Division 4C.15 — RESIDENT PROTECTIONS

City of Los Angeles Zoning Code Chapter 1A

OF DWELLING UNITS

A. Intent

The intent of the standards of this Section (Housing Projects That Result In The Demolition Of

Dwelling Units) is to codify housing replacement requirements, ensure preservation of dwelling

units, and ensure consistent occupant protections when residential projects result in the loss of

dwelling units.

B. Applicability

1. Loss of Protected Units

The requirements of this Section (Housing Projects That Result In The Demolition Of Dwelling Units) apply to any project that meets the definition of “housing development project” as defined in California Government Code Sec. 65589.5(h)(2), except that, for purposes of

this Section (Housing Projects That Result In The Demolition Of Dwelling Units), “housing

development project” also includes projects that involve no discretionary approvals and

projects to construct a single dwelling unit, and either:

a. Will require or result in the loss or reduction of occupied or vacant protected units; or

b. Is located on a lot where protected units were removed in the previous five years.

2. Loss of Dwelling Units

The requirements of Paragraph 2. (No Net Loss of Dwelling Units) of Subsection C. (Standards), below, apply to any project that meets the definition of “housing development project” as defined in California Government Code Sec. 65589.5(h)(2), except that, for purposes of

this Section (Housing Projects That Result In The Demolition Of Dwelling Units), “housing

development project” also includes projects that involve no discretionary approval and projects

to construct a single dwelling unit, and either:

a. Will require or result in the loss or reduction of occupied or vacant dwelling units; or

b. Is located on a lot where dwelling units were removed in the previous five years.

3. Project Activities

The requirements of this Section (Housing Projects That Result In The Demolition Of Dwelling

Units) apply to project activities that may result in the loss or reduction of occupied or vacant

protected units or dwelling units, as described in Paragraph 1. (Loss of Protected Units) and

Paragraph 2. (Loss of Dwelling Units), above, including:

a. New construction;

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b. Major remodel;

c. Exterior modifcationi ;

d. Use modifcationi ;

e. Temporary use;

f. Demolition; and

g. Renovation.

4. Reconciling Provisions

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a. Relationship to Specifc Plani s, Supplemental Districts, Special Zones, and Specifc i

Plans established in Article 8. (Supplemental & Special Zoning) may establish additional

replacement requirements and/or additional occupant protections greater than those

provided in this Section (Housing Projects That Result In The Demolition Of Dwelling

Units), in which case, the greater replacement requirements and occupant protections

shall be used. However, in the event the provisions of a Historic Preservation Overlay Zone (HPOZ) conflict with the provisions of this Section (Housing Projects That Result In The

Demolition Of Dwelling Units), the provisions of the HPOZ shall prevail.

b. Relationship to State Law

This Section (Housing Projects That Result In The Demolition Of Dwelling Units) shall

be implemented consistent with the requirements of State Law contained in California

Government Code Sec. 66300.6 . The Director may prepare Implementation Memoranda,

Technical Bulletins, and/or User Guides related to the local implementation of California

Government Code Sec. 66300.6, Sthrough this Section (Housing Projects That Result In

The Demolition Of Dwelling Units) .

C. Standards

1. Replacement of Existing or Demolished Protected Units

The project shall replace all existing protected units and protected units demolished on or after

January 1, 2020, pursuant to the replacement requirements of California Government Code Sec.

65915(c)(3), consistent with the requirements in this Section (Housing Projects That Result In The

Demolition Of Dwelling Units) . These requirements apply in addition to any requirements included

in Chapter XV. (Rent Stabilization Ordinance), Sec. 151.28 (Ellis Act Provisions) of this Code.

a. Income Requirements

Protected units occupied on the date of application shall be replaced with dwelling units at an affordable rent, see Paragraph 2. (Affordable Rent) of Subsection D. (Measurement) below, or affordable housing cost, see Paragraph 1. (Affordable Housing Cost) of

Subsection D. (Measurement) below, to, and occupied by, persons and families in the same

or lower income category as those households in occupancy based upon the units and

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incomes of those households in occupancy, pursuant to California Government Code Sec.

65915(c)(3)(B)(i), inclusive of the following income categories: low income households;

very low income households; extremely low income households; and acutely low income

households. Protected units that have been demolished or vacated on or before the

date of application shall be replaced with units at an affordable rent, see Paragraph 2. (Affordable Rent) of Subsection D. (Measurement) below, or affordable housing cost, see Paragraph 1. (Affordable Housing Cost) of Subsection D. (Measurement) below, based upon the highpoint in occupancy during the previous five years, pursuant to California

Government Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c)(3)

(B)(ii) .

i. Replacement When Incomes Are Not Known

If the incomes of the individuals and households are not known, and unless otherwise

demonstrated, the presumption in California Government Code, Chapter 4.3.

(Density Bonuses and Other Incentives), Sec. 65915(c)(3)(B)(i) regarding lower income

households shall be inclusive of the percentage of extremely low income households,

very low income households and low income households in the same proportion

as their share of all renter households within the City, as determined by the General

Manager of the Los Angeles Housing Department utilizing the most recently available

data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database or equivalent census data

disaggregated by tenure and income category.

ii. Replacement of Rent or Price Controlled Dwelling Units

Notwithstanding Sub-subparagraph i. (Replacement When Incomes Are Not Known),

above, dwelling units subject to a form of rent or price control through a local

government’s valid exercise of its police power shall be replaced as follows:

a) In Higher Opportunity Areas and Moderate Opportunity Areas, dwelling units

deemed or presumed to be occupied by persons or families above the lower

income category shall be replaced with low income units.

b) In Lower Opportunity Areas, with the dwelling units proportionate to the share of

all lower income renter households within the City described in Sub-subparagraph

i. (Replacement When Incomes Are Not Known), above.

b. Equivalent Size

All replacement units must be of equivalent size, pursuant to Paragraph 5. (Equivalent Size)

of Subsection D. (Measurement) below, and projects shall contain at least the same total

number of units and total aggregate number of bedrooms as the protected units being replaced. New units do not have to match bedroom configurations of demolished units, except when a tenant is exercising the right to return as defined in Paragraph 3. (Existing

Occupant Protections) below.

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c. Relationship to Other Affordability Requirements

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Any protected units replaced pursuant to this Paragraph (Replacement of Existing or

Demolished Protected Units) shall be considered in determining whether the project satisfies the requirements of any state, local or federal requirement that requires, as a

condition of the development of rental units, that the project provide a certain percentage of rental units affordable to, and occupied by, households with incomes that do not

exceed the limits for moderate income households, lower income households, very

low income households, extremely low income households, or acutely low income households, as specified in Sections 50063.5, 50079.5, 50093, 50105, and 50106 of the

California Health and Safety Code .

d. Exceptions

Notwithstanding the requirements above, the replacement requirements of this Section

(Housing Projects That Result In The Demolition Of Dwelling Units) shall not apply to the

following:

i. A project that consists of a single dwelling unit on a site with a single protected unit; or

ii. A project that complies with the requirements of Subparagraph a. of Paragraph 2. (No

Net Loss of Dwelling Units) below.

e. Procedures

An owner of a project subject to the above requirements must complete an application

for a Replacement Unit Determination with the Los Angeles Housing Department (LAHD).

Information from the owner and existing tenant(s), as well as information gathered by

LAHD, will be used to determine whether any protected units exist.

2. No Net Loss of Dwelling Units

Notwithstanding any other law and notwithstanding density limitations on a site, no permit

shall be issued for a project that will require the demolition or loss of one or more dwelling

units irrespective of protected unit status, unless the project will create at least as many

dwelling units as those demolished. In addition, the project shall include at least as many

dwelling units as the greatest number of dwelling units that existed on the project site within the last five years, except for the following:

a. LAHD may approve an off-site replacement plan for buildings with restricted afordable f

units that request approval to build a smaller number of dwelling units on the site in the

following circumstances:

i. The proposed construction of the new restricted afordable unitf s cannot replace all

dwelling units on site due to physical changes in dwelling unit type, such as replacing

efficiency dwelling units with household dwelling units; or

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ii. The proposed construction of the new restricted afordable unitf s cannot replace

all dwelling units on site and meet the City’s required Accessible Housing Program

standards.

iii. Off-site replacement units approved by LAHD pursuant to this Subparagraph shall be

subject to the following requirements:

a) Subject to LAHD approval, the off-site replacement dwelling units will be of

equivalent size, see Paragraph 5. (Equivalent Size) of Subsection D. (Measurement)

below, or larger and have equivalent amenities as the on-site replacement dwelling units, and will be covenanted at the same affordability levels and for at least the

same length of time as the on-site replacement dwelling units; and

b) Subject to LAHD approval, the off-site replacement dwelling units will be

constructed within a three-mile radius of the on-site replacement dwelling units.

3. Existing Occupant Protections

a. Right to Remain

An existing occupant shall be allowed to occupy their unit until six months before the start

of construction activities with proper notice, subject to California Government Code Sec.

7260-7277 . The project applicant shall provide an existing occupant with written notice

of the planned demolition, the date the occupant must vacate, and the occupant’s rights

under this Section (Housing Projects That Result In The Demolition Of Dwelling Units) . The

project applicant shall provide this notice at least six months prior to the date the existing

occupant must vacate, or more than six months if required under applicable state or local

law.

b. Right to Return if Demolition Does Not Proceed

An existing occupant that is required to leave their unit shall be allowed to return to the

same rental unit, or a comparable unit, see Paragraph 4. (Comparable Unit) of Subsection

D. (Measurement) below, at their prior rental rate if the demolition does not move forward

and the property is returned to the rental market. This right to return is in addition to any

applicable requirement in Chapter XV. (Rent Stabilization Ordinance), Sec. 151.27 (Ellis Act

Provisions - Re-Rental Rights of Displaced Tenants) of this Code.

c. Right to Relocation

For occupants who are not lower income households, relocation benefits shall follow the

amounts and processes, as applicable, in Chapter XVI. (Housing Regulations), Sec. 165.06

A (Relocation Assistance) of this Code, Chapter XV. (Rent Stabilization Ordinance), Sec.

151.09 G (Evictions) of this Code, California Government Code Sec. 65863.7 or, for publicly

funded projects the greater amount under either local law or under California Government

Code Sec. 7260-7277 .

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City of Los Angeles Zoning Code Chapter 1A

Consistent with California Government Code Sec. 66300.6(b)(4)(A), occupants of lower

income households that are displaced from their residence by a project shall be entitled to, and the owner shall pay, relocation benefits that are equivalent to the relocation benefits

required to be paid by public entities pursuant to California Government Code Sec. 7260-

7277 and any implementing regulations.

The owner shall comply with this requirement by following S ub-subparagraph i.

(Comparable Replacement Unit), Sub-subparagraph ii. (Standardized Payment), or Sub-

subparagraph iii. (Individualized Relocation Process Consistent with State Relocation

Law) below, and by complying with all of the requirements in Sub-subparagraphs iv. - vii.,

below:

i. Comparable Replacement Unit

Before or at the time of serving a notice to terminate tenancy, or if no notice is

served, prior to or at the time the occupant is displaced by a project, provide a copy

of a written lease signed by the occupant to LAHD, documenting that the existing

occupant has access to a comparable replacement unit (as the term is used in California Government Code Sec. 7260 ) that is permanently affordable, consistent with

the following requirements:

a) The comparable replacement unit is consistent with all standards in California

Government Code Sec. 7260-7277, and any implementing regulations;

b) The rent is permanently affordable to the occupant based on the income level of

the occupant household;

c) If the occupant is also entitled to relocation benefits under Chapter XV. (Rent

Stabilization Ordinance), Sec. 151.09 (Evictions) or Chapter XVI. (Housing

Regulations), Sec. 165.06 (Relocation Assistance), the owner shall comply with

the respective processes and amounts set forth in Chapter XV. (Rent Stabilization

Ordinance), Sec. 151.09 (Evictions) or Chapter XVI. (Housing Regulations), Sec.

165.06 (Relocation Assistance) ; and

d) Any requirement that an occupant make an advance payment to the owner, such

as first and last month's rent or a security deposit, must be in accordance with all laws. An owner must pay the relocation benefit to the occupant before the

occupant's advance payment to the owner is due.

e) LAHD reserves the right to review the comparable replacement unit and the

lease for compliance with California Government Code, Chapter 16. (Relocation

Assistance), Sec. 7260-7277 and any implementing regulations. LAHD may require

the owner to provide additional proof that the occupant executed the lease at the

comparable replacement unit.

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f) In the event the occupant is unable to move into the comparable replacement unit

or LAHD determines that the unit is not a comparable replacement unit consistent

with California Government Code Sec. 7260-7277 and any implementing regulations, owner shall pay relocation benefits to the occupant under Sub-

subparagraph ii. (Standardized Payment) or Sub-subparagraph iii. (Individualized

Relocation Process Consistent with State Relocation Law), below.

ii. Standardized Payment

Within 15 days after serving a notice to terminate tenancy, or if no notice is served, prior to or at the time the occupant is displaced by a project, pay relocation benefits to

the existing occupant according to the following formula and process requirements:

a) Pay an amount equal to the difference between the Section 8 Department

Voucher Payment Standard and the rent affordable to that occupant’s income level

per California Health and Safety Code Sec. 50053, multiplied by 42 months, plus

estimated incidental moving costs;

b) The amount for the Section 8 Department Voucher Payment Standard, the

determination of the affordable rent, see Paragraph 2. (Affordable Rent) of

Subsection D. (Measurement) below, and the estimated incidental moving costs

shall be determined upon the adoption of this ordinance, and then adjusted

annually according to the Consumer Price Index – All Urban Consumers. For the fiscal year beginning July 1, 2025, and all subsequent fiscal years, the fee amounts

shall be adjusted on an annual basis pursuant to the formula set forth in Chapter

XV. (Rent Stabilization Ordinance), Sec. 151.06 D (Automatic Adjustments) of this Code. The adjusted amount shall be rounded to the nearest $50 increment. LAHD

shall publish the amount annually.

c) The relocation benefits shall be paid in accordance with the process and timing

requirements in Chapter XV. (Rent Stabilization Ordinance), Sec. 151.09 G.1(a) and

(b), G.2, and G.5 of this Code.

iii. Individualized Relocation Process Consistent with State Relocation Law

Before or when the owner serves a notice to terminate tenancy, or if no notice is

served, then before or when the occupant is displaced by a project, the owner shall

be subject to an individualized relocation process to determine and pay a relocation

amount equal to the amount paid by public entities pursuant to California Government

Code Sec. 7260-7277 . The owner shall:

a) At the time the Replacement Unit Determination is filed or at the termination of

tenancy, whichever comes first, submit all relocation documents required by LAHD for publicly-financed projects, including, but not limited to: a relocation plan; a resume and qualifications of the relocation consultant; a completed relocation

tenant rent roll; and a completed project summary assessment;

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b) Before filing with LAHD a Notice of Intent to Withdraw or Declaration of Intent

to Evict for the purpose of demolition, obtain LAHD’s approval of all required relocation documents. If no LAHD approval is obtained, then the owner may file the Notice or Declaration, but, for relocation benefit purposes must comply with

either Sub-subparagraph i. (Comparable Replacement Unit) or Sub-subparagraph

ii. (Standardized Payment), above, instead of this Sub-subparagraph (Individualized

Relocation Process Consistent with State Relocation Law) ;

c) Obtain LAHD’s approval of the calculated relocation payment once a tenant has

identified replacement housing; and

d) Provide to LAHD evidence showing the tenant was relocated to the identified

replacement housing and the owner has paid the tenant the full relocation

payment.

iv. For determining whether a tenant is displaced by a project, the following actions shall

constitute evidence of development:

a) The owner applies for an entitlement or building permit for a project requiring the

demolition of an existing rental unit and the tenancy is or will be terminated as a

result;

b) The owner applies for a Replacement Unit Determination and the tenancy is or will

be terminated as a result; or

c) The owner serves a notice or otherwise seeks to terminate a tenancy or recover

possession of a rental unit based upon one of the grounds under Chapter IV.

(Public Welfare), Sec. 47.08 (Tenant Relocation Assistance Where Mobilehome Parks Are Changed to a Different Use) or Sec. 47.09 (Mobilehome Park Closure

Impact Report), Chapter XV. (Rent Stabilization Ordinance), Sec. 151.09 A.10

(Evictions), or Chapter XVI. (Housing Regulations), Sec. 165.03 I.1 or Sec. 165.03 I.3

(Just Cause Evictions) of this Code, requiring payment of relocation assistance that

includes evidence of intent to develop the property.

v. Nothing in this Subsection (Standards) relieves an owner from the obligation to provide

relocation assistance pursuant to City administrative agency action or any other

provision of local, state or federal law. If an occupant is entitled to monetary relocation benefits pursuant to City administrative agency action or any provision of local, state or federal law, then those benefits shall operate as a credit against the highest relocation benefits required to be paid to the tenant by the owner under this Section

(Housing Projects That Result In The Demolition Of Dwelling Units) . The occupant is entitled to the highest relocation benefit provided by local, state, or federal law.

vi. No demolition permit shall be issued unless the Los Angeles Housing Department

provides a written clearance to the Department of Building and Safety stating that

the owner has complied with the relocation assistance requirements of this Section

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(Housing Projects That Result In The Demolition Of Dwelling Units) . The owner shall

provide proof of compliance with the relocation assistance requirements of this

Section (Housing Projects That Result In The Demolition Of Dwelling Units) to the

Los Angeles Housing Department on a form provided by the Los Angeles Housing Department. The form shall be accompanied by a fee of $45 per unit. The annual

fee increase adjustment shall be based on the Consumer Price Index – All Urban

Consumers for the Los Angeles-Long Beach-Anaheim metropolitan statistical area, or

if such index ceases to be published, by an equivalent index chosen by the Director

of the Los Angeles Housing Department. The fee shall be averaged for the previous 12-month period ending September 30 of each year. The fee shall reflect the change

in the Consumer Price Index over the previous consecutive twelve-month period expressed as a percentage and rounded off to the nearest whole number.

vii. If after the effective date of this ordinance ( Ord. No. 188,482 ) an owner of residential

real property has exercised its rights under California Government Code, Chapter

12.75 (Residential Rental Property), Sec. 7060-7060.7 to withdraw the property

from residential rent or lease or Chapter XVI. (Housing Regulations), Sec. 165.03

I.1 or Sec. 165.03 I.3 (Just Cause Evictions) of this Code, with no stated intent to

redevelop the property in its Notice of Intent to Withdraw, paid no property relocation

payments consistent with Sub-subparagraph i. (Comparable Replacement Unit),

Sub-subparagraph ii. (Standardized Payment), or Sub-subparagraph iii. (Individualized Relocation Process Consistent with State Relocation Law), above, and then within five

years of submitting this Notice of Intent to Withdraw, the owner seeks to develop the

property as demonstrated by actions described in Sub-subparagraph iv., above, the

following shall apply:

a) As a condition of the clearance of demolition or new construction permits, the

applicant or the applicant’s successor-in-interest shall be required to pay to LAHD a fine equal to three times the relocation benefit amount that would have been

paid under Sub-subparagraphs ii. (Standardized Payment) or Sub-subparagraph iii.

(Individualized Relocation Process Consistent with State Relocation law), above,

where the income of the former occupants is known. Where income of the former occupants is not known, the applicant shall be required to pay $250,000

per displaced occupant household. The LAHD shall not clear a demolition or

new construction permit until the applicant complies with this Section (Housing

Projects That Result In The Demolition Of Dwelling Units) . The withholding of

permits shall not apply to demolition permits or approvals that are necessary to

comply with a Department of Building and Safety, LAHD, or other government

order.

Notice Process.

When an owner seeks a demolition or new construction permit clearance from

LAHD at a property where the owner may have misrepresented its intention

to develop the property in its Notice of Intent to Withdraw, and it has not

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paid relocation benefits to tenants consistent with having displaced them for

development, LAHD will provide written notice to the owner that the LAHD’s clearance of the permits is conditioned on payment of the fine. The notice shall

include the address of the property at issue, a copy of the owner’s Notice of Intent to Withdraw, the amount of the potential fine, and the process to appeal the imposition of the fine.

Appeal Process.

The notice shall include a right to file an appeal within 30 calendar days of the notice of the condition to pay the fine which shall include the right to an

administrative hearing.

The appellant shall pay an administrative fee for the costs of the appeal in an

amount equal to the amount for appeals under Chapter XVI. (Housing Regulations),

Sec. 165.06 C (Relocation Assistance) of this Code.

After the hearing officer issues a decision in the administrative hearing, the owner

may seek judicial review of the determination pursuant to California Code of Civil

Procedure Sec. 1094.5.

b) Any lower income household displaced as a result of a tenancy termination, for

the purpose of property development, under Chapter XVI. (Housing Regulations),

Sec. 165.03 I.1 or Sec. 165.03 I.3 (Just Cause Evictions), Chapter XV. (Rent

Stabilization Ordinance), Sec. 151.09 A.10 (Evictions), Chapter IV. (Public Welfare),

Sec. 47.08 (Tenant Relocation Assistance Where Mobilehome Parks Are Changed to a Different Use) or Sec. 47.09 (Mobilehome Park Closure Impact Report) of this Code, shall be entitled to relocation benefits under Sub-subparagraph ii.

(Standardized Payment) or Sub-subparagraph iii. (Individualized Relocation Process

Consistent with State Relocation Law), above. The payment shall be in accordance

with Chapter XV. (Rent Stabilization Ordinance), Sec. 151.09.G.1-2 (Evictions) of this

Code.

c) For an occupant who was in possession of a unit at the time the owner filed the

Notice of Intent to Withdraw who seeks to pursue a Private Right of Enforcement

under Paragraph 2. (Civil Penalties) of Subsection E. (Procedures) below for causes

of action arising out of Sub-subparagraph vii. above, the cause of action shall accrue when the owner files for an entitlement, building permit, or Replacement

Unit Determination to construct a project.

d. Right to Return

The owner shall provide the following to the existing occupants of any protected units that

are lower income households and agree to this requirement on a form provided by the Los

Angeles Housing Department:

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i. A right of first refusal for a deed-restricted comparable unit, see Paragraph 4.

(Comparable Unit) of Subsection D. (Measurement) below, available in the new housing development. The offered comparable unit in the new housing development shall be affordable to the household at the household’s prior rental rate, at an affordable rent, see Paragraph 2. (Affordable Rent) of Subsection D. (Measurement) below, or at an affordable housing cost, see Paragraph 1. (Affordable Housing Cost)

of Subsection D. (Measurement) below, whichever is lower. In a case where the prior

rental rate is used to establish the initial rent, any subsequent rent increase for such

tenant shall not exceed the allowable rent increase for a rent stabilized unit under

Chapter XV. (Rent Stabilization Ordinance) of this Code, and this limitation shall be included in the covenant recorded for the affordable replacement unit. This right of first refusal requirement shall not apply to any of the following:

a) A project that consists of a single dwelling unit located on a site where a single

protected unit is being demolished;

b) Units in a housing development in which 100 percent of the dwelling units,

exclusive of a manager unit or units, are reserved for lower income households,

except when protected units are occupied by households who qualify for

residence in the new development and for whom providing comparable units

would not be precluded due to unit size limitations or other requirements of any

funding source of the housing development, as determined by the Los Angeles

Housing Department; or

c) A project that meets all the criteria in Sec. 4C.15.2.E. (Exceptions) .

e. Additional Tenant Notification Obligations

i. A project applicant shall notify existing tenants in writing of all their legal rights under

this Paragraph (Existing Occupant Protections) . Information regarding a tenant's

eligibility for these rights, rent guidelines for the new unit, and any procedures a tenant

will need to follow to exercise these rights shall be provided in writing to the tenant

in accordance with any and all requirements and procedures of LAHD's Replacement

Unit Determination (RUD). The applicant shall provide and maintain accurate contact

information to tenants for purposes of communicating throughout the construction

and lease up of the project.

ii. A project applicant or their predecessor-in-interest shall provide written notice to any

tenant who is exercising their right to return of major milestones in the development

process, including but not limited to: (1) the start of construction, (2) on at least a bi annual basis provide updates on the anticipated date of when occupancy would be

opened, (3) at least 180, 90, 30, and 15 days in advance of the anticipated availability of the unit pursuant to the issuance of the temporary or final Certificate of Occupancy, (4) when the temporary Certificate of Occupancy is issued, and (5) when the final

Certificate of Occupancy is issued. Failure to inform tenants of the project's major

milestones may result in commensurate additional time provided to the tenant to

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return to the replacement unit. This shall not preclude tenants from contacting the

applicant or their predecessor-in-interest to inquire about progress throughout

construction and lease up of the project.

iii. Where a tenant household has a right of return pursuant to Subparagraph d. (Right to

Return), above, the project applicant or their predecessor-in-interest shall notify the

tenant household of this right. The notice must comply with the applicable standards

set forth by LAHD and include the rent guidelines for the project and any procedures

the tenant must follow to claim a new unit. Where LAHD has created a standard

notice, the project applicant must provide that standard notice to tenant households.

iv. Within 30 days of receipt of the notice that the temporary or final Certifcate of i

Occupancy has been issued and the replacement unit is available, a tenant household

must notify the owner if it wishes to reoccupy the replacement unit or room. The

owner must hold the unit or room vacant at no cost to the tenant for 60 days from the

date the tenant household's written notice of its intent to reoccupy the rental unit is

received.

v. Where a tenant household has a right to remain pursuant to Subparagraph a. (Right

to Remain) above, the project applicant or their predecessor-in-interest shall provide

written notice to existing occupants of the planned demolition, the date they must

vacate, and their rights under this Section (Housing Projects That Result In The

Demolition Of Dwelling Units) .

vi. A project applicant who experiences unforeseen delays in issuance of a temporary

Certificate of Occupancy or final Certificate of Occupancy impacting the timeline

of their construction milestone updates shall not be subject to the Private Right of

Action described in Paragraph 2. (Private Right of Action; Civil Penalties) of Subsection

E. (Procedures), below, so long as they can demonstrate compliance with the tenant notification obligations in this Subparagraph (Additional Tenant Notification

Obligations) .

4. Withholding or Revoking of Demolition Permit Approval for Illegal Tenant

Harassment or Eviction

a. Thresholds to Place Individual or Entity on LAHD’s Anti-Harassment Violators

Database

LAHD shall place a beneficial owner onto the LAHD Anti-Harassment Violators Database

when:

i. A final judgment has been issued against the beneficial owner within the last five years,

which does not precede the operative date of this Paragraph (Withholding or Revoking

of Demolition Permit Approval for Illegal Tenant Harassment or Eviction), for unlawful

tenant harassment under the City's Tenant Anti-Harassment Ordinance, known as

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''TAHO," as set forth under Chapter IV. (Public Welfare) of this Code, or similar actions

within City limits under California Civil Code Sec. 1940.2, Sec. 1942.4, or Sec. 1942.5 ;

or

ii. The City has either (A) issued three final citations for TAHO violations at properties in

the City against the beneficial owner within the last 10 years, which do not precede

the operative date of this Paragraph (Withholding or Revoking of Demolition Permit

Approval for Illegal Tenant Harassment or Eviction), for which all appellate remedies

have expired or (B) in zones where there is a heightened risk of displacement of

lower income tenants as determined by the City’s Displacement Assessment Risk Tool, the City has issued one final citation for TAHO violations at a property against the beneficial owner within the last five years for which all appellate remedies have

expired; or

iii. A final judgment has been issued against the beneficial owner within the last five

years, which does not precede the operative date of this Paragraph (Withholding or

Revoking of Demolition Permit Approval for Illegal Tenant Harassment or Eviction),

for wrongfully or illegally evicting a tenant within City limits or causing a tenant to

involuntarily quit within City limits in violation of local or state law.

iv. For purposes of this Paragraph (Withholding or Revoking of Demolition Permit

Approval for Illegal Tenant Harassment or Eviction), a "beneficial owner" shall be defined as established in Paragraph 3. (Beneficial Owner) of Subsection D.

(Measurement) below.

b. Notice of Determination and Right to Staff Review

After LAHD places an individual or entity into the LAHD Anti-Harassment Violators Database, LAHD shall send a Notice of Determination to the known beneficial owner(s) of the property, if different from the project applicant or permittee, as shown on the last

equalized assessment roll, and to any person holding a deed of trust, mortgage, or other

security interest in the property as revealed by a title search with respect to the property.

The Notice of Determination shall state that the LAHD General Manager, or designee,

has determined based on criteria in Subparagraph a. (Thresholds to Place Individual or Entity on LAHD’s Anti-Harassment Violators Database), above, that the beneficial

owner should be placed in the LAHD Anti-Harassment Violators Database the basis for

that determination, and the potential consequences under this ordinance. This Section

(Housing Projects That Result In The Demolition Of Dwelling Units) does not create any

new appeal rights under the Administrative Citation Enforcement (ACE) Program, Chapter

I. (General Provisions and Zoning), Article 1.2. (Administrative Citations) of this Code. Within 14 days of the date of this notice, the beneficial owner(s), subject to being placed in the database, shall have a right to request an LAHD staff level review of this determination. At the review, the beneficial owner may submit any evidence relevant to this determination.

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c. Review of Determination

City of Los Angeles Zoning Code Chapter 1A

The LAHD staff review shall be set on a date no earlier than 20 days after the date of the

Notice of Determination, and the review shall be conducted no later than 60 days after the date of the Notice of Determination. At the review, the beneficial owner may submit

any evidence relevant to this determination regarding the correct identity of the violator and the correct number of violations. The review shall be limited to whether the beneficial

owner meets one of the stated criteria set forth in Subparagraph a. (Thresholds to Place

individual or entity on LAHD’s Anti-Harassment Violators Database), above.

Within 30 days of the review, LAHD shall provide a written LAHD Notice of Outcome notifying the beneficial owner of the outcome of the review. If the determination is upheld in review, the beneficial owner may seek judicial review by writ of mandamus.

d. Consequences of Placement in LAHD’s Anti-Harassment Violators Database

i. When there has been a final determination to place a beneficial owner on the LAHD

Anti-Harassment Violators Database, LAHD shall notify in writing the Superintendent of

Building and Safety and the Director of Planning.

ii. If any owner, applicant, or permittee, seeking a demolition permit or approval that

is subject to this Section (Housing Projects that Result in the Demolition of Dwelling

Units) or Sec. 4C.15.2. (Non-Housing Projects that Result in the Demolition of Dwelling

Units) for a project involving new construction or major renovations is on the LAHD

Anti-Harassment Violators Database, the Superintendent of Building and Safety shall withhold or revoke the issuance of any demolition permits for five years and the

Director of Planning and/or Superintendent of Building and Safety shall withhold the issuance of any approval for five years unless otherwise prohibited by law. Where the

City has denied or revoked a demolition permit or approval to any applicant under

this Subparagraph (Consequences of Placement on LAHD’s Anti-Harassment Violators Database), the denial or revocation for a five-year term for the subject property shall apply to any new owner, unless the new owner is developing a publicly-financed affordable housing project on the same site where more than 50 percent of the units are affordable, except for manager unit(s).

iii. Demolition permits or approvals that are necessary to comply with a Department of

Building and Safety, LAHD, or other government order shall not be withheld or revoked

under this Paragraph (Withholding or Revoking of Demolition Permit Approval for

Illegal Tenant Harassment or Eviction) .

iv. The five-year hold period shall commence on the date of the court's final judgment or

the City's citation is final and no further judicial remedies are available.

v. If at the end of the five-year hold period, no new citations have been issued to and no

new court judgment has been entered against the beneficial owner(s), the beneficial

owner(s) or subsequent owners shall be removed from the LAHD Anti-Harassment

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Violators database. However, if during the five-year period, there is a new citation or court-entered judgment against the same beneficial owner, the five-year ban shall

be extended from the date that the most recent citation or court-entered judgment becomes final and no further appeals are available. No citation used to place a beneficial owner into the database may be used against the beneficial owner more

than once.

vi. Notwithstanding any other law, any action by the Department of Building and Safety

or the Department of City Planning resulting from any of the provisions of this

Section (Housing Projects That Result In The Demolition Of Dwelling Units), including

demolition permit revocation and withholding of an approval shall not be further

appealable.

e. Operative Date and Subsequent Ordinance

This Paragraph (Withholding or Revoking of Demolition Permit Approval for Illegal Tenant

harassment or Eviction) shall become operative after LAHD establishes a determination and review process and publishes a notice of its effective date on the LAHD website and at

least once in a newspaper of general circulation in the City of Los Angeles.

If the City adopts a subsequent ordinance in conflict with the procedures in this Paragraph

(Withholding or Revoking of Demolition Permit Approval for Illegal Tenant Harassment

or Eviction) relating to the withholding or revoking of a demolition permit, this Paragraph

(Withholding or Revoking of Demolition Permit Approval for Illegal Tenant Harassment or Eviction) shall be of no further force and effect.

D. Measurement

1. Affordable Housing Cost

For the purpose of meeting the requirements of this Section (Housing Projects That Result In The Demolition Of Dwelling Units), “affordable housing cost” has the same meaning as defined

in California Health and Safety Code Sec. 50052.5 .

2. Affordable Rent

For the purpose of meeting the requirements of this Section (Housing Projects That Result In The Demolition Of Dwelling Units), “affordable rent” has the same meaning as defined in

California Health and Safety Code Sec. 50053 .

3. Beneficial Owner

For the purpose of meeting the requirements of Paragraph 4 (Withholding or Revoking of Demolition Permit Approval for Illegal Tenant Harassment or Eviction) above, a “beneficial

owner” includes any of the following:

a. A natural person with a recorded ownership interest in the real property where the tenant

harassment takes place.

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b. An ownership entity, including a corporation, limited liability company, limited partnership,

partnership, or trust with a recorded interest in the real property where the tenant

harassment takes place.

c. An entity or natural person that meets any of the following criteria:

i. has an “ownership interest” or “ownership or control of ownership interest” as these terms are defined in the Code of Federal Regulations, Chapter X. (Financial Crimes

Enforcement Network, Department of the Treasury), Sec. 1010.380(d)(2)(i)-(ii), in an

entity described in Subparagraphs a. or b. above; or

ii. exercises "substantial control," as the term is defined in Code of Federal Regulations,

Chapter X. (Financial Crimes Enforcement Network, Department of the Treasury), Sec.

1010.380(d)(1), over an entity described in Subparagraphs a. or b., above; or

iii. receives substantial economic benefits from the assets of an entity described in

Subparagraphs a. or b. above.

d. An owner for purposes of the above excludes the following:

i. A minor child;

ii. A person acting solely as an employee of an ownership entity and whose control over,

or economic benefits from, that ownership entity derives solely from the employment

status of the person;

iii. A person whose only interest in an ownership entity is a future interest through a right

of inheritance; or

iv. A creditor of an ownership entity, unless the creditor meets the requirements specified

in Subparagraph a. above.

4. Comparable Unit

For the purpose of meeting the requirements of this Section (Housing Projects That Result In

The Demolition Of Dwelling Units), a “comparable unit” contains the same or greater number

of existing bedrooms and bathrooms. In cases where one or more single-family homes with

four or more bedrooms are being replaced by a project that consists of two or more units, a

comparable unit may have three bedrooms.

5. Equivalent Size

For the purpose of meeting the requirements of this Section (Housing Projects That Result

In The Demolition Of Dwelling Units), “equivalent size” shall mean that the replacement units

contain at least the same total number of bedrooms as the dwelling units being replaced.

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E. Procedures

1. Records and Agreements

City of Los Angeles Zoning Code Chapter 1A

A covenant acceptable to the LAHD shall be recorded guaranteeing compliance with this

Section (Housing Projects That Result In The Demolition Of Dwelling Units) and providing for

a private right of enforcement by the City, any tenant, or owner of any building to which a

covenant and agreement applies.

2. Private Right of Action; Civil Penalties

a. An aggrieved tenant under this Section (Housing Projects That Result In The Demolition

Of Dwelling Units), or any person, organization, or entity who will daily and adequately

represent the interests of an aggrieved tenant(s) under this Section (Housing Projects That

Result In The Demolition Of Dwelling Units), may institute civil proceedings as provided by

law, against any owner, or their successor-in-interest, for violating any of the provisions

of this Section (Housing Projects That Result In The Demolition Of Dwelling Units) and

any person who aids, facilitates, or incites another to violate the provisions of this article,

including but not limited to submitting false information in response to the requirements

of this Section (Housing Projects That Result In The Demolition Of Dwelling Units) .

b. A prevailing tenant may be awarded compensatory damages. A court may impose civil

penalties up to $10,000 per violation of this Section (Housing Projects That Result In

The Demolition Of Dwelling Units) depending upon the severity of that violation, tenant

relocation, or other appropriate relief, as adjudged by the court. Treble damages may also

be awarded for willful violations. If a tenant prevailing under this article is 65 years or older or disabled, the court may impose additional civil penalties up to $5,000 per violation

depending upon the severity of the violation of this Section (Housing Projects That Result

In The Demolition Of Dwelling Units) . The prevailing tenant shall be awarded reasonable

attorney’s fees and costs.

c. Any owner or their agent violating any of the provisions of this Section (Housing Projects

That Result In The Demolition Of Dwelling Units), may be enjoined therefrom by a court of

competent jurisdiction.

d. The right to bring a civil action under this Section (Housing Projects That Result In The

Demolition Of Dwelling Units) shall extend to current tenants at a property, to former

tenants at a property who were displaced by violations of this Section (Housing Projects

That Result In The Demolition Of Dwelling Units), and to the City.

e. The remedies in this Paragraph (Private Right of Action; Civil Penalties) are not exclusive

nor do they preclude any tenant or the City from seeking any other legal or equitable

remedies, penalties and punitive damages, as provided by law.

f. Any agreement, whether written or oral, waiving any of the provisions contained in this

Section (Housing Projects That Result In The Demolition Of Dwelling Units) shall be void as

contrary to public policy.

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DEMOLITION OF DWELLING UNITS

A. Intent

The intent of this Section (Non-Housing Projects That Result In The Demolition Of Dwelling Units)

is to codify housing replacement requirements, ensure preservation of dwelling units, and ensure

consistent occupant protections, while allowing for non-residential projects that result in the loss

of dwelling units.

B. Applicability

1. Loss of Dwelling Units

a. The requirements of this Section (Non-Housing Projects That Result In The Demolition Of

Dwelling Units) apply to any project that meets the definition of “Project” consistent with

how the term “development project” is used in C alifornia Government Code Sec. 66300.6, and is not a housing development project as defined in California Government Code,

Chapter 3. (Local Planning), Sec. 65589.5, and that either:

i. Submits a preliminary application pursuant to California Government Code, Chapter

4.5. (Review and Approval of Development Projects), Sec. 65941.1, before January 1,

2030 and receive approval before January 1, 2034, and either:

a) Will require or result in the loss or reduction of occupied or vacant dwelling units;

or

b) Is located on a lot where dwelling units were removed in the previous five years; or

ii. Is located on a lot that is mapped on the Inventory of Housing Element Sites Map, as

established in Sec. 1.5.13. (Inventory of Housing Element Sites Map) and

a) Will require or result in the loss or reduction of occupied or vacant protected units;

or

b) Is located on a lot where protected units were removed in the previous five years.

2. Project Activities

The requirements of this Section (Non-Housing Projects That Result In The Demolition Of

Dwelling Units) apply to project activities that may result in the loss or reduction of occupied

or vacant protected units, as described in Paragraph 1. (Loss of Dwelling Units), above,

including:

a. New construction;

b. Major remodel;

c. Exterior modifcationi ;

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d. Use modifcationi ;

e. Temporary use;

f. Demolition; or

g. Renovation.

3. Reconciling Provisions

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a. Relationship to Specific Plans, Supplemental Districts and Special Zones

Supplemental Districts, Special Zones, and Specifc Plani s established in Article 8.

(Supplemental & Special Zoning) may establish additional replacement requirements and/

or additional occupant protections greater than those provided in this Section (Non-

Housing Projects That Result In The Demolition Of Dwelling Units), in which case the

greater replacement requirements and occupant protections shall be used. However, in the event that the provisions of a Historic Preservation Overlay Zone (HPOZ) conflict with

the provisions of this Section (Non-Housing Projects That Result In The Demolition Of

Dwelling Units), the provisions of the HPOZ shall prevail.

b. Relationship to State Law

This Section (Non-Housing Projects That Result In The Demolition Of Dwelling Units) is

intended to comply with the minimum requirements of state law contained in California

Government Code, Chapter 12., (Housing Crisis Act of 2019), Sec. 66300.6 . If at any time

this Section (Non-Housing Projects That Result In The Demolition Of Dwelling Units)

does not meet the minimum requirements of California Government Code, Chapter

12. (Housing Crisis Act of 2019), Sec. 66300.6, the greater replacement requirements

and occupant protections shall be used. The Director may prepare Implementation

Memorandums, Technical Bulletins, and/or User Guides for the requirements set forth

in California Government Code, Chapter 12. (Housing Crisis Act of 2019), Sec. 66300.6,

for the purpose of providing additional information pertaining to this Section (Non-

Housing Projects That Result In The Demolition Of Dwelling Units) and meeting minimum

requirements.

C. Standards

1. Replacement of Existing Units or Demolished Protected Units

The project shall replace all existing protected units and protected units demolished on or

after January 1, 2020 pursuant to the replacement requirements of California Government

Code, Chapter 4.3. (Density Bonuses and Other Incentives), Sec. 65915(c)(3) and Sec.

4C.15.1.C.1. (Replacement of Existing or Demolished Protected Units) of this Chapter, in

addition to the following requirements:

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a. At the time of permit issuance, an applicant must sign an affidavit for the Department

of Building and Safety to ensure the replacement housing will be developed prior to or concurrently to the project. “Developed prior” means a final Certificate of Occupancy or

temporary Certificate of Occupancy for the replacement housing must be obtained prior to issuance of a final Certificate of Occupancy or temporary Certificate of Occupancy for

the non-residential project;

b. The required replacement housing may be located on a site other than the project site but

shall be located within the City, with a preference for sites within close proximity;

c. The applicant may contract with another entity to develop the required replacement

dwelling units, except that the replacement dwelling units shall not fulfill the affordability

requirements of any other development pursuant to another law;

d. A commercial developer seeking a commercial density bonus may propose providing

restricted afordable unitf s through an agreement with a housing developer for partnered

housing. The agreement must be approved by the City pursuant to California Government

Code Sec. 65915.7. ; and

e. Notwithstanding the requirement that an accessory dwelling unit be located on a lot with

an existing or proposed primary residence, the replacement housing may be established

through creation of an accessory dwelling unit with the primary non-residential use on the

parcel being able to be used in place of a primary residence.

2. Existing Occupant Protections

The project meets the occupant protections described in Sec. 4C.15.1.C.3. (Existing Occupant

Protections) .

D. Measurement

None.

E. Exceptions

A Project that meets all of the following criteria is exempt from the replacement requirements

established in Paragraph 1. (Replacement of Existing Units or Demolished Protected Units) of

Subsection C. (Standards), above:

1. The project includes uses defined in Sec. 5D.8. (Light Industrial Uses) or Sec. 5D.9. (Heavy

Industrial Uses) ;

2. The project is located on a lot with an applied Use District (Part 5B.) that does not allow

residential uses and was adopted prior to January 1, 2022; or

3. The protected units that are or were on the lot are or were nonconforming uses.

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F. Procedures

1. Records and Agreements

City of Los Angeles Zoning Code Chapter 1A

A covenant acceptable to the Los Angeles Housing Department shall be recorded

guaranteeing compliance with this Section (Non-Housing Projects That Result In The

Demolition Of Dwelling Units) and providing for a private right of enforcement by the City, any

tenant, or owner of any building to which a covenant and agreement applies.

2. Private Right of Action; Civil Penalties

a. An aggrieved tenant under this Section (Non-Housing Projects That Result In The

Demolition Of Dwelling Units), or any person, organization, or entity who will daily and

adequately represent the interests of an aggrieved tenant(s) under this Section (Non-

Housing Projects That Result In The Demolition Of Dwelling Units), may institute civil

proceedings as provided by law, against any owner, or their successor-in-interest, for

violating any of the provisions of this Section (Non-Housing Projects That Result In The

Demolition Of Dwelling Units) and any person who aids, facilitates, or incites another

to violate the provisions of this article, including but not limited to submitting false

information in response to the requirements of this Section (Non-Housing Projects That

Result In The Demolition Of Dwelling Units) .

b. The prevailing tenant may be awarded compensatory damages. A court may impose civil

penalties up to $10,000 per violation of this Section (Non-Housing Projects That Result In

The Demolition Of Dwelling Units) depending upon the severity of that violation, tenant

relocation, or other appropriate relief, as adjudged by the court. Treble damages may also

be awarded for willful violations. If a tenant prevailing under this article is 65 years or older or disabled, the court may impose additional civil penalties up to $5,000 per violation

depending upon the severity of the violation of this Section (Non-Housing Projects That

Result In The Demolition Of Dwelling Units) . The prevailing tenant shall be awarded

reasonable attorney’s fees and costs.

c. Any owner or their agents violating any of the provisions of this Section (Non-Housing

Projects That Result In The Demolition Of Dwelling Units), may be enjoined therefrom by a

court of competent jurisdiction.

d. The right to bring a civil action under this Section (Non-Housing Projects That Result In

The Demolition Of Dwelling Units) shall extend to current tenants at a property, to former

tenants at a property who were displaced by violations of this Section (Non-Housing

Projects That Result In The Demolition Of Dwelling Units), and to the City.

e. The remedies in this Paragraph (Private Right of Action; Civil Penalties) are not exclusive

nor do they preclude any tenant or the City from seeking any other legal or equitable

remedies, penalties and punitive damages, as provided by law.

f. Any agreement, whether written or oral, waiving any of the provisions contained in this

Section (Non-Housing Projects That Result In The Demolition Of Dwelling Units) shall be

void as contrary to public policy.

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A. Intent

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The intent of this Section (Restricted Affordable Units) is to ensure restricted afordable unitf s are

available and accessible to residents in need and to uphold fair housing policies and regulations

related to unit mix, size, quality, distribution and amenities.

B. Applicability

1. The Restricted Affordable Units requirements established in this Section (Restricted Affordable

Units) shall apply to any restricted afordable unitf s provided within a project.

Supplemental Districts, Special Zones, and Specifc Plani s established in Article 8. (Supplemental

& Special Zoning) may establish longer covenant lengths, additional requirements for unit

design, mix, size, quality, distribution, amenities, and/or additional allocation requirements greater than those provided in this Section (Restricted Affordable Units), in which case the

greater covenant length, additional requirements for unit design, mix, size, quality, distribution,

amenities, and/or allocation requirements shall be used. However, in the event that the provisions of a Historic Preservation Overlay Zone (HPOZ) conflict with the provisions of this Section (Restricted Affordable Units), the provisions of the HPOZ shall prevail.

C. Standards

1. Length of Affordability

a. A project is subject to this Section (Restricted Affordable Units) and must be restricted

by a covenant acceptable to the LAHD recorded with the Los Angeles County Recorder,

guaranteeing that the occupancy restrictions will be observed for at least 99 years from

the issuance of the Certificate of Occupancy except for:

i. A project in which public subsidies are tied to a specified covenant period, as

determined by the LAHD, unless the project applicant voluntarily agrees to a covenant

period of at least 99 years;

ii. For sale units, which must be consistent with the for-sale requirements of California

Government Code, Chapter 4.3. Sec. 65915(c)(2) ;

iii. Dwelling units for lower income students, transitional foster youth, disabled veterans,

and/or homeless persons shall be provided at affordability levels as determined in

Sec. 9.2.1. (State Density Bonus Program) for at least 55 years from the issuance of the

Certificate of Occupancy or a longer period of time if required by the construction or mortgage financing assistance program, mortgage assistance program, or rental

subsidy program; or

iv. If a lesser term is required by state or federal law, Chapter I. (General Provisions and

Zoning) of this Code or as a condition of approval, that term shall be no less than 55

years.

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2. Requirements Regarding Unit Design, Unit Mix, Unit Size, Quality and

Amenities, Access to, and Distribution of Affordable Units in Mixed-Income Developments

The LAHD shall have the authority to establish and administer requirements applicable to

all restricted afordable unitf s in mixed-income developments regarding the unit mix, unit size, quality and amenities, access to and distribution of affordable housing units in mixed income developments in order to ensure compliance with fair housing law and any other

applicable requirements, including but not limited to requirements from funding sources. The

requirements shall be enforced through an approval by LAHD prior to permit issuance. The requirements shall be established in a set of Fair Housing Requirements for Affordable Housing

created by the Los Angeles Housing Department and the Department of City Planning, and

adopted by Resolution at the City Planning Commission. If the City Planning Commission

fails to adopt these regulations by resolution, the requirements may be presented to the City

Council for their consideration and adoption. LAHD shall have the authority to interpret these

requirements to best implement their goals.

a. Amendments to the Fair Housing Requirements for Affordable Housing shall be approved

by the City Planning Commission, pursuant to the procedures in Sec. 13B.1.5. (Guidelines

or Standards Adoption/Amendment) .

b. The Director of Planning and General Manager of LAHD may prepare Implementation

Memoranda, Technical Bulletins and/or User Guides for the purpose of providing additional

information pertaining to this Paragraph (Requirements Regarding Unit Design, Unit Mix, Unit Size, Quality and Amenities, Access to, and Distribution of Affordable Units in Mixed-

Income Developments) and maintaining consistency with California Government Code,

Chapter 12. (Housing Crisis Act of 2019), Sec. 66300., et seq.

3. Allocation of Restricted Affordable Units

Restricted afordable unitf s shall be subject to the following:

a. Affirmative Marketing and Fair Housing Outreach. Sale or lease of the restricted afordable f

units shall follow the affirmative marketing and outreach requirements of the LAHD, as outlined in a deed restriction drafted by LAHD and filed with the Los Angeles County

Recorder;

b. Affordable and Accessible Housing Registry. All restricted affordable units shall be

registered to the extent feasible on the Affordable and Accessible Housing Registry

managed by LAHD, or any existing equivalent listing, when available for rent; and

c. Priority Populations

To the extent practical and consistent with any applicable local, state and federal law, and pursuant to any locally adopted guidelines, the Affirmative Marketing and Fair Housing Outreach provisions in Subparagraph a. and Affordable and Accessible Housing Registry

in Subparagraph b. above, as well as any other City Planning or LAHD administrative

f

f

f

Sec. 4C.15.3. (Restricted Affordable Units) Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

f

f

f

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procedure, should attempt to prioritize those populations with the greatest housing needs

that have been displaced by government-related actions. This may include, but not be

limited to:

i. Any person or household displaced through a withdrawal of units pursuant to

the Ellis Act and Chapter XV. (Rent Stabilization Ordinance), Sec. 151.22 (Ellis Act Provisions - Statement of Purpose and Effect) to Sec. 151.28 (Ellis Provisions - Rental of

Replacement Units) of this Code;

ii. A lower income person or lower income household subject to a rent increase related

to conversion to market-rate housing due to termination of a public funding subsidy

contract, mortgage prepayment, or expiring use restrictions based on land use

entitlement concessions;

iii. A person or household who was displaced due to a code enforcement order, including

those affected by a natural disaster that resulted in their dwelling unit being rendered

uninhabitable.

D. Procedures

1. Records and Agreement

A covenant acceptable to the LAHD shall be recorded guaranteeing compliance with this Section (Restricted Affordable Units) and providing for a private right of enforcement by the

City, and any tenant of any building to which a covenant and agreement applies.

2. Private Right of Action; Civil Penalties

a. The aggrieved current or former tenant(s) may institute civil proceedings as provided by

law, against any owner, or their successor-in-interest, for violating any of the provisions of the covenant as described in this Section (Restricted Affordable Units) and any person

who aids, facilitates, or incites another to violate the provisions of this Section (Restricted Affordable Units), such as submitting false information in response to the requirements of this Section (Restricted Affordable Units) .

b. The prevailing tenant may be awarded compensatory or punitive damages. A court

may impose civil penalties up to $10,000 per violation of provisions of the covenant described in this Section (Restricted Affordable Units) depending upon the severity of that

violation, tenant relocation, or other appropriate relief, as adjudged by the court. Treble

damages may also be awarded for willful violations. If a prevailing tenant 65 years or older or disabled, the court may impose additional civil penalties up to $5,000 per violation

depending upon the severity of the violation of the covenant as described in this Section (Restricted Affordable Units) . The prevailing tenant shall be awarded reasonable attorneys’

fees and costs.

Sec. 4C.15.3. (Restricted Affordable Units) Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

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c. Any owner or their agent violating any of the provisions of the covenant as described

in this Section (Restricted Affordable Units), may be enjoined therefrom by a court of

competent jurisdiction.

d. The remedies provided by this Section (Restricted Affordable Units) are in addition to

any other legal or equitable remedies and are not intended to be exclusive, nor do they

preclude any tenant or the City from seeking other remedies, penalties and punitive

damages, as provided by law.

e. Any agreement, whether written or oral, waiving any of the provisions contained in this

Section (Restricted Affordable Units) shall be void as contrary to public policy.

Sec. 4C.15.3. (Restricted Affordable Units) Last amended by Ord. 188,482 (Resolution), Eff. 06/18/2025

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THROUGHOUT THE HOUSING ELEMENT PERIOD

A. Intent

The no-net-loss requirements established in this Section (Maintenance of Adequate Housing

Element Sites Throughout the Housing Element Period) are intended to ensure that new projects

do not result in the reduction of existing housing capacity.

B. Applicability

The requirements of this Section (Maintenance of Adequate Housing Element Sites Throughout the Housing Element Period) apply to any project located on a lot identified on the Inventory of

Housing Element Sites Map (Sec. 1.5.13.) .

C. Standards

1. For a project located on a lot(s) identified on the Inventory of Housing Element Sites Map

(Sec. 1.5.13.), the Department of City Planning and Department of Building and Safety shall

not, through any administrative, quasi-judicial, legislative or other actions, reduce the density

of an applicable site, or approve any project on an applicable site with fewer dwelling units

in aggregate, by income category, than shown as realistic capacity in the most recent

inventory of land suitable for residential development for the remaining housing element

planning period, pursuant to California Government Code Sec. 65584, unless the applicable

Department either:

a. Makes applicable findings pursuant to California Government Code Sec. 65863(b),

including that, while the proposed project would result in fewer dwelling units by income category than those identified in the most recent inventory of land suitable for residential development prepared for the 2021-2029 Housing Element, the remaining sites identified

in the Housing Element of the General Plan are adequate to meet the requirements of

California Government Code Sec. 65583.2 and to accommodate the City’s share of the

regional housing need pursuant to California Government Code Sec. 65584 . A written finding with substantial evidence shall be included as part of approval of the project on the

number of sites by income category and their adequacy to meet the requirements; or

b. If a finding cannot be made, then within 180 days of any of the actions described in

Paragraph 1. above the Department of City Planning shall, in accordance with the

provisions of this Code, identify and make available additional adequate sites through a

rezoning to accommodate the City's share of the regional housing need by income level.

2. A project may not be denied on the basis that approval of the project would require

compliance with Subparagraph a. of Paragraph 1., above, if the project meets the definition of “housing development project” as defined in paragraph (2) of subdivision (h) of California

Government Code Sec. 65589.5, including projects that involve no discretionary approvals and

projects that include a proposal to construct a single dwelling unit.

Sec. 4C.15.4. (Maintenance of Adequate Housing Element Sites Throughout The Housing Element Period) Last amended by Ord. 188,480 (Resolution), Eff. 06/18/2025

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