Beverly Hills Municipal Code Art. 6 Relocation Fees

Any landlord who serves a notice of eviction on a tenant pursuant to section 4-5-509 or 4-5-511 of this chapter shall pay to such tenant a relocation fee in accordance with the provisions of this article. Such fee shall be due and payable to such tenant whether or not such landlord actually utilizes the apartment unit for the purposes stated in the notice of eviction, unless such landlord notifies such tenant in writing of the withdrawal of the notice of eviction prior to such time as the tenant has given the landlord notice of his or her last date of occupancy, or has vacated if such notice of the last date of occupancy is not given by the tenant, and files a copy of such notice with the City Clerk within one week after serving such notice on the tenant. (1962 Code § 11-6.01)

The relocation fee or pro rata share thereof shall be paid to any tenant who vacates the apartment unit at the time he or she vacates it. If the landlord cannot in good faith determine if such tenant is entitled to receive the relocation fee, it shall be deposited in escrow in accordance with section 4-5-604 of this article. (1962 Code § 11-6.02)

The entire fee shall be paid to a tenant who is the only such tenant in an apartment unit. Where an apartment unit is occupied by two (2) or more tenants, payment may be prorated among such tenants, or payment may be made to one tenant, provided all the adult occupants of the apartment unit have signed a stipulation to judgment as described in subsection 4-5-604A of this chapter. In no event shall a landlord be liable to pay a total amount more than the fee required by section 4-5-605 of this chapter for one apartment unit to all the tenants in any one apartment unit. (1962 Code § 11-6.03)

A. Where the apartment unit has not been vacated, the relocation fee shall be deposited in escrow if the tenant has furnished the landlord with the tenant's notarized stipulation to judgment in favor of the landlord for the repossession of the apartment unit by the landlord within sixty (60) days after the payment of the relocation fee to such tenant. The fee shall be released from escrow to the tenant on the day the tenant vacates the apartment unit. Nothing in this subsection shall be deemed to require any tenant to vacate any apartment unit before the expiration of the full notice time to which such tenant is entitled.

B. If the landlord in good faith is unable to determine who are the persons entitled to receive the relocation fee, the landlord shall deposit the relocation fee into escrow. The landlord shall give written notice of such deposit to each person, including the tenant and any occupant other than the tenant, who in the landlord's good faith judgment may be entitled to receive the relocation fee. Upon agreement by all persons so notified, the escrow holder may distribute the relocation fee in the manner agreed upon. If such parties cannot reach agreement within thirty (30) days after the date the notice of deposit is given, the division and distribution of the relocation fee shall be determined by the hearing officer following a hearing on the matter. No distribution from an escrow may occur until the tenant who is to receive the relocation fee has signed a notarized stipulation to judgment pursuant to subsection A of this section if the tenant still occupies the apartment unit.

C. All the costs of an escrow opened pursuant to the provisions of this section shall be borne by the landlord. (1962 Code § 11-6.04; amd. Ord. 04-O-2449, eff. 6-18-2004)

The amount of the relocation fee payable to a tenant entitled to such fee pursuant to the provisions of this chapter shall be determined as follows:

Provided further, those households that include a senior, disabled person, or a minor shall be entitled to an additional relocation fee in the amount of two thousand dollars ($2,000.00).

Any tenant whose occupancy of the apartment unit began after the date when the required notice of termination was given shall not be entitled to any relocation fee.

Commencing July 1, 2018, and on July 1 of each year thereafter, the amounts of the relocation fees set forth above shall be increased annually by a percentage equal to the percentage increase, if any, of the consumer price index for the Los Angeles/Riverside/Orange County area, as published by the United States department of labor, bureau of labor statistics between May 1 of the then current year, and May 1 of the immediately preceding year. (Ord. 17-O-2729, eff. 5-5-2017)

In lieu of the relocation fee required by section 4-5-605 of this chapter, the landlord, at his option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, up to the maximum as set forth in section 4-5-605 of this chapter per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this section only, comparability shall be determined from the following factors: size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, religious institutions, amenities, and, if the tenant desires, the location of the apartment unit in the city.

(1962 Code § 11-6.06; amd. Ord. 24-O-2894, eff. 6-7-2024)

A. If a tenant who has received a thirty (30) day notice to vacate premises does not vacate the apartment unit within such time, and the landlord thereafter files a complaint for writ or judgment restoring possession which meets all the requirements of this chapter, and the court orders such tenant to vacate the apartment unit, such tenant shall be deemed to have waived all rights to any relocation benefit to which he or she is otherwise entitled pursuant to this chapter and shall return to the landlord any relocation fee or other benefit so received, plus interest at the rate allowed by law.

B. After the required notice period has passed, if a tenant has signed a stipulation for judgment and received a relocation fee, whether directly or as the result of the distribution of a deposit, and does not vacate the apartment unit within sixty (60) days after such receipt, such tenant shall be deemed to have waived all rights to any relocation benefits to which he or she is otherwise entitled pursuant to this chapter, and such tenant shall be obligated to return to the landlord any relocation fee or other benefit so received, plus interest at the rate allowed by law. (1962 Code § 11-6.07; amd. Ord. 89-O-2068, eff. 8-8-1989)