Title 8 CONSUMER PROTECTION AND BUSINESS REGULATIONS
Chapter 8.52 RENT REGULATION
8.52.010 Declaration of purpose.
8.52.011 Declaration of purpose for two-week extension.
8.52.020 Definitions.
8.52.030 Base rent.
8.52.040 Restriction in rents--Effective July 8, 1983.
8.52.051 Restriction in rents--Effective June 30, 1983 to July 14, 1983.
8.52.055 Automatic adjustments to rents and notification of tenants.
8.52.056 Increase in security deposits during term of tenancy.
8.52.060 Rent adjustment commission.
8.52.070 Rent adjustments--Procedures and conditions--Rent adjustment commission authority.
8.52.080 Rent adjustments--For rental units in Marina del Rey.
8.52.090 Evictions.
8.52.100 Use of rental premises as a polling place.
8.52.110 Relocation assistance--Required when.
8.52.120 Relocation assistance--Assistance in locating comparable unit.
8.52.130 Relocation assistance--Moving costs.
8.52.140 Relocation assistance--Compensation for anticipated rent increases.
8.52.150 Relocation assistance--Rental housing production fee.
8.52.160 Noninterference with tenant’s enjoyment of rental unit.
8.52.170 Relocation assistance--Exemptions.
8.52.190 Exemptions--Rental units subject to written lease agreements for a fixed term of more than one month.
8.52.200 Exemptions--Luxury housing.
8.52.210 Re-rental following eviction or voluntary vacancy.
8.52.212 Decontrol upon $15,000.00 renovation.
8.52.213 Decontrol upon tenant’s assignment of rights.
8.52.220 Termination of effect of chapter provisions.
8.52.230 Remedies for charging excess rent.
8.52.240 Violation--Penalty.
8.52.250 Severability.
8.52.010 Declaration of purpose.
Due to a critical shortage of decent, safe and sanitary housing in the
unincorporated areas of the county, the board of supervisors enacted the
ordinance codified in this chapter and from time to time extended it. A two-year
phased deregulation extended rent control until June 30, 1983. It was based upon
the extreme financial hardship to and a dislocation of numerous rent-controlled
tenants which would ensue as a result of immediate termination of rent
regulation. The board now finds that because rents to existing tenants have been
held at artificially low levels, a two-tier rent structure has been created;
that is, market-rate rents for new tenants and substantially under-market rents
for tenants with controlled units. By lifting all controls at this time, the
rent levels on the regulated units will have a tendency to rise to market value
in a relatively short period. The result will be tenant dislocation and
short-term economic hardships, especially for the elderly, if the current
ordinance is immediately terminated. The board finds that, due to vacancy
decontrol, a large percentage of rental units are no longer subject to rent
control and, further, that rental units occupied by the elderly are more likely
still to be subject to rent control since the mobility of such individuals is
substantially less than that of other renters. Therefore, those elderly on fixed
incomes who remain in controlled units will be severely impacted by sudden
decontrol. The board, nevertheless, finds that it is necessary in the long term
to provide sufficient incentives and reduce rent-control regulation in order to
create opportunities for new construction in the county. For these reasons, this
board now finds it necessary in order to protect the health, safety and welfare
of the inhabitants of the unincorporated area of the county, to adopt a
transition ordinance with a 30-month term, terminating on December 31, 1985. The
transition ordinance provides that during the last 12 months of its term
(January 1, 1985 through December 31, 1985), units shall be permanently removed
from rent control based on the month that the tenant then occupying the
controlled unit initially moved into the unit. For example, if a tenant moved
into a controlled unit on March 5, 1975, the unit would be removed from rent
control on March 31, 1985; if the tenant moved in on December 1, 1977, the unit
would be removed on December 31, 1985. The board finds that this mechanism will
ease the administrative difficulties in winding down the ordinance. (Ord.
83-0089 § 1, 1983: Ord. 12346 § 1, 1981: Ord. 12231 § 1, 1980:
Ord. 12148 § 1 (part), 1980: Ord. 11950 § 1, 1979.)
8.52.011 Declaration of purpose for two-week extension.
The board of supervisors finds that although many rental units have been
subject to vacancy decontrol under the existing rent regulation ordinance, the
problems posed by immediate decontrol, as of June 30, 1983, for the tenants
still subject to rent control are likely to be major. The board is currently
exploring practical methods of alleviating those problems for tenants while
insuring the rights of landlords to experience a just and reasonable return on
their investment. Specifically, the board has under consideration a proposal for
the 30-month extension of rent regulation and the establishment of a mediation
panel through which tenants would be accorded an opportunity to meet and confer
with landlords prior to eviction or imposition of rental increases. In order to
study the effects of such a proposal upon the current housing problems and to
determine the extent of current effects of the housing shortage, this board
finds that it is necessary to continue to regulate rents at their current rate
for an additional two weeks until July 14, 1983. (Ord. 83-0084 § 1,
1983.)
8.52.020 Definitions.
A. “Average per-unit capital improvement cost” means an amount
determined by dividing the cost of the capital improvement by the total number
of dwellings in a complex with respect to which the cost was incurred,
irrespective of whether all such dwellings are subject to this
chapter.
B. “Average per-unit rehabilitation cost” means an
amount determined by dividing the cost of the rehabilitation, less any
off-setting insurance proceeds, by the total number of dwellings in a complex
with respect to which the cost was incurred, irrespective of whether all such
dwellings are subject to this chapter.
C. “Capital improvement”
means the addition or replacement of the following improvements to a rental unit
or common areas of the housing complex containing the rental unit, provided such
new improvement has a useful life of five years or more: roofing, carpeting,
draperies, stuccoing the outside of the building, air conditioning, security
gates, swimming pool, sauna or hot tub, fencing, garbage disposal, washing
machine or clothes dryer, dishwasher, children’s play equipment
permanently installed on the premises, and other similar improvements as
determined by the regional planning department. The regional planning department
shall develop and submit to the board for approval regulations as to what
constitutes a “capital improvement.”
D. “Dwelling
unit” means a group of two or more rooms, one of which is a kitchen,
designed for occupancy by one family for living and sleeping
purposes.
E. “Efficiency dwelling unit” means a room located
within an apartment house or apartment hotel, used or intended to be used for
residential purposes, which has a kitchen and living and sleeping quarters
combined therein.
F. “Guest room” means any habitable room
except a kitchen, designed or used for occupancy by one or more persons and not
in a dwelling.
G. “Housing services” means services connected
with the use or occupancy of a rental unit, including, but not limited to,
utilities (including light, heat, water and telephone), ordinary repairs or
replacement, and maintenance, including painting. This term shall also include
the provision of elevator service, laundry facilities, and privileges, common
recreational facilities, janitor service, resident manager, refuse removal,
furnishings, parking, and any other benefits, privileges or
facilities.
H. “Landlord” means an owner, lessor or sublessor
(including any person, firm, corporation, partnership or other entity) who
receives or is entitled to receive rent for the use of any rental unit, or the
agent, representative or successor of any of the
foregoing.
I. “Maintenance costs” means costs to repair existing
buildings or equipment which were a part of the rental unit or rental unit
complex at the time of the tenant’s original occupancy, with the exception
of those items defined under “capital improvements” or
“rehabilitation work.”
J. “Rehabilitation work”
means any rehabilitation or repair work done on or in a rental unit, or common
areas of the housing complex containing the rental unit, and which work was done
in order to comply with an order issued by the county engineer, the county
public health department, or the county fire department, to repair damages
resulting from fire, earthquake or other natural
disaster.
K. “Rent” means the consideration, including any
bonus, benefits or gratuity, demanded or received by a landlord for or in
connection with the use or occupancy of a rental unit, or the assignment of a
lease for such a unit, including but not limited to moneys demanded or paid for
parking, furnishings, housing services of any kind, and
subletting.
L. “Rental units” means all dwelling units,
efficiency dwelling units, guest rooms and suites in the unincorporated areas of
the county of Los Angeles, together with the land and buildings appurtenant
thereto, and all housing services, privileges, furnishings and facilities
supplied in connection with the use or occupancy thereof, including garage and
parking facilities. This term shall also include mobile homes, whether rent is
paid for the mobile home and the land upon which the mobile home is located, or
rent is paid for the land alone. The term shall not include:
1. Housing
accommodations in hotels, motels, inns, tourist homes and boarding and rooming
houses, provided that at such time as an accommodation has been occupied by one
or more of the same tenants for 60 days or more, such accommodation shall become
a rental unit subject to the provisions of this chapter;
2. Housing
accommodations in nonprofit cooperatives owned and controlled by a majority of
the residents;
3. Housing accommodations in any hospital, convent,
monastery, extended medical-care facility, asylum, nonprofit home for the aged,
or housing accommodations owned, operated or managed by an institution of higher
education, a high school, or an elementary school for occupancy by its
students;
4. Housing accommodations which a government unit, agency or
authority owns, operates or manages, or which are specifically exempted from
county rent regulation by state or federal law or administrative
regulation;
5. Housing accommodations located in a structure for which a
certificate of occupancy was first issued after July 1,
1979;
6. Single-family dwellings.
M. “Rent increase” means
an increase in rent or any reduction in housing services where there is not a
corresponding reduction in the amount of rent received. The regional planning
department shall promulgate regulations as to what constitutes such
“corresponding reduction.”
N. “Tenant” means a
tenant, subtenant, lessee, sublessee, or any other person entitled to use or
occupancy of a rental unit.
O. “Suite” means a group of
habitable rooms designated as a unit and occupied by only one family, but not
including a kitchen or other facilities for the preparation of food, with
entrances and exits which are common to all rooms comprising the suite. (Ord.
2006-0040 § 34, 2006; Ord. 83-0089 § 2, 1983: Ord. 82-0058
§ 1, 1982; Ord. 82-0056 § 1, 1982: Ord. 12346 § 2,
1981; Ord. 12148 § 1 (part), 1980: Ord. 11950 § 2,
1979.)
8.52.030 Base rent.
The base rent shall be the maximum rent permitted under this chapter as of
June 29, 1983. (Ord. 83-0089 § 3, 1983: Ord. 12346 § 3, 1981: Ord.
12148 § 1 (part), 1980: Ord. 11950 § 3, 1979.)
8.52.040 Restriction in rents--Effective July 8, 1983.
Except as otherwise provided by this chapter, between June 30, 1983 and
December 31, 1985, no landlord shall demand, accept, or retain more than the
base rent established pursuant to Section 8.52.030 increased by nine percent
annually; but if the landlord pays all the costs of electricity and/or gas
services for a rental unit then the rent may be increased an additional one
percent for each such service paid by the landlord. If a rent increase is
imposed pursuant to this section, then no rent increase may be imposed pursuant
to this section until 12 consecutive months or more have elapsed since such rent
increase. (Ord. 83-0089 § 4, 1983: Ord. 12346 § 4, 1981: Ord. 12148
§ 1 (part), 1980: Ord. 11950 § 4, 1979.)
8.52.051 Restriction in rents--Effective June 30, 1983 to July 14, 1983.
Except as otherwise provided by this chapter, between June 30, 1983 and
July 14, 1983, inclusive, no landlord shall demand, accept, or retain more than
the maximum rent permitted on June 29, 1983. (Ord. 83-0084 § 2,
1983.)
8.52.055 Automatic adjustments to rents and notification of tenants.
A. New and Increased Fees or Assessments.
1. If on or after June 30,
1981 a new or increased fee or assessment is placed upon a rental property by
the county, a city, or a special district, the landlord may, without seeking
approval of the rent adjustment commission, increase the rent on each rental
unit within said property to recoup such new fee or assessment or the increase
in the amount of such fee or assessment.
2. When increasing rents pursuant
to this section, the landlord shall increase the rent on all rental units
affected on a pro rata basis of rent charged, and shall not increase rents more
than is necessary in order to recoup the amount of any new fee or assessment or
of the increase in the amount of such fee or assessment.
B. Notification of
Tenants. Each landlord who demands or accepts a rent increase pursuant to
subsection A of this section effective on or after June 30, 1981, shall inform
the tenant in writing of the factual justification for the rent increase. (Ord.
12346 § 6, 1981: Ord. 12148 § 1 (part), 1980: Ord. 11950 § 4.2,
1979.
8.52.056 Increase in security deposits during term of tenancy.
A. Limitation of Increase for Security Deposit. If the rent is increased
pursuant to this chapter during the term of the tenancy, and security as defined
in California Civil Code Section 1950.5 on deposit with the landlord is less
than one month’s rent. the landlord may demand or accept an increase in
the amount of the security; provided, however, that the amount so demanded or
accepted shall not bring the security on deposit above the amount of the new
monthly rent.
B. Notification of tenants. the landlord who demands or
accepts a security increase pursuant to subsection A of this section on or after
February 28, 1982 shall inform the tenant in writing of the justification for
this increase.
C. Election to Pay in 10-percent Increments. Within 30 days
after notification pursuant to subsection B of this section, an affected tenant
may elect to pay such increase in increments of 10 percent of the increase per
month over a period of 10 months. (Ord. 82-0058 § 2, 1982.)
8.52.060 Rent adjustment commission.
A. Creation and Organization of the County Rent Adjustment Commission.
There is created and established a commission to be known as the “county
rent adjustment commission.”
B. Membership. Each member of the board
shall nominate three persons to be appointed to the commission, and the board
from such nominations shall appoint 15 members to the commission. The three
persons nominated by each board member shall consist of one landlord, one
tenant, and one person who is neither a landlord nor a tenant.
C. Term. The
term of office for each member of the commission shall be for the period of time
the ordinance codified in this chapter is in effect, except that the board may
remove any member at any time.
D. Meetings. The commission shall meet at
least once every two months.
E. Compensation. Each member shall be paid
$25.00 for each day the member attends a meeting or sits as a member of a rent
adjustment panel.
F. Duties. The commission shall be responsible for acting
upon applications for rent adjustments submitted pursuant to Section 8.52.070 of
this chapter.
G. At its first meeting, the commission shall elect a
chairperson and such other officers as the commission may deem appropriate. The
chairperson shall divide the commission into five rent adjustment panels, each
panel to consist of a landlord, a tenant, and a person who is neither a landlord
nor a tenant.
H. An application for a rent adjustment shall be assigned by
the chairperson to a designee; that is, to a rent adjustment panel or to staff.
The rent adjustment panel or staff shall act upon the application, and its
decision shall constitute the decision of the commission unless appealed by the
affected applicant or tenant to the commission as a whole.
1. The director
of the department of community development shall designate department employees
to furnish staff support to the commission. (Ord. 82-0055 § 1, 1982: Ord.
12148 § 1 (part), 1980: Ord. 11950 § 4.5, 1979.)
8.52.070 Rent adjustments--Procedures and conditions--Rent adjustment commission authority.
A. The rent adjustment commission, acting through its rent adjustment
panels or staff, in accordance with guidelines developed by the regional
planning department and approved by the board, shall have the authority to grant
adjustments in the rent for a rental unit or units located in the same housing
complex upon receipt of an application for adjustment filed by the landlord of
the unit or units if it finds that one or more of the following grounds
exist:
1. That on or after April 1, 1978, the landlord has completed a
capital improvement with respect to a rental unit and has not increased the rent
to reflect the cost of such improvement. If a rent adjustment panel or staff so
finds, the landlord shall be entitled to a monthly rental increase calculated by
amortizing the cost of such improvement over a period of time set forth in
regulations adopted by the commission; provided, however, that in no event shall
the monthly rent increase exceed one-sixtieth (1/60) of the average per unit
capital improvement cost;
2. That on or after April 1, 1978, the landlord
has completed rehabilitation work with respect to a rental unit and has not
increased the rent to reflect the cost of such work. If a rent adjustment panel
so finds, the landlord shall be entitled to a monthly rent increase of
one-thirty-sixth (1/36) of the average per unit rehabilitation cost;
3. That
the maximum rent otherwise permitted by this chapter does not permit a just and
reasonable return on the rental unit or units. The following are factors, as the
regional planning department may develop and propose to the board for approval
which may be considered in determining whether a rental unit yields a just and
reasonable return:
a. Property taxes,
b. Reasonable operating and
maintenance expenses,
c. The extent of capital improvements made to the
building in which the rental unit is located, as distinguished from ordinary
repair, replacement and maintenance,
d. Living space, and the level of the
housing services,
e. Substantial deterioration of the rental units other
than as a result of ordinary wear and tear, and
f. Failure to perform
ordinary repair, replacement and maintenance.
B. Anti-speculation Provision.
If the only justification offered on the landlord’s application for the
requested rent increase, pursuant to subsection A3 of this section, is an
assertion that the maximum rents permitted pursuant to this chapter do not allow
the landlord return sufficient to pay both the operating expenses and debt
service on the rental unit or units or on the housing complex containing the
rental unit or units, a rent adjustment will not be permitted pursuant to this
subsection to a landlord who acquired an interest in the rental unit or units
after July 1, 1979.
C. Procedures.
1. An application for rent adjustment
shall be submitted on a form and with the number of copies prescribed by the
clerk of the rent adjustment commission, and shall include among other things
the addresses and unit numbers of the unit or units for which an adjustment is
requested. Such application may include all rental units in a housing complex
for which a rent increase is requested. An application must be accompanied by a
$25.00 filing fee. An applicant shall produce at the request of the rent
adjustment commission or designee such records, receipts or reports as the
commission or designee may deem necessary to make a determination on the
adjustment request. Failure to produce such requested items shall be sufficient
basis for the commission or designee to terminate the rent adjustment
proceeding. All applications for rent adjustment, together with all written
evidence presented in support thereof, shall be under oath or penalty of
perjury.
2. Upon receipt of a completed application, the clerk of the rent
adjustment commission shall notify by mail the tenant or tenants of the subject
unit or units of the receipt of such application, the amount of the requested
rent increase, the landlord’s justification for the request and the
tenant’s right to submit written objections to the applicant’s
request within 10 working days.
3. A determination, with written findings in
support thereof, shall be made by a rent adjustment panel or staff within 30
days from the date of the filing of the application; provided, however, that
said 30-day time limit shall be suspended and not continue to run until such
time as the landlord has furnished all information requested by the commission
or designee. A rent adjustment may be granted for less, but for no more than,
the amount requested.
4. Copies of the findings and determination of the
rent adjustment panel or staff shall be mailed by the panel to the applicant and
all affected tenants. The determination shall be final unless appealed by the
applicant or any affected tenant within 15 working days from the date of
determination. Appeals shall be in writing. (Ord. 82-0055 § 2, 1982: Ord.
12148 § 1 (part), 1980: Ord. 11950 § 5, 1979.)
8.52.080 Rent adjustments--For rental units in Marina del Rey.
Notwithstanding any other provision in the ordinance codified in this
chapter, or any other ordinance, the duties of the rent adjustment commission
and rent adjustment panels shall be performed in that area of the county known
as the Marina del Rey by the county small craft harbor commission unless
assigned by that body to its staff. (Ord. 82-0055 § 3, 1982: Ord. 12148
§ 1 (part), 1980: Ord. 11950 § 5.5, 1979.)
8.52.090 Evictions.
A. Permissible Causes. A landlord may bring an action to recover
possession of a rental unit only upon one of the following grounds:
1. The
tenant has failed to pay the rent to which the landlord is entitled;
2. The
tenant has violated an obligation or covenant of the tenancy, other than the
obligation to surrender possession upon proper notice, and has failed to cure
such violation after having received written notice thereof from the
landlord;
3. The tenant is committing or permitting to exist a nuisance in,
or is causing damage to the rental unit or to the appurtenances thereof, or to
the common areas of the complex containing the rental unit, or is creating an
unreasonable interference with the comfort, safety or enjoyment of any of the
other residents of the same or any adjacent building;
4. The tenant is using
or permitting a rental unit to be used for any illegal purpose;
5. The
tenant who had a written lease or rental agreement which terminated on or after
the effective date of the ordinance codified in this chapter, has refused, after
written request or demand by the landlord, to execute a written extension or
renewal thereof for a further term of like duration with similar provisions and
in such terms as are not inconsistent with or violative of any provision of this
chapter;
6. The tenant has refused the landlord reasonable access to the
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;
7. The
person in possession of the rental unit at the end of a lease term is a
subtenant not approved by the landlord;
8. The landlord seeks in good faith
to recover possession of the rental unit for use and occupancy of the rental
unit by the landlord or the landlord’s spouse, children, parents,
grandparents, grandchildren, brother, sister, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, or sister-in-law;
9. The
landlord seeks in good faith to recover possession so as to rehabilitate or
remodel the rental unit, and the work to be performed necessitates the removal
of the rental unit from rental housing use;
10. The landlord seeks in good
faith to recover possession for the purpose of converting the unit into a
condominium, cooperative or community apartment, and the landlord has complied
with the notice requirements of Government Code Section 66427.1 and the
requirements of Chapter 8.48 of this code relating to condominium, cooperative
or community apartment conversion projects;
11. The landlord seeks in good
faith to recover possession in order to permanently remove the rental unit from
rental housing use.
B. Notification of Tenants. The landlord shall state the
reason for the just-cause eviction on the written notice of termination served
on the tenant pursuant to California Civil Code Section 1946.
C. Retaliatory
Evictions. If the dominant intent of the landlord in seeking to recover
possession of a rental unit is retaliation against the tenant for exercising his
or her rights under this chapter, and if the tenant is not in default as to the
payment of rent, the landlord may not recover possession of a rental unit in any
action or proceeding or cause the tenant to quit voluntarily.
D. Notice to
Cure. Before a landlord can use tenant violation of a covenant or obligation of
tenancy as grounds for eviction pursuant to subsection A2 of this section, the
landlord must have provided the tenant with a written statement of the
respective covenants and obligations of both the landlord and tenant prior to
such alleged violation, and such statement must have set forth the particular
covenant or obligation subsequently alleged to have been
violated.
E. Affirmative Defense. In any action by a landlord to recover
possession of a rental unit, the tenant may raise as an affirmative defense any
of the grounds set forth in subsections A, B, C and D of this section. (Ord.
12148 § 1 (part), 1980: Ord. 11950 § 6, 1979.)
8.52.100 Use of rental premises as a polling place.
A landlord may not evict a tenant because a tenant allowed the rental
premises to be used as a polling place or polling location pursuant to a polling
place rental agreement with the county registrar of voters. (Ord. 12148 § 1
(part), 1980: Ord. 11950 § 6.1, 1979.)
8.52.110 Relocation assistance--Required when.
The relocation assistance provided for in Sections 8.52.120, 8.52.130 and
8.52.140 of this chapter shall be provided to tenants who are evicted for the
purpose of demolishing a unit or converting a unit into a condominium,
cooperative or community apartment, or transferring ownership thereof, or to
tenants who voluntarily vacate after receiving written notice from the landlord
of the intention to demolish or convert; provided, however, that such relocation
assistance shall nor be required if the rental unit was rented to all of the
current tenants subsequent to their receipt of a written notice of intention to
demolish or convert. (Ord. 12148 § 1 (part), 1980: Ord. 11950 §
6.5(A), 1979.)
8.52.120 Relocation assistance--Assistance in locating comparable unit.
A. The landlord shall assist each tenant in finding a comparable
replacement rental unit. Comparability shall be determined from the following
factors: size, price, location, and amenities. A unit is not comparable if it is
located in a building for which an application for conversion purposes has been
filed with any governmental agency. Such assistance shall be available to all
eligible tenants within 10 days of the date on which the 120-day notice required
by Government Code Section 66427.1 is sent to each tenant. Such assistance shall
include, at a minimum, the following:
1. Making available to each tenant an
updated report concerning the availability of comparable rental housing in the
area of the tenant’s present unit;
2. Driving tenants without cars,
and assisting tenants with cars, in order to inspect units.
B. Until each
tenant is successfully relocated pursuant to the provisions of this section and
Sections 8.52.110 and 8.52.030 through 8.52.170 the tenant shall be permitted to
reside in the unit presently occupied in the conversion project; provided,
however, the subdivider is not required to consent to continue tenancy beyond
the latest of:
1. 12 months from the date of tentative tract map or
tentative parcel map approval; or
2. 120 days after the date on which the
120-day notice of intent is given to all tenants; or
3. The receipt by the
subdivider of the final subdivision report from the department of real estate.
(Ord. 12148 § 1 (part), 1980: Ord. 11950 § 6.5(B), 1979.)
8.52.130 Relocation assistance--Moving costs.
The landlord shall pay $500.00 to each eligible household to cover moving
costs, said amount to be paid on or before the date the unit is vacated. (Ord.
12148 § 1 (part), 1980: Ord. 11950 § 6.5 (C), 1979.)
8.52.140 Relocation assistance--Compensation for anticipated rent increases.
The landlord shall pay to each eligible household, at the time a unit is
vacated, $1,000.00; or, at the tenant’s election, a sum equal to the
current monthly rental times the number of years or portions thereof a tenant
has occupied the unit, if, at the time the unit was vacated, it was subject to
Sections 8.52.030 and 8.52.040 of this chapter. (Ord. 12148 § 1 (part),
1980: Ord. 11950 § 6.5(D), 1979.)
8.52.150 Relocation assistance--Rental housing production fee.
A. In the event a structure is converted to a condominium, cooperative or
community apartment, the landlord shall deposit, in an interest-bearing account,
one percent of the purchase price of each unit; or, if all units are not sold
within 18 months after final map approval, one percent of the current market
value for each unsold unit as reflected on the assessor’s tax roll at the
expiration of said 18-month period. The deposits required by this section shall
be deposited within 10 days after the agreement to purchase has been executed,
or within 10 days after the expiration of the 18-month period, whichever is
applicable.
B. The county housing authority shall be the owner of the
account, and funds deposited therein may be withdrawn by the county housing
authority for use in the development of lower-income housing, including, but not
limited to, the subsidizing of the cost of land to make a federally subsidized
project financially feasible. In the event the county housing authority uses
said funds to subsidize a private development, the authority shall require the
developer to execute a covenant and agreement that the project shall be
restricted to lower-income apartment use for 20 years. In no event, however, may
said funds be used for general administrative expenses of the county housing
authority. The use of such funds by the county housing authority shall be in
accordance with the following priority:
1. First priority shall be to use
the funds within a five-mile radius of the converted project;
2. Second
priority shall be to use the funds within the Supervisorial District of the
converted project;
3. Third priority shall be to use the funds elsewhere
within the county housing authority’s jurisdiction. (Ord. 12148 § 1
(part), 1980: Ord. 11950 § 6.5(E), 1979.)
8.52.160 Noninterference with tenant’s enjoyment of rental unit.
The owner of a rental unit shall not perform work in such unit associated
with the conversion project until such time as all of the tenants have vacated
the unit or one or more of the tenants has executed an agreement to purchase
said unit. Nothing in this section or Sections 8.52.110 through 8.52.150 and
8.52.170 shall prevent the owner from performing routine maintenance or other
work required to maintain the unit in a habitable condition. (Ord. 12148 §
1 (part), 1980: Ord. 11950 § 6.5(F), 1979.)
8.52.170 Relocation assistance--Exemptions.
Sections 8.52.110 through 8.52.160 shall not apply to any educational
institution of collegiate grade, within the state of California, not conducted
for profit, where:
A. Said institution is converting apartment housing
occupied by its students to either condominiums, community apartments or stock
cooperatives;
B. The purpose of the conversion is for sales to its teachers
and other personnel of said institution; and
C. The students in said
apartment are provided adequate replacement housing by said institution. (Ord.
12164 § 1, 1980: Ord. 11950 § 6.5(G), 1979.)
8.52.190 Exemptions--Rental units subject to written lease agreements for a fixed term of more than one month.
This chapter shall not apply to any rental unit rented pursuant to a
written lease agreement for a fixed term of more than one month that was signed
by the tenant prior to February 26, 1979. Upon expiration of said lease, this
exemption shall no longer apply. (Ord. 12202 § 1, 1980: Ord. 12148 § 1
(part), 1980: Ord. 11950 § 8, 1979.)
8.52.200 Exemptions--Luxury housing.
A. Section 8.52.030 (base rent) and Section 8.52.040 (restriction in
rents) shall not apply to luxury housing accommodations wherein:
1. For
units offered in the rental market on May 31, 1978, or prior thereto, the rent
charged on May 31, 1978, or if not rented on said date, the rent charged to the
previous tenant, was at least:
$302.00 for a unit with no
bedrooms,
$420.00 for a unit with one bedroom,
$588.00 for a unit with
two bedrooms,
$756.00 for a unit with three bedrooms,
$823.00 for a unit
with four bedrooms or more;
2. For units first offered in the rental market
between June 1, 1978 and June 30, 1979, the rent charged to the first tenant
occupying the unit was at least:
$325.00 for a unit with no
bedrooms,
$452.00 for a unit with one bedroom,
$632.00 for a unit with
two bedrooms,
$813.00 for a unit with three bedrooms,
$885.00 for a unit
with four bedrooms or more.
B. The exemption provided by this section shall
not apply to mobile homes. (Ord. 12148 § 1 (part), 1980: Ord. 11950 §
8.5, 1979.)
8.52.210 Re-rental following eviction or voluntary vacancy.
A. Voluntary Vacancy or Eviction for Failure to Pay Rent. If, after July
1, 1979, a rental unit is voluntarily vacated by all of the tenants, or is
vacated by all of the tenants as a result of an eviction based on the failure to
pay rent to which the landlord is entitled, said unit shall no longer be subject
to Section 8.52.030 (base rent), Section 8.52.040 (restriction in rents),
Section 8.52.050 (restriction in rents), Section 8.52.055 (automatic
adjustments), Section 8.52.070 (rent adjustments), Section 8.52.080 (rent
adjustments--Marina del Rey) or Section 8.52.090 (evictions) of this chapter.
This exemption shall not apply:
1. Where the tenants who voluntarily vacated
or were evicted were placed into possession following an eviction pursuant to
subsection A8 of Section 8.52.090 (use of unit by landlord or a family member)
of this chapter; and
2. The tenants remained in possession for less than six
months.
B. Eviction under Section 8.52.090 A2--A10. If a rental unit is
vacated by all of the tenants after July 22, 1979, as a result of an eviction of
tenancy based on one or more of the grounds described in subsections A2 through
A10, inclusive, of Section 8.52.090, the rent may not be increased upon
re-rental of the unit, except as otherwise provided by this chapter. The
vacation of a rental unit by a tenant as a result of the landlord creating an
unreasonable interference with the tenant’s comfort, safety or enjoyment
of the rental unit shall not be deemed a voluntary vacation, and shall not be a
ground for increasing the rent to the next occupant of the rental unit. (Ord.
82-0057 § 1, 1982; Ord. 12148 § 1 (part), 1980: Ord. 11950 § 8.6,
1979.)
8.52.212 Decontrol upon $15,000.00 renovation.
Units for which renovation work was started and completed on or after
September 1, 1980, for which work the landlord paid not less than $ 15,000.00
for each unit renovated, and subsequently offered on the rental market, shall be
decontrolled for all purposes. (Ord. 83-0089 § 6, 1983.)
8.52.213 Decontrol upon tenant’s assignment of rights.
If a tenant or tenants shall execute an assignment of all rights to the
rental unit to any third party or parties without the express written agreement
of the landlord consenting to the application of the regulation provided under
this chapter, the unit assigned shall be decontrolled for all purposes. (Ord.
83-0089 § 7, 1983.)
8.52.220 Termination of effect of chapter provisions.
A. Except as otherwise provided, the provisions of this chapter shall
cease to be in effect December 31, 1985; provided, however, that the provisions
of this chapter shall be considered as still remaining in full force and effect
thereafter for the purpose of maintaining or defending any judicial proceeding
with respect to any right or liability that may have been under the provisions
of this chapter during its operative period. Commencing on January 1, 1985 and
continuing through December 1, 1985, rental units then still subject to
regulation on that date shall be decontrolled as of the last day of the month
which is the anniversary month of the tenant’s initial occupancy of the
rental unit. Such decontrol shall not be effective unless the landlord shall
have given the tenant 30 days’ prior written notice of such decontrol,
which notice specifically references this section.
B. The regional planning
department shall monitor the overall vacancy rate for rental units within the
unincorporated areas of the county and shall file with the clerk of the board on
a quarterly basis a report stating what the overall vacancy rate was. The
provisions of this chapter shall cease to be in effect immediately upon the
filing of a report pursuant to this subsection B which reflects an overall
vacancy rate of five percent or more; provided, however, that the provisions of
this chapter shall be considered as still remaining in full force and effect
thereafter for the purpose of maintaining or defending any judicial proceeding
with respect to any right or liability that may have arisen under the provisions
of this chapter during its operative period. (Ord. 83-0089 § 8, 1983: Ord.
83-0084 § 3, 1983: Ord. 12346 § 7, 1981; Ord. 12231 § 2, 1980;
Ord. 12148 § 1 (part), 1980: Ord. 11950 § 9, 1979.)
8.52.230 Remedies for charging excess rent.
A. Any person who demands, accepts or retains any payment of rent in
excess of the maximum rent permitted by this chapter shall be liable in a civil
action to the person from whom such payment is demanded, accepted or retained
for damages of three times the amount by which the payment or payments demanded,
accepted or retained exceed the maximum rent which could be lawfully demanded,
accepted or retained together with reasonable attorneys’ fees and costs as
determined by the court.
B. A tenant may refuse to pay any rent in excess of
the maximum rent permitted by this chapter. The fact that such rent is in excess
of maximum rent shall be a defense in any action brought to recover possession
of a rental unit or to collect the illegal rent. (Ord. 12148 § 1 (part),
1980: Ord. 11950 § 11, 1979.)
8.52.240 Violation--Penalty.
Any person violating any of the provisions, or failing to comply with any
of the requirements, of this chapter shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the provisions of this chapter shall be
punishable by a fine of not more than $500.00 or by imprisonment in the County
Jail for a period of not more than six months, or by both. Each violation of any
provision of this chapter, and each day during which any such violation is
committed, permitted or continued, shall constitute a separate offense. (Ord.
12148 § 1 (part), 1980: Ord. 11950 § 10, 1979.)
8.52.250 Severability.
If any provision or clause of this chapter or the application thereof to
any person or circumstance is held to be unconstitutional or to be otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect
other chapter provisions or clauses or applications thereof which can be
implemented without the invalid provision or clause or application, and to this
end the provisions and clauses of this chapter are declared to be severable.
(Ord. 12148 § 1 (part), 1980: Ord. 11950 § 12, 1979.)
<< previous | next >>