Editor's Note: The title of this chapter was amended by
§ 3 of Ord. 00-566. The chapter was previously titled "Maintenance
Standards."
a.
All
rental units, at a minimum, shall be:
1.
Painted
no less than once every four years;
2.
Provided
with window coverings and carpet of comparable quality (if such amenities
were provided in the unit on or after April 30, 1984) once every seven
years;
3.
Maintained
in accordance with all applicable building, housing and health codes;
4.
Provided
with new vinyl, linoleum, laminate, bamboo or cork floor covering
of comparable quality (in the same locations where such an amenity
was provided in the unit on or after April 30, 1984) once every seven
years;
5.
Provided
with new wallpaper of comparable quality (in the same locations where
such an amenity was provided in the unit on or after April 30, 1984)
once every seven years.
b.
All
appliances provided by the landlord, including, but not limited to,
heating devices, air conditioners, plumbing, refrigerators, stoves,
elevators, washing machines and dryers and dishwashers shall be maintained
by the landlord so that they are in good working order.
c.
All common areas shall be provided with new carpets and draperies or other window coverings (if such amenities were provided on or after April 30, 1984) once every seven years and shall be painted no less than once every four years. Interior common areas shall be painted no less than once every four years and building exteriors shall be painted no less than once every seven years. For buildings that are designated cultural resources pursuant to Chapter 19.58 of this code, interior common areas and building exteriors are not required to be painted once every four years and seven years, respectively, but shall be maintained in good repair and in compliance with the provisions of Section 19.58.160 of the Cultural Heritage Preservation Ordinance. Notwithstanding this exemption for designated cultural resources, a rent adjustment may be granted when the landlord has failed to comply with an order transmitted to the hearing examiner by the Planning and Development Services Director pursuant to Section 17.44.010(1)(b) to paint an interior common area or building exterior of the designated cultural resource.
d.
The requirements of subsections (a)(1), (a)(2), (a)(4) and (a)(5) and subsection (c) of this section must be performed upon the written request of the tenant(s) to the landlord. The landlord is responsible for all acts reasonably necessary to the performance of maintenance required by this section, including, but not limited to, the reasonable movement of furniture. The tenant(s) may make application to the Rent Stabilization Department pursuant to Section 17.44.040, in the event a landlord fails or refuses to comply with the written request.
e.
The application of the requirements of subsections (a)(1), (a)(2), (a)(4) and (a)(5) and subsection (c) of this section may be modified by the hearing examiner or Commission on appeal on application of the landlord on a finding that the replacements or work are not necessary or that the failure to perform the work or restore the housing service(s) was caused by an intentional act of the tenant, which shall not include performance of maintenance pursuant to subsection (g) of this section. A hearing examiner or the Commission may approve the parties' agreement that carpets, vinyl floor coverings and/or window coverings shall be cleaned in cases where the evidence demonstrates that replacement of an item is not necessary, and that cleaning is necessary. If the cleaning causes the carpet, vinyl floor covering or window covering(s) to deteriorate, the Commission or hearing examiner may require the landlord to replace the item or reduce the rent accordingly.
f.
It also will be presumed for purposes of enforcement of this section that the requirements of subsection (a)(1) of this section and the requirements for painting of common areas set forth in subsection (c) of this section were last satisfied two years prior to the effective date of this title and that the requirements of subsections (a)(2), (a)(4) and (a)(5) of this section and the requirements for replacement of carpets, vinyl floor coverings and window coverings in common areas set forth in subsection (c) of this section were last satisfied four years prior to the effective date of this title, unless proven otherwise by either the landlord or tenant. It will be presumed that if carpeting is cut to fit a room or rooms in a unit and is affixed to an unfinished floor that the carpeting is a fixture which is owned by the landlord and is subject to the requirements of this section unless proven by agreement or otherwise that the carpeting is owned by the tenant.
g.
If a hearing examiner or the Rent Stabilization Commission has issued a final decision ordering a landlord to perform maintenance required by subsections (a)(1), (a)(2), (a)(4) and (a)(5) and (b) of this section and the landlord has not performed the work ordered by the decision within three months of the date of the hearing examiner's decision or, if appealed, the Commission's resolution, the tenant residing in the unit may perform the maintenance, provided that the tenant gives the landlord at least thirty days' written notice of the tenant's intention to perform the maintenance provided that such performance is reasonable. If the landlord does not perform the ordered maintenance within the thirty-day notice period and the tenant thereafter performs the maintenance, the rent decrease ordered in the decision shall remain in effect and the landlord shall be precluded from restoring the rent to its former level until the tenant has been fully reimbursed for all of the costs expended in performing the maintenance, including, but not limited to, reasonable financing costs. Any item which is replaced by a tenant pursuant to the provisions of this subsection shall be owned by the landlord.
h.
Requirement for Resident Manager, Regular Business Hours, Emergency
Telephone Numbers, and Posting of Hours of Business, Emergency Telephone
Numbers, and Rental Payments.
1.
Resident Manager. In the event that the owner does not reside upon the premises, a manager shall reside upon the premises and shall have charge of every parcel on which there are sixteen or more dwelling units, and the manager's information shall be registered with the Department in a manner established by Commission regulation. Only one manager shall be required for all structures under one ownership and on one contiguous parcel of land. An owner may not evict a tenant for the purpose of providing an apartment to a resident manager, except as provided for in subsections (b)(9) and (b)(10) of Section 17.52.010.
2.
Regular
Business Hours. The manager, or the owner if he or she resides upon
the premises, shall maintain regular business hours, during which
he or she is physically present on the premises and available to respond
to tenant concerns. Regular business hours are presumed to be Monday
through Friday from 8:00 a.m. to 5:00 p.m. The owner or the resident
manager may establish a different schedule of operating hours, provided
that such schedule of operating hours provides for hours of operation
of at least four hours per day from Monday through Friday.
3.
Posting
of Regular Business Hours. The schedule of regular business hours
shall be posted at or near each public entrance to the building or
buildings. If there is no public entrance to the building or buildings,
the schedule of regular business hours shall be posted in a common
area location accessible to all the tenants at the property.
4.
Emergency
Telephone Numbers. All residential rental buildings with five or more
units must have emergency telephone numbers posted so that tenants
may contact the owner, the resident manager, or other responsible
person. In cases where the building is required to have a resident
manager, such emergency numbers shall be posted in the same location
where the regular business hours are posted, and in all other cases
such emergency numbers shall be posted in a common area location accessible
to all the tenants at the property.
5.
Rental
Payments. If at any time during a tenancy, the tenant has been provided
the housing service of depositing rental payments at the premises,
the landlord may not require that the tenant mail, deliver or otherwise
make payment at a location other than the premises during the tenancy.
(Prior code § 6412; Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 12, 1985; Ord. 85-79U §§ 1, 12, 1985; Ord. 85-84U § 6, 1985; Ord. 87-135 § 11, 1987; Ord. 87-135U § 11, 1987; Ord. 88-186, 1988; Ord. 88-203 § 1, 1988; Ord. 89-227 § 2, 1989; Ord. 89-237 § 1, 1989; Ord. 89-247 § 3, 1989; Ord. 93-391 § 2, 1994; Ord. 99-548 §§ 30, 58 – 61, 79, 1999; Ord. 00-566 § 4, 2000; Ord. 08-797 § 1, 2008; Ord. 20-1100 § 1, 2020; Ord. 21-1155 § 6, 2021; Ord. 22-1177 §§ 13, 14,
2022; Ord. 23-13 § 3,
2023; Ord. 23-21 § 3,
2023)
