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Part 2 — UNDERGROUND UTILITY DISTRICTS›Chapter 117 — RENTAL RATE INCREASES

§ 117.20 REMEDIES.

Baldwin Park Zoning Code · 2026-06 edition · updated 2026-09-09 · Baldwin Park

(A) (1) Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this chapter or any rule, regulation or order hereunder promulgated, including the provisions ensuring compliance with habitability standards and registration fee requirements, shall be liable in a civil action to the tenant from whom such payments are demanded, accepted, received or retained, for reasonable attorney's fees and costs as determined by the court, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent. A civil penalty of treble the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent shall be awarded against the landlord upon a showing that the landlord has acted willfully or with oppression, fraud or malice. No administrative remedy need be exhausted prior to filing suit pursuant to this division.

(2) Any person who willfully or knowingly with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact, in a notice or declaration required in this chapter, or in any declaration, application, hearing or appeal permitted under this chapter, including any oral or written evidence presented in support thereof, shall be guilty of a misdemeanor.

(3) Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or both. Each violation of any provision of this chapter and each day during which such violation is committed, or continues, shall constitute a separate offense.

(B) In lieu of filing a civil action, a tenant may file an administrative complaint. The city shall establish by rule and regulation a hearing procedure similar to that set forth in § 117.05.

(1) The rules and regulations adopted by the city shall provide for final city action on any complaint for excess rent within 180 days following the date of filing of the complaint.

(2) In any administrative hearing under this section, a landlord who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent and may be liable for an additional amount not to exceed $3,000, for costs, expenses incurred in pursuing the hearing remedy, damages and penalties. The tenant shall bear the burden of proving entitlement to the penalty. The tenant may deduct the penalty and award of damages from future rent payments in the manner provided by the city. An order authorizing rent withholding under this chapter shall survive the sale or other transfer of the property and shall be binding upon successors of the landlord against whom the order was made. If a tenant authorized to withhold rent under this chapter vacates the property, the landlord shall pay to such tenant a sum equal to the balance of the rent that the tenant could have withheld.

(C) If the tenant from whom such excessive payment is demanded, accepted, received, or retained in violation of the foregoing provisions of this chapter or any rule of regulation or order hereunder promulgated fails to bring a civil or administrative action as provided for in this chapter within 180 days from the date of the occurrence of the violation, the city may settle the claim arising out of the violation or bring such action. Thereafter, the tenant on whose behalf the city acted is barred from also bringing an action against the landlord in regard to the same violation for which the city has made a settlement or brought action. In the event the city settles said claim, it shall be entitled to retain the costs it incurred in settlement thereof, and the tenant against whom the violation has been committed shall be entitled to the remainder.

(D) The appropriate court in the jurisdiction in which the controlled rental unit affected is located shall have jurisdiction over all actions brought under this section.

(Ord. 1447, passed 10-21-20; Am. Ord. 1501, passed 4-5-23)

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▸Contents — Baldwin Park Zoning Code
Baldwin Park Zoning Code
  1. Chapter 10 — GENERAL PROVISIONS
  2. Chapter 15 — ADMINISTRATIVE ENFORCEMENT OF CODE VIOLATIONS
  3. Chapter 30 — CITY COUNCIL
  4. Chapter 31 — CITY OFFICIALS AND EMPLOYEES
  5. Chapter 32 — COMMISSIONS, AGENCIES AND AUTHORITIES
  6. Chapter 33 — PERSONNEL SYSTEM
  7. Chapter 34 — FINANCE; PURCHASING
  8. Chapter 35 — TAXATION
  9. Chapter 36 — EMERGENCY ORGANIZATIONS
  10. Chapter 37 — PROPERTY
  11. Chapter 39 — DECORUM AT COUNCIL MEETINGS
  12. Chapter 40 — CAMPAIGN CONTRIBUTION LIMITS AND PENALTIES
  13. Chapter 50 — SOLID WASTE MANAGEMENT
  14. Chapter 51 — SEWERS
  15. Chapter 52 — STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION
  16. Chapter 53 — CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT
  17. Chapter 70 — GENERAL PROVISIONS
  18. Chapter 71 — TRAFFIC REGULATIONS
  19. Chapter 72 — STOPPING, STANDING AND PARKING
  20. Chapter 74 — PARKING SCHEDULES
  21. Chapter 90 — ABANDONED VEHICLES
  22. Chapter 91 — ALARM SYSTEMS
  23. Chapter 92 — ANIMAL CONTROL
  24. Chapter 93 — FIRE PREVENTION; FIREWORKS
  25. Chapter 94.5 — SMOKEFREE MULTI-FAMILY HOUSING
  26. Chapter 95.5 — SEIZURE AND FORFEITURE OF VEHICLES
  27. Chapter 96 — PUBLIC PARKS
  28. Chapter 97 — STREETS, SIDEWALKS AND PUBLIC PLACES
  29. Part 1 — GENERAL PROVISIONS
  30. ▸Part 2 — UNDERGROUND UTILITY DISTRICTS
    Overview
    1. § 97.070 DEFINITIONS.
    2. § 97.071 PUBLIC HEARINGS.
    3. § 97.072 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS B…
    4. § 97.073 UNLAWFUL ACTS.
    5. § 97.074 EXCEPTION; EMERGENCY OR UNUSUAL CIRCUMSTANCES.
    6. § 97.075 ADDITIONAL EXCEPTIONS.
    7. § 97.076 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
    8. § 97.077 RESPONSIBILITY OF UTILITY COMPANIES.
    9. § 97.078 RESPONSIBILITY OF PROPERTY OWNERS.
    10. § 97.079 RESPONSIBILITY OF CITY.
    11. § 97.080 EXTENSION OF TIME.
    12. § 97.090 ASSIGNMENT OF HOUSE NUMBERS.
    13. § 97.091 CURB PAINTED HOUSE NUMBERS.
    14. § 97.105 DEFINITIONS.
    15. § 97.106 PERMIT REQUIRED.
    16. § 97.107 CONDITIONS TO PERMIT.
    17. § 97.108 PERMIT APPLICATION.
    18. § 97.109 PERMIT APPROVAL.
    19. § 97.110 FEES AND COST RECOVERY.
    20. § 97.111 INDEMNIFICATION; INSURANCE.
    21. § 97.125 DEFINITIONS.
    22. § 97.126 LIST OF VARIETIES OF TREES.
    23. § 97.127 PLAN FOR PLANTING AND MAINTENANCE OF TREES.
    24. § 97.128 INTERFERENCE WITH PLANTINGS.
    25. § 97.129 MAINTENANCE BY OWNER.
    26. § 97.130 MAINTENANCE BY CITY.
    27. § 97.131 REMOVAL OF TREES.
    28. § 97.132 PROHIBITION AGAINST INJURY TO STREET TREES.
    29. § 97.145 DEFINITIONS.
    30. § 97.146 PERMIT REQUIRED; ELIGIBILITY.
    31. § 97.147 APPLICATION; FEES.
    32. § 97.148 ISSUANCE OF PERMIT; CONDITIONS.
    33. § 97.149 REGULATIONS.
    34. § 97.150 SUSPENSION; REVOCATION.
    35. § 97.151 APPEAL.
    36. § 97.152 REMOVAL OF BANNERS.
    37. § 97.153 EXPIRATION OF PERMIT.
    38. § 97.154 REMOVAL OF HAZARDOUS AND DEFECTIVE STREET BANNERS.
    39. § 97.155 INSURANCE.
    40. § 97.156 RIGHT TO REMOVE.
    41. § 97.165 DEFINITIONS.
    42. § 97.166 PERMIT.
    43. § 97.167 REMOVAL OF BENCHES BY CITY.
    44. § 97.168 NEW PERMIT UPON SALE OR TRANSFER OF TITLE.
    45. § 97.169 ADVERTISING AND SIGNS ON BENCHES.
    46. § 97.170 ENFORCEMENT.
    47. § 97.180 INTENT AND PURPOSE.
    48. § 97.181 DEFINITIONS.
    49. § 97.182 IDENTIFICATION.
    50. § 97.183 MATTER HARMFUL TO MINORS.
    51. § 97.184 REMOVAL AND IMPOUNDMENT OF NEWSRACKS.
    52. § 97.185 HEARING ON IMPOUNDMENT.
    53. § 97.186 DISPOSITION OF IMPOUNDED NEWSRACKS.
    54. § 97.187 FINE FOR DISPLAY OF HARMFUL MATTER TO MINORS.
    55. Chapter 98 — UNATTENDED SHOPPING CARTS
    56. Chapter 99 — PROHIBITION OF CAMPING AND STORAGE OF PERSONAL PR…
    57. Chapter 100 — OFFICIAL POLICE TOW TRUCK SERVICES
    58. Chapter 110 — GENERAL BUSINESS PERMITS
    59. Chapter 111 — BUSINESS LICENSE TAXES
    60. Chapter 112 — BANKRUPTCY, FIRE AND CLOSING OUT SALES
    61. Chapter 113 — BINGO GAMES
    62. Chapter 114 — CABLE TELEVISION SYSTEM
    63. Chapter 115 — DANCES
    64. Chapter 116 — ADVERTISING
    65. ▸Chapter 117 — RENTAL RATE INCREASES
      Overview
      1. § 117.01 DEFINITIONS.
      2. § 117.02 CONFORMING REGULATIONS.
      3. § 117.03 STATE LAW COMPLIANCE.
      4. § 117.04 MAXIMUM ALLOWABLE RENT INCREASES.
      5. § 117.05 PETITIONS AND HEARING.
      6. § 117.06 FAIR AND REASONABLE RENT.
      7. § 117.07 LANDLORD COMPLIANCE.
      8. § 117.08 JUST CAUSE EVICTION.
      9. § 117.09 REMOVAL OF CONTROLLED UNIT FROM RENTAL HOUSING MARKET.
      10. § 117.10 FOR RENT OR LEASE AFTER WITHDRAWAL.
      11. § 117.11 TENANT PROTECTION, RELOCATION AND MOVING EXPENSE ALLO…
      12. § 117.12 PASSTHROUGH OF SURCHARGE FOR IMPROVEMENT OF COMMON AR…
      13. § 117.13 PASSTHROUGH OF SURCHARGE FOR CAPITAL IMPROVEMENTS.
      14. § 117.14 JUST CAUSE EXCEPTION.
      15. § 117.15 REGISTRATION FEE.
      16. § 117.16 PENALTIES FOR LATE REGISTRATION AND FOR FAILURE TO PO…
      17. § 117.17 AFFORDABLE HOUSING UNITS.
      18. § 117.18 NON-WAIVERABILITY.
      19. § 117.19 JUDICIAL REVIEW.
      20. § 117.20 REMEDIES.
      21. § 117.21 CRIMINAL REMEDIES.
      22. § 117.22 INJUNCTIVE AND OTHER CIVIL RELIEF.
      23. § 117.23 PARTIAL INVALIDITY.
      24. § 117.24 EXISTING CITY PRACTICES.
      25. § 117.25 SINGLE-FAMILY HOMES.
      26. § 117.26 STATE-OWNED PROPERTY.
    66. Chapter 118 — MASSAGE ESTABLISHMENTS
    67. Chapter 119 — GARAGE, YARD AND PATIO SALES
    68. Chapter 120 — PRIVATE PATROLS
    69. Chapter 122 — STREET VENDORS
    70. Chapter 123 — TAXICABS
    71. Chapter 124 — ADULT-ORIENTED BUSINESSES
    72. Chapter 125 — TOBACCO RETAIL LICENSING
    73. Chapter 126 — TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILI…
    74. Chapter 127 — MEDICAL AND ADULT USE COMMERCIAL CANNABIS PRODUC…
    75. Chapter 128 — CANNABIS RETAILERS
    76. Chapter 129 — CANNABIS RETAILER TAX
    77. Chapter 130 — GENERAL OFFENSES
    78. Chapter 131 — OFFENSES AGAINST PROPERTY
    79. Chapter 150 — BUILDING CODES
  31. Part 1 — ADMINISTRATIVE PROVISIONS
  32. Part 2 — DEFINITIONS
  33. Part 3 — ORGANIZATION AND ENFORCEMENT
  34. Part 4 — EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT
  35. Part 5 — PERMITS
  36. Part 6 — APPLICATION REQUIREMENTS
  37. Part 7 — PERMIT ISSUANCE
  38. Part 8 — FEES
  39. Part 9 — INSPECTIONS
  40. Part 10 — CERTIFICATE OF OCCUPANCY
  41. Part 11 — ADOPTION AND AMENDMENT OF THE CALIFORNIA BUILDING CO…
  42. Part 12 — ADOPTION AND AMENDMENTS OF THE
  43. Part 13 — ADOPTION OF THE CALIFORNIA MECHANICAL CODE
  44. Part 14 — ADOPTION OF THE CALIFORNIA PLUMBING CODE
  45. Part 15 — ADOPTION OF THE CALIFORNIA ENERGY CODE
  46. Part 16 — ADOPTION OF THE CALIFORNIA WILDLAND-UBRAN INTERFACE …
  47. Part 17 — ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE
  48. Part 18 — ADOPTION OF THE CALIFORNIA EXISTING BUILDING CODE
  49. Part 19 — ADOPTION OF THE CALIFORNIA REFERENCED STANDARDS CODE
  50. Part 20 — ADOPTION OF THE CALIFORNIA FIRE CODE WITH LOS ANGELE…
  51. Part 1 — PERMITTED USES AND DEVELOPMENT STANDARDS
  52. Part 2 — SMALL-LOT SINGLE-FAMILY DEVELOPMENTS
  53. Part 3 — HOUSING INCENTIVES
  54. Part 4 — MOBILE HOME PARKS
  55. Part 5 — URBAN DEVELOPMENT UNITS AND URBAN LOT SPLITS
  56. Part 1 — ADULT-ORIENTED BUSINESSES
  57. Part 2 — ALCOHOL SALES
  58. Part 3 — GAME ARCADES AND INTERNET CAFES
  59. Part 4 — ANIMAL KEEPING
  60. Part 5 — BILLIARD AND POOL HALLS
  61. Part 6 — CHILD DAY CARE FACILITIES AND LARGE-FAMILY DAY CARE H…
  62. Part 7 — DRIVE-THROUGH ESTABLISHMENTS
  63. Part 8 — HOME OCCUPATIONS
  64. Part 9 — HOTELS AND MOTELS
  65. Part 10 — CANNABIS RETAILERS
  66. Part 11 — ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLI…
  67. Part 12 — SERVICE STATIONS
  68. Part 13 — SOLAR PANELS
  69. Part 14 — VEHICLE STORAGE
  70. Part 15 — PUBLIC TELEPHONES
  71. Part 16 — EMERGENCY SHELTERS
  72. Part 17 — MASSAGE ESTABLISHMENTS AND SERVICES
  73. Part 18 — MEDICAL AND ADULT CANNABIS CULTIVATION, MANUFACTURIN…
  74. Part 1 — GENERAL PROVISIONS
  75. Part 2 — DESIGN REVIEW
  76. Part 3 — ZONING CLEARANCE
  77. Part 4 — SIGN PERMIT
  78. Part 5 — TEMPORARY USE PERMIT
  79. Part 6 — ZONING CODE INTERPRETATION
  80. Part 7 — ADMINISTRATIVE ADJUSTMENT
  81. Part 8 — VARIANCE
  82. Part 9 — CONDITIONAL USE PERMIT
  83. Part 10 — HISTORIC DESIGNATION
  84. Part 11 — HISTORIC STRUCTURE WORK PERMIT
  85. Part 12 — HISTORIC STRUCTURE DEMOLITION PERMIT
  86. Part 13 — WIRELESS FACILITY ENCROACHMENT PERMIT
  87. Part 14 — SPECIFIC PLAN
  88. Part 15 — ZONING CODE TEXT AND ZONING MAP AMENDMENTS
  89. Part 16 — GENERAL PLAN TEXT AND MAP AMENDMENTS
  90. Part 17 — DEVELOPMENT AGREEMENT
  91. Part 18 — DOWNTOWN OVERLAY
  92. Part 19 — DEVELOPMENT PLAN (PLANNED DEVELOPMENT OVERLAY)
  93. Part 20 — REASONABLE ACCOMMODATION

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