Beverly Hills Municipal Code Art. 7 Remedies

A. It shall be unlawful for any landlord wilfully to demand, accept, receive, or retain any payment of rent in excess of the maximum lawful rent permitted for an apartment unit by this chapter after receiving written notice from the City that such payment does or will exceed such allowable maximum.

B. It shall be unlawful for any landlord wilfully to fail to provide any tenant with any relocation benefit to which such tenant is entitled after receiving written notice from the City that such relocation benefit is due and owing to such tenant.

C. A tenant shall not pay otherwise allowable rent increases under section 4-5-303 of this chapter, if the landlord has failed to substantially comply with the registration requirements of section 4-5-801 of this chapter. The nonpayment of rent increases in good faith pursuant to this paragraph shall be a defense to any action brought to recover possession of a rental unit for nonpayment of rent. (1962 Code § 11-7.01; amd. Ord. 17-O-2745, eff. 1-19-2018)

It shall be unlawful for any landlord to reduce housing services with the intent, or for the purpose, of circumventing substantially the requirements and/or provisions or spirit of this chapter. A violation of this section shall be deemed an increase in rent to the extent of the monetary advantage achieved thereby for the landlord or to the extent necessary for the tenant to incur expenses to gain equivalent housing services by other means, whichever is greater. Any such violation shall accordingly be subject to the tenants' remedies prescribed in sections 4-5-704 and/or 4-5-705 of this chapter. (1962 Code § 11-7.02)

A. A landlord shall not issue or cause to be issued a notice of termination of tenancy in order to circumvent the application of this chapter. For the purposes of this section, a notice of termination of tenancy shall include any notice, oral or written, given to a tenant for the purpose of having the tenant vacate an apartment unit. The failure of a landlord to withdraw any such notice of termination of tenancy after the landlord has been given written notice by the City Manager or his designee or by the City Attorney that such notice of termination of tenancy is in violation of the provisions of this chapter shall constitute prima facie evidence of the intent of the landlord to circumvent the application of this chapter and shall be unlawful.

B. It shall be unlawful for a landlord to evict, or to attempt to evict, a tenant or to regain, or attempt to regain, the possession of an apartment unit upon a pretext that the landlord desires occupancy for himself or herself or some relative in order to circumvent the application of this chapter. A tenant in such circumstances may refuse to deliver possession of the apartment unit and may establish the landlord's subterfuge as a defense in any action brought by the landlord to recover the possession of the apartment unit. Additionally, in the event a violation of this section is discovered by the tenant after the possession of an apartment unit has been regained by the landlord, such landlord shall be liable to the dispossessed tenant in a civil action for treble the amount of the rent which would have been payable by the tenant had the tenant not been dispossessed, and for the entire period of the dispossession, not exceeding six (6) months; and in any such action the tenant shall also be entitled to payment by the landlord of the tenant's reasonable attorney fees and costs as determined by the court. (1962 Code § 11-7.03)

A. A tenant may refuse to pay any increase in rent which is in violation of the provisions of this chapter, and such violation shall be a defense in any action brought to recover the possession of an apartment unit or to collect rent.

B. In addition to the remedies set forth in subsection A of this section, in any action brought to recover the possession of an apartment unit, the court may consider as grounds for denial any violation of any provision of this chapter. In addition, a court determination that the action was brought in retaliation for the exercise of any right conferred by this chapter shall also be grounds for denial. (1962 Code § 11-7.04)

Whenever it is necessary for any tenant to file a court action to recover the payment of rent which was in excess of the maximum lawful rent allowed by the provisions of this chapter, or to collect any relocation fee provided for in this chapter, or whenever it is necessary for the tenant to defend against any wrongful action filed in court against the tenant by the landlord to recover the possession of the tenant's apartment unit, the landlord shall be liable to the tenant for damages in the amount of five hundred dollars ($500.00) or not more than three (3) times the amount by which the payment or payments demanded, accepted, received, or retained exceed the lawful amount of rent or relocation fees due to the tenant, whichever is greater. The prevailing party in any such suit shall be entitled to reasonable attorney fees and costs as determined by the court. (1962 Code § 11-7.05)

Any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be subject to the penalties and punishment of title 1, chapter 3 of this Code. (1962 Code § 11-7.06)

No building, demolition, or moving permit shall be issued unless the applicant therefor has complied with all the provisions of this chapter applicable to the apartment unit or units on which the proposed work is to be done. No final map shall be approved unless it is found that the subdivider has complied with all the provisions of this chapter or any prior law of the City relating to rent stabilization applicable to the subdivision at the time the tentative map was approved. (1962 Code § 11-7.07)