agreement is in writing, filed with
the Department, and includes a statement in bold letters in at least
fourteen-point type in close proximity to the space reserved for the
signature of the tenant that this section was provided to the tenant.
o.
If
the landlord fails, neglects, or refuses to comply with this section,
the city may advance relocation benefit payments to the tenant. If
the city advances relocation benefit payments to which the tenant
is entitled from the landlord, the city shall be entitled to recover
from the landlord any amount paid to a tenant or service provider
pursuant to this section or any other provision of this chapter and
the city's actual costs, including direct and indirect costs of administering
the provision of benefits to the displaced tenant. Upon presentation
of an itemized invoice by the city, the landlord shall pay the full
balance due within thirty days of mailing of said invoice. Any costs
that remain unpaid after payment becomes due shall be deemed a debt
owed by the landlord to the city. Any person owing money to the city
under the provisions of this section shall be liable in an action
brought in the name of the City of West Hollywood for the recovery
of such amount and a civil penalty equal to the sum of one-half the
amount so paid, but not to exceed $10,000.
p.
Nothing
in this section shall be construed to require the city to pay any
relocation benefits to any tenant, or assume any obligation, requirement,
or duty of the landlord pursuant to this section.
q.
Nothing
in this section shall be construed as authorizing a landlord to require
a tenant to vacate a unit, except as permitted under federal, state,
or local law.
r.
"Landlord"
as used in this section means the property owner or their representative,
and no tenant leasing any portion of a dwelling unit with the landlord's
consent shall be liable for the obligations set forth herein.
s.
This
section does not apply when the condition in the rental unit is caused
by a utilitywide outage beyond the landlord's immediate control.
t.
If a landlord has provided any temporary relocation benefit pursuant to this section, the landlord may not deduct any portion of the previously paid temporary relocation benefit from the relocation fee required by Sections 17.52.010(13) and 17.52.020.
u.
Violations of this section are subject to the administrative penalty provisions of Chapter 1.08 of this code.
v.
The
remedies under this section are cumulative and in addition to any
other remedies available under federal, state, or local law.
(Prior code § 6413(k); Ord. 99-548 § 69, 1999; Ord. 16-977 § 1, 2016; Ord. 21-1149 § 2, 2021)
a.
If
a landlord provides an on-site, off-street parking-space housing service
to a tenant on or after January 1, 2004, that parking space becomes
an inseparable part of the rented premises, and the landlord may not
remove it during the tenancy unless the tenant consents to the removal
in writing.
b.
If
a landlord removes an on-site, off-street parking space housing service
from a tenancy in violation of this section:
1.
The tenant may apply for a rent decrease by an amount commensurate with the value of the removed parking space under Section 17.44.040 for the temporary period of time during which the space is removed;
2.
The
landlord shall be subject to criminal prosecution; and
3.
The
city may bring a civil action for injunctive relief.
c.
Nothing
in this section is intended to limit a tenant's right to a rent decrease
for the loss of a parking housing service, even if the tenant consents
in writing to the loss.
d.
Nothing
in this section is intended to penalize a temporary removal of a parking
space reasonably necessitated by required repair or maintenance.
e.
Nothing
in this section is intended to prohibit a landlord and tenant from
voluntarily agreeing to the substitution of one parking space for
another at the same property.
f.
Nothing in this section is intended to subject a landlord to criminal prosecution or a civil injunction when the removal of a parking space is necessary to comply with any government order or Section 19.36.310 of this code.
g.
When the removal of a parking space is necessary to comply with any government order or Section 19.36.310 of this code, the landlord shall provide a one-time right of first refusal to the tenant who had their parking eliminated to obtain the next on-site, off-street parking space or spaces that are either available when the parking space is eliminated or become available following the first vacancy of a rental unit that included on-site, off-street parking. In the event that multiple tenants have their parking eliminated, the order of offering the right of first refusal to obtain on-site, offstreet parking space(s) shall be based on the following order of precedence: (1) disabled tenants based on the seniority of the tenancy; (2) senior citizen tenants based on the seniority of the tenancy; and (3) seniority of the tenancy for all other tenants.
A landlord's failure to provide a one-time right of first refusal to obtain available parking pursuant to this subsection shall subject the landlord to all of the available remedies set forth under subsection (b) of this section.
(Ord. 04-681 § 2, 2004; Ord. 22-1177 § 12, 2022; Ord. 23-13 §§ 10, 11, 2023)
After the inception of the tenancy, a notice of change of terms
and conditions of tenancy, except for notices of an increase in the
amount of rent which is legally due and payable, must be expressly
agreed to by the tenant. Such agreement must be in writing, signed
by both parties, and the tenant must have knowingly consented to any
change to the original lease or month-to-month agreement. A landlord
may not unilaterally change the terms of tenancy and then evict the
tenant for violation of the added covenant unless the tenant has agreed
in writing to the additional covenant. The provisions of this paragraph
apply to a change in the terms and conditions of tenancy, including
the imposition of a rule or regulation, prohibiting smoking pursuant
to the authority of California Civil Code Section 1947.5(c) or otherwise.
This requirement that the tenant must consent in writing to notices of changes of terms and conditions of tenancy does not apply to notices about noise, failure to control pets, or other similar conduct which disturbs the quiet enjoyment of other tenants at the property. For purposes of this paragraph, smoking by a tenant does not in and of itself disturb the quiet enjoyment of other tenants at the property. This requirement also does not apply to the exceptions specified in Section 17.52.010(2)(h)(i).
(Ord. 14-939 § 4, 2014)
(a)
Disclosure Prior to Buyout Offer. Prior to making
a buyout offer, the landlord shall provide each tenant in that rental
unit a written disclosure, on a form developed and authorized by the
Rent Stabilization Division, that shall include the following:
(1)
A statement that the tenant has a right not to enter into buyout
negotiations or a buyout agreement;
(2)
A statement that the tenant may choose to consult with an attorney
before entering into a buyout agreement;
(3)
A statement that the tenant may rescind the buyout agreement for
up to thirty days after it is fully executed;
(4)
A statement that the tenant may visit the Rent Stabilization Division
for information about other buyout agreements in the tenant's neighborhood
and other relevant information;
(5)
Any other information required by the Rent Stabilization Division
consistent with the purposes and provisions of this section; and
(6)
A space for each tenant to sign and write the date the landlord provided
the tenant with the disclosure.
|
The landlord shall retain a copy of each signed disclosure form
for five years, along with a record of the date the landlord provided
the disclosure to each tenant.
|
(b)
Requirements for Buyout Agreements. A buyout agreement
that does not satisfy all the requirements of this subsection may
be rescinded by the tenant at any time. Every buyout agreement shall:
(1)
Be in writing in the primary language of the tenant. The landlord
shall give each tenant a copy of the proposed buyout agreement at
least ten business days before it is executed.
(2)
Include the following statements in bold letters in at least fourteen-point
type in close proximity to the space reserved for the signature of
the tenant(s):
(i)
"You may cancel this agreement in writing at any time before the
thirtieth day after all parties have signed this agreement."
(ii)
"You have a right not to enter into a buyout agreement."
(iii)
"You may choose to consult with an attorney before signing this
agreement. The West Hollywood Rent Stabilization and Housing Division
may also have information about other buyout agreements in your neighborhood."
(3)
A copy of the fully executed buyout agreement shall be provided to
the tenant.
(c)
Rescission of Buyout Agreements. A tenant shall
have the right to rescind a buyout agreement for up to thirty days
after its execution by all parties. In order to rescind a buyout agreement,
the tenant must hand-deliver, email, or place in the U.S. mail a statement
to the landlord indicating that the tenant has rescinded the buyout
agreement.
(d)
Filing of Buyout Agreement and Disclosure Notice. The landlord shall file a copy of the executed buyout agreement, along with proof of service to the tenant of the disclosure notice as required by subsection (a) and the proposed agreement as required by subsection (b)(1), no sooner than the thirty-first day and no later than sixty days after the buyout agreement is executed by all parties. Buyout agreements and disclosure notices shall be filed with the West Hollywood Rent Stabilization and Housing Division. This filing requirement does not apply to buyout agreements rescinded under subsection (c).
(Ord. 18-1052 § 2, 2018)
No specific breed of domesticated dog may be prohibited by a
landlord when such pet is otherwise permitted under the terms of a
tenancy or pursuant to local, state or federal law; provided, however,
that no dog in possession of a tenant may 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.
A landlord may apply for an exemption for a particular breed
or breeds with the Department upon a showing of good cause that a
current property insurance policy or, in the case of a separately
alienable rental unit, the covenant, conditions, and restrictions
would be violated if said breed or breeds were permitted at the property
or rental unit.
(Ord. 23-13 § 4, 2023)
a.
"Applicant"
"Application screening fee"
"Comprehensive reusable tenant screening report"
A.
B.
C.
D.
E.
F.
G.
H.
"Consumer report"
"Consumer reporting agency"
"Reusable tenant screening report"
A.
B.
C.
Definitions. For the purposes of this section, the following
definitions shall apply:
means any individual who makes a request to a landlord or
their agent to rent or lease a rental unit, or an entity or individual
who agrees to act as a guarantor or cosigner on a rental or lease
agreement.
means any nonrefundable payment of money charged by a landlord
or their agent to an applicant, the purpose of which is to purchase
a consumer credit report and to validate, review, or otherwise process
an application for the rent or lease of a rental unit.
means a reusable tenant screening report that includes all
of the following information regarding an applicant:
Name;
Contact information;
Verification of employment;
Last known address;
Results of an eviction history check in a manner and for a period
of time consistent with applicable law related to the consideration
of eviction history in housing;
Criminal history information;
Credit report and score; and
Date report was created.
has the same meaning as defined in Section 1681a of Title 15 of the United States Code.
means a person which, for monetary fees, dues, or on a cooperative
nonprofit basis, regularly engages in whole or in part in the practice
of assembling or evaluating consumer credit information or other information
on consumers for the purpose of furnishing consumer reports to third
parties and that uses any means or facility of interstate commerce
for the purpose of preparing or furnishing consumer reports.
means a consumer report that meets all of the following criteria:
Was prepared within the previous thirty days by a consumer reporting
agency at the request and expense of an applicant;
Is made directly available to a landlord for use in the rental
application process or is provided through a third-party website that
regularly engages in the business of providing a reusable tenant screening
report and complies with all state and federal laws pertaining to
use and disclosure of information contained in a consumer report by
a consumer reporting agency; and
Is available to the landlord at no cost to access or use.
b.
A landlord
shall accept a comprehensive reusable tenant screening report from
an applicant; provided, however, that the landlord may require the
applicant state or affirm that there has not been a material change
to the information contained in the report.
c.
A landlord
may accept a reusable tenant screening report that does not meet the
requirements of a comprehensive reusable tenant screening report.
e.
This section does not affect any other applicable law related to the consideration of criminal history information in housing, including, but not limited to, Article 24 (commencing with Section 12264) of Subchapter 7 of Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations and any provision of law governing the information that landlords may review and consider when determining to whom they will rent.
(Ord. 23-13 § 7, 2023)
