Los Angeles County Municipal Code Ch. 8.52 Rent Stabilization and Tenant Protections

This Chapter shall be known as "Rent Stabilization and Tenant Protections."

(Ord. 2021-0040 § 2, 2021; Ord. 2019-0063 § 2, 2019.)

A.

The Board of Supervisors finds that there presently exists a critical shortage of rental housing in the unincorporated areas of the County of Los Angeles (County) and surrounding areas. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents.

B.

Due to the shortage of rental units, rents in the unincorporated County are increasingly excessive. A substantial number of persons in the unincorporated County who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low and moderate income tenants have difficulty finding affordable housing after being displaced due to a rent increase or not being able to afford the security deposit at a new location.

C.

Accordingly, on November 20, 2018, the Board of Supervisors adopted an Interim Rent Stabilization Ordinance to regulate rent increases and evictions in rental properties in the unincorporated County. Even while the Interim Rent Stabilization Ordinance was in place, the average percentage rent increase request from landlords was 28.23%, amounting to an average increase of $313.59 per month per unit.

D.

The purposes of this Chapter are to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their property. This Chapter regulates rents and terminations of tenancy, including requiring relocation assistance and affording a tenant the right to return under certain circumstances. It requires landlords to register rental property, establishes an administrative hearing process, and provides for procedures and guidelines for the implementation of this Chapter.

E.

The Board of Supervisors finds that the protections provided in this Chapter are more restrictive, or provide greater benefits than those set forth in California Civil Code section 1946.2 in areas relating to annual rent increases, evictions, relocation assistance for displaced tenants, protections against harassment, discrimination of tenants and residential applicants, and other tenant protections that are not preempted or otherwise precluded by any other provision of law.

(Ord. 2020-0012 § 1, 2020; Ord. 2019-0063 § 2, 2019.)

The following terms shall have the meaning provided below when used in this Chapter, whether plural or singular.

A.

"Accessible Rental Unit" means a Fully Covered Rental Unit located on the first floor or in a building with an operational elevator that has the same number of or fewer, bedrooms and bathrooms, square footage, and parking spaces as the Physically Disabled Tenant's Fully Covered Rental Unit.

B.

"Base Rent" means the Rent charged on September 11, 2018, when the County Board of Supervisors declared its intent to regulate rent for residential properties in the Unincorporated Areas, or at the initiation of the Tenancy, whichever is later, plus any rent increase allowed thereafter pursuant to the Interim Rent Stabilization Ordinance adopted by the Board of Supervisors on November 20, 2018, and this Chapter unless otherwise provided.

C.

"Board" means the County of Los Angeles Board of Supervisors.

D.

"Buyout Agreement" means a written agreement where a Landlord pays a Tenant money or other consideration to voluntarily move out of a Rental Unit.

E.

"Capital Improvement" means the addition, substantial repair or replacement of any improvements to Rental Units or common areas of the building which materially adds to the value of the building and appreciably prolongs its useful life or adapts it to new uses, and which is the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations and as specified in Section 8.52.070.

F.

"Code" means the Los Angeles County Code.

G.

"Commission" means the Rental Housing Oversight Commission created by the Board pursuant to County Code Chapter 8.64 to hear, determine, and review the administrative decisions made by the Department in its review of applications submitted by Landlords and Tenants related to this Chapter.

H.

"County" means the County of Los Angeles.

I.

"CPI" means the Consumer Price Index for all urban consumers in the Los Angeles area (Los Angeles-Long Beach-Anaheim) or any successor designation of that index that may later be adopted by the U.S. Department of Labor. Calculation of the change in CPI percentage will be determined by the County Department and outlined in its procedures and guidelines.

J.

"Days" means calendar days, which is all days including Saturdays, Sundays, and holidays, unless otherwise specified.

K.

"Department" means the County's Department of Consumer and Business Affairs, which oversees the implementation of this Chapter.

L.

"Ellis Act" means California Government Code sections 7060—7060.7.

M.

"Fully Covered Rental Unit" means: (1) Rental Units in the Unincorporated Areas, which include two or more dwelling units, as defined under California Civil Code section 1940 subsection (c), for which a certificate of occupancy or equivalent permit for residential occupancy is issued on or before February 1, 1995, and (2) mobilehomes in a mobilehome park offered for Rent by the owner of the mobilehome regardless of the date of the certificate of occupancy or equivalent permit. The following are not considered a Fully Covered Rental Unit:

Rental Units that are expressly exempt from rent stabilization pursuant to California Civil Code section 1954.52 or federal law. This includes any Rental Unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995. For this purpose, a certificate of occupancy is the certificate issued before the property is used for any residential purposes.

An accessory dwelling unit for which a certificate of occupancy or equivalent permit for residential occupancy was issued after February 1, 1995, is exempt, unless it was occupied on or before February 1, 1995, and a Tenant provides evidence indicating as such, regardless of the legal or permit status of the Rental Unit.

N.

"Fully Exempt" means those Rental Units that are not subject to this Chapter as set forth in Section 8.52.040.

O.

"Housing Services" means all services provided by the Landlord related to the use or occupancy of a Fully Covered Rental Unit, including, water, heat, utilities, painting, elevator service, refuse removal, janitorial service, maintenance, repairs, replacement, recreational areas (including pools), laundry facilities, furnishings, storage space and/or parking (including one or more automobiles), security services, insurance, and the payment of property taxes. The term "Housing Services" shall not include legal fees or mortgage payments, whether for principal, interest, or both, bonuses of any nature paid to employees, penalties, fees, damages, or interest assessed or awarded for violations of this Chapter or any other law, or any expenses for which the Landlord has been reimbursed by any security deposit, insurance, settlement, judgment for damages, or any other method.

P.

"Landlord" means an owner, lessor, sublessor, or any other person or entity entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.

Q.

"Landlord's Family Member" means a Landlord's parent, child, spouse or registered domestic partner, grandparent, grandchild, aunt or uncle at least sixty-two (62) years of age, or other dependent over which the Landlord has guardianship, the spouse or registered domestic partner's parent, child, grandparent, grandchild, aunt or uncle at least sixty-two (62) years of age, and other dependent over which the Landlord's spouse or domestic partner has guardianship.

R.

"Luxury Unit" means a Fully Covered Rental Unit that meets all of the following criteria:

Has two (2) bedrooms or less;

Is located within a single structure that contains at least twenty-five (25) or more Rental Units; and

As of September 11, 2018, Landlord received at least four thousand dollars ($4,000) per month in Rent.

S.

"Partially Covered Rental Unit(s)" means any Rental Unit in the Unincorporated Areas that meets one or more of the following provisions:

Rental Units that are permitted with a certificate of occupancy after February 1, 1995, unless Fully Exempt. Permitted shall mean permits that are final and unit is fit for residential habitation.

Any Rental Unit that is separately transferable from the title to any other Rental Unit, including, single family residences, condominiums, and stock cooperatives as defined in California Business and Professions Code section 11003.2, but excluding mobilehomes offered for Rent by a mobilehome owner; or is a subdivided interest in a subdivision, as specified in California Business and Professions Code section 11004.5 subdivisions (b), (d), or (f).

T.

"Physically Disabled Tenant" means a Tenant who:

Resides in and occupies a Fully Covered Rental Unit;

Is not subject to eviction for nonpayment of Rent;

Has a permanent physical disability as defined in California Government Code section 12926, subdivision (m); and

Such permanent physical disability is related to mobility.

U.

"Primary Renovation" means work performed either on a Rental Unit or the Rental Building that improves the property by prolonging its useful life or adding value as specified in Section 8.52.070.

V.

"Rent" means the consideration paid for the use or occupancy of a Rental Unit or for Housing Services provided, or both, but does not include any of the following, each of which shall be separately listed and identified in the Rental Agreement:

Security deposits;

User fees for services or facilities which may be utilized at the option of the Tenant and are expressly not included as Rent in the Rental Agreement;

Utility charges for those Rental Units that are billed separately whether or not the Rental Units are individually metered;

Any Rent discounts, incentives, concessions, or credits offered by the Landlord; or

Any pass-through authorized pursuant to this Chapter.

W.

"Rental Agreement" means an agreement, oral, written or implied, between a Landlord and Tenant for use and occupancy of a Rental Unit and for Housing Services.

X.

"Rental Property" means all Rental Units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

Y.

"Rental Unit" means a dwelling unit, as defined under California Civil Code section 1940 subdivision (c), including joint living and work quarters, and applies to any building, structure, or part thereof, or land appurtenant thereto, or any other Rental Property rented or offered for Rent for residential purposes, together with all Housing Services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the Tenant, whether or not the residential use is legally permitted, including live-work spaces, mobilehomes rented by the owner to a Tenant, and any accessory dwelling unit located in the Unincorporated Areas.

Z.

"Service Reduction" means any decrease or diminution in the level of Housing Services provided by the Landlord on or after September 11, 2018, including but not limited to, services the Landlord is required to provide pursuant to:

California Civil Code section 1941 et seq.;

The Landlord's implied warranty of habitability, which cannot be contractually excluded or waived; and

A Rental Agreement between the Landlord and the Tenant.

AA.

"Small Property Landlord" is defined as a Landlord that meets any of the following: (1) is qualified for and receives a Homeowners' Property Tax Exemption for the property on which the subject Rental Unit is located; (2) has an ownership interest or beneficial interest in or controls only one (1) Rental Property with no more than ten (10) Rental Units; or (3) has an ownership interest or beneficial interest in or controls no more than three (3) Rental Properties with a combined total of no more than ten (10) Rental Units, including any Rental Properties outside of Los Angeles County.

A Small Property Landlord does not include a real estate investment trust, as defined in Internal Revenue Code section 856, a corporation, a limited liability company in which at least one (1) member is, or is controlled by, a corporation, or a partnership in which at least one (1) partner is, or is controlled by, a corporation.

BB.

"State" means the State of California.

CC.

"Tenancy" means the legal right or entitlement of a Tenant to use or occupy a Rental Unit, including the use of the Housing Services provided by the Landlord, subject to the terms of the Rental Agreement. This includes a lease or a sublease.

DD.

"Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

EE.

"Unincorporated Areas" means areas in Los Angeles County outside the jurisdictional boundaries of incorporated cities.

(Ord. 2024-0060 § 1, 2024; Ord. 2023-0054 § 1, 2023; Ord. 2022-0060 § 1, 2022; Ord. 2021-0040 § 3, 2021; Ord. 2020-0012 § 2, 2020; Ord. 2019-0063 § 2, 2019.)

A.

This Chapter shall be effective on April 1, 2020, and apply to all Landlords and Tenants in Rental Units within the Unincorporated areas of the County, unless otherwise exempted by federal or State law or the provisions of this Chapter.

B.

Exemptions. The following Rental Units are Fully Exempt from this Chapter:

Institutional Facilities. Housing accommodations in any hospital, convent, monastery, extended medical facility, asylum, non- profit home for the aged, or dormitory owned and operated by an accredited institution of higher education, fraternity, or sorority house, group home, licensed residential treatment or care facility, interim housing facility as defined in California Health and Safety Code section 1250, any housing accommodations owned, operated, or managed by a bona fide educational institution for occupancy by its students, or any other facility licensed by the State to provide medical care for residents.

Government or Owned Housing. Housing accommodations owned, managed or operated by or on behalf of the County or another public agency or authority, or which are specifically exempted under State or federal law or administrative regulation.

Occupancy of Hotels, Motels, or Other Facilities by Transient Guests. Housing units in hotels, motels, inns, tourist homes and boarding houses, and rooming houses, short-term rentals or other facilities, for which the County's Treasurer and Tax Collector has received or is entitled to receive payment of transient occupancy tax pursuant to County Code, Chapter 4.72 (Transient Occupancy Tax) and California Civil Code section 1940, subdivision (b), and for which tax is applicable to the entire term of the occupancy.

Owner-Occupied Shared Housing. A Rental Unit where the Landlord or Landlord's Family Member lives in the residence as their principal residence.

Rental Units - Vacant or for Nonrental Purposes. Rental Units which are vacant, not offered for Rent, or are not being used for rental purposes. This subsection will not apply once the Rental Unit is returned to the residential rental market. This subsection is not applicable to Rental Units which are withdrawn from the residential rental market pursuant to Section 8.52.090.E.

(Ord. 2023-0054 § 2, 2023; Ord. 2022-0060 § 2, 2022; Ord. 2019-0063 § 2, 2019.)

A.

Except as hereinafter provided, a Landlord shall not demand, accept, or retain Rent for a Fully Covered Rental Unit exceeding the Rent in effect for said Fully Covered Rental Unit on September 11, 2018, when the County Board declared its intent to regulate Rent in the County plus any Rent increase allowed thereafter pursuant to the Interim Rent Stabilization Ordinance adopted by the County Board on November 20, 2018, and this Chapter unless otherwise provided.

B.

If a Fully Covered Rental Unit is rented for the first time after September 11, 2018, the Landlord shall not demand, accept, or retain Rent for said Fully Covered Rental Unit exceeding the Rent first charged for the Fully Covered Rental Unit, plus any allowable increases as specified by Section 8.52.050.

(Ord. 2022-0060 § 3, 2022; Ord. 2021-0040 § 4, 2021.)

A.

A Landlord may impose an annual Rent increase for any Fully Covered Rental Unit, as allowed in this Section, only after providing at least thirty (30) Days written notice to the Tenant of the Rent increase pursuant to California Civil Code section 827.

B.

A Landlord may impose an annual Rent increase only upon registering the Fully Covered Rental Unit in the County's Rent Registry System, paying required annual registration fees pursuant to Section 8.52.080, and being in compliance with federal, State, and local laws and requirements.

C.

Effective January 1, 2023 through December 31, 2023, the maximum allowable annual Rent increase for Fully Covered Rental Units shall not exceed three percent (3%) and effective January 1, 2024 through December 31, 2024, the maximum allowable annual Rent increase for Fully Covered Rental Units shall not exceed four percent (4%), unless otherwise approved by the Department pursuant to this Chapter.

D.

Effective January 1, 2025, annual Rent increases for Fully Covered Rental Units are limited to sixty percent (60%) of the percentage change in the average CPI over the previous 12-month period ending in September, not to exceed a maximum Rent increase of three percent (3%), unless otherwise approved by the Department.

A Small Property Landlord may increase Rent for a Fully Covered Rental Unit by an additional one percent (1%) annually above the maximum Rent increase of three percent (3%), which shall in total not exceed four percent (4%), unless otherwise approved by the Department.

a.

A Small Property Landlord must provide to the Department a self-certification under penalty of perjury that it meets the requirements set forth in Section 8.52.030.AA.

b.

A Small Property Landlord must include a statement in their Rent increase notice to the Tenant advising them that the Landlord meets the requirements of a Small Property Landlord, and is, therefore, allowed an additional one percent (1%) annually above the maximum Rent increase of three percent (3%), which in total shall not exceed four percent (4%), unless otherwise approved by Department.

E.

A Landlord may increase Rent on a Luxury Unit annually by an additional two percent (2%) above the allowable annual Rent increase specified in this Section for a Fully Covered Rental Unit. Effective January 1, 2023 through December 31, 2023, the maximum allowable annual Rent increase for Luxury Units shall not exceed five percent (5%), unless otherwise approved by the Department pursuant to this Chapter. Effective January 1, 2025, a Landlord may increase Rent for a Luxury Unit by an additional two percent (2%) annually above the maximum allowable Rent increase of three percent (3%), which in total shall not exceed five percent (5%), unless otherwise approved by the Department.

A Landlord must include a statement in their Rent increase notice to the Tenant advising them that the Fully Covered Rental Unit meets the requirements of a Luxury Unit, and is, therefore, allowed an additional two percent (2%) annually above the maximum Rent increase of three percent (3%), which in total shall not exceed five percent (5%), unless otherwise approved by the Department.

F.

Only one Rent increase for a Fully Covered Rental Unit may be imposed on a Tenant household in any twelve (12) month period, unless otherwise approved by the Department pursuant to this Chapter.

G.

Notice and Calculation of Allowable Annual Rent Increase for a Fully Covered Rental Unit.

Calculation of Annual Rent Increase. The allowable annual Rent increase shall be calculated annually by the Department.

Notice of Annual Rent Increase. The amount of the annual Rent increase shall be provided in accordance with the Department's procedures and guidelines.

H.

Rent Excess Paid for a Fully Covered Rental Unit.

In the event a Tenant paid Rent in excess of that permitted by the Department, the Landlord shall reimburse the Tenant for the Rent overpayment.

The Landlord may elect to either:

a.

Reimburse the Tenant for the Rent overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or

b.

Reimburse the Tenant for the Rent overpayment over a six (6) month period in the form of a monthly credit towards Rent otherwise due from the Tenant, to which the first credit must be applied at the time the next monthly obligation is due.

Reimbursement For Rent Overpayment Exceeds Rent Due. Where the reimbursement due to the Tenant exceeds the Rent due for the remainder of the Tenancy, the reimbursement exceeding the Rent due shall be immediately paid to the Tenant as a lump sum payment.

I.

Rent Paid Following Vacancy of Fully Covered Rental Unit. When a Tenant voluntarily moves out of a Fully Covered Rental Unit, or following an eviction for an At-Fault Termination, as specified in Section 8.52.090.D, the Landlord may set the initial Rent for the next Tenant, without restriction, at the commencement of the new Tenancy. Rent increases following vacancy shall not incorporate any previously approved pass-through fees or costs.

J.

Rent Banking. A Landlord who does not impose an annual Rent increase or a portion of the permitted annual Rent increase for a Fully Covered Rental Unit in any twelve (12) month period, as provided in this Section, waives that annual Rent increase or the remaining portion of that permitted annual Rent increase for the remainder of the Tenancy.

K.

Tenant's Right of Refusal. A Tenant may refuse to pay a Rent increase for a Fully Covered Rental Unit which is in violation of this Chapter. Such refusal to pay the increased amount shall be a defense in any action brought to recover possession of a Fully Covered Rental Unit or to collect the Rent increase.

L.

Additional Occupants. An addition of occupants in the Fully Covered Rental Unit pursuant to this Section does not authorize a Rent increase or an increased security deposit.

(Ord. 2024-0060 § 2, 2024; Ord. 2024-0035 § 1, 2024; Ord. 2023-0054 § 3, 2023; Ord. 2022-0060 § 4, 2022; Ord. 2021-0040 § 5, 2021; Ord. 2020-0012 § 3, 2020; Ord. 2019-0063 § 2, 2019.)

A.

As used in this Section, security means any payment, fee, deposit, or charge that is imposed at the beginning of the Tenancy for a Fully Covered Rental Unit to be used to reimburse the Landlord for costs associated with processing a new Tenant or that is imposed as an advance payment for Rent.

B.

A Landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of the security deposit charged or received at the initiation of the Tenancy for a Fully Covered Rental Unit.

(Ord. 2022-0060 § 5, 2022; Ord. 2021-0040 § 6, 2021.)

A.

Landlord Application for Rent Increase. A Landlord who believes they are not receiving a fair and reasonable return from the allowable increases for a Fully Covered Rental Unit, as determined in Section 8.52.050, may file an Application for Rent Increase with the Department to request an increase in Rent for a Fully Covered Rental Unit beyond that which is permitted under Section 8.52.050.

Presumption. It shall be a rebuttable presumption that the annual net operating income earned by a Landlord, and Rent increases allowed under Section 8.52.050, provide the Landlord with a fair and reasonable return on the investment. A Landlord shall have the burden to prove the necessity of any additional Rent increase necessary to earn a fair and reasonable return.

Nothing in this Section shall be interpreted to authorize a Rent increase for a Fully Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

Approval of the Landlord's Application for Rent Increase may become effective only after all of the following:

a.

A Landlord has provided written notice to the Tenant of the approved Rent increase for the Fully Covered Rental Unit in accordance with California Civil Code section 827;

b.

A Landlord has registered each Fully Covered Rental Unit, has not lapsed on registration of Fully Covered Rental Units in the previous years, and is current on payment of registration fees, pursuant to Section 8.52.080; and

c.

A Landlord has met any other conditions imposed for the Rent increase as determined by the Department's procedures and guidelines.

Review and Approval of Application for Rent Increase.

a.

The Department shall consider the following factors, in accordance with its procedures and guidelines, as well as any other relevant factors, in reviewing the application and making its determination, and no one (1) factor shall be determinative.

(i)

Changes in the CPI. If the Bureau of Labor Statistics subsequently changes the geographic reporting in which the County is located, the Department shall use the most current applicable reporting area established.

(ii)

The rental history of the affected Fully Covered Rental Unit and the Rental Property since September 11, 2018:

(a)

The Base Rent;

(b)

The pattern of past Rent increases or decreases;

(c)

The Landlord's income and expenses as they relate to the Rental Property.

(iii)

Increases or decreases in property taxes.

(iv)

The length of time since either the last hearing and final determination on an Application for Rent Increase by Landlord or the last Rent increase if no previous Application for Rent Increase has been made by Landlord.

(v)

The addition of Capital Improvements on the Rental Property.

(vi)

The physical condition of the affected Fully Covered Rental Unit and building, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months, as well as the long-term patterns of operating, maintenance, and Capital Improvement expenditures.

(vii)

The need for repairs caused by circumstances other than ordinary wear and tear.

(viii)

Any increase of Housing Services or Service Reductions since the last Rent increase.

(ix)

Any existing Rental Agreement lawfully entered into between the Landlord and the Tenant.

(x)

A decrease in net operating income.

(xi)

A fair and reasonable return on the Rental Property prorated among the Fully Covered Rental Units in the Rental Property.

(xii)

If Landlord received Rent in violation of this Chapter or has otherwise failed to comply with this Chapter.

b.

The Department may approve an Application for Rent Increase and make the following determinations, in compliance with its procedures and guidelines and all provisions of this Chapter:

(i)

The Department determines the Rent increase is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment, and will not cause an undue financial burden on the affected Tenant.

(ii)

The Department determines a lesser Rent increase more appropriately ensures a fair and reasonable return on the Landlord's investment and will not cause an undue financial burden on the affected Tenant.

(iii)

The Department determines a Rent increase beyond that which is permitted under Section 8.52.050 appropriately ensures a fair and reasonable return on the Landlord's investment and will not cause an undue financial burden on the affected Tenant.

c.

An Application for Rent Increase shall not be approved if any Rent increase for that year, plus any amount allowed for a fair and reasonable return on the Landlord's investment, will result in an increase of the Rent from the prior year of an affected Tenant: (1) by more than three percent (3%) for a Fully Covered Rental Unit; (2) by more than four percent (4%) if for a Small Property Landlord; or (3) by more than five percent (5%) for a Luxury Unit; unless otherwise approved by the Department pursuant to this Section..

Notices Upon Filing Application for Rent Increase.

a.

Within five (5) Days after submission of a Landlord's Application for Rent Increase with the Department, the Landlord, at their own expense, shall serve each affected Tenant with a notice of said application via personal service or certified mail return receipt requested. The Landlord, at their own expense, must make the supporting documents reasonably available to each affected Tenant within five (5) Days of such request.

b.

Within ten (10) Days after submission of a Landlord's application with the Department, the Landlord shall file a proof of service with the Department, on a form approved by the Department, signed under penalty of perjury, stating that a copy of the notice of Application for Rent Increase was served upon each affected Tenant.

c.

Fees and costs incurred by a Landlord to prepare, file, or pursue an Application for Rent Increase are not allowable as operating expenses and may not be passed on to Tenant. Such fees and costs include, but are not limited to, attorney fees and other similar professional services costs.

Examination and Inspection. A Landlord, at their expense must retain the Application for Rent Increase, any supporting documents, and the final decision, and make reasonably available for review and copy for six (6) months following the completion of the appeal process set forth in Section 8.52.150.

B.

Tenant Application for Adjustment. A Tenant of a Fully Covered Rental Unit who believes they should receive an adjustment in their monthly obligation because of a Landlord's violation of this Chapter may file an Application for Adjustment with the Department. A Tenant must file such Application for Adjustment within one hundred eighty (180) Days from the date the Tenant knew, or reasonably should have known, of the Landlord's potential violation of this Chapter.

Unlawful Rent and/or Fees, Charges, or Pass-Throughs. If a Tenant believes that the Landlord's demand for Rent, fees, charges, or pass-throughs is in excess of that permitted for a Fully Covered Rental Unit, or in excess of the Rent permitted by the Department, then the Tenant may file an Application for Adjustment with the Department for its determination.

a.

If a Landlord demands, receives, or retains any payment in excess of the maximum allowable Rent, fees, charges, or pass- throughs permitted by this Chapter, then a Tenant may withhold the excess amount.

b.

In any action to recover possession based on nonpayment of Rent, possession shall not be granted where the Tenant has withheld Rent in good faith under this Section.

Failure to Maintain Habitable Premises. A Tenant may file an Application for Adjustment with the Department to request a refund of, or decrease in, Rent proportional to the Landlord's failure to maintain the Fully Covered Rental Unit as a habitable premise in accordance with applicable State rental housing laws, State and local health and safety laws, or the Rental Agreement.

a.

Prior to filing an Application for Adjustment with the Department, a Tenant shall provide written notice to the Landlord identifying one or more habitability issues and a reasonable opportunity for the Landlord to correct the condition. The Department may require the Tenant file a complaint with the proper enforcement agency and provide such proof of complaint filing to the Department.

b.

A Landlord shall not be liable to a Tenant for failure to maintain habitable premises if the Tenant caused the condition that is the subject of the application.

Decrease in Housing Services. A Service Reduction without a corresponding reduction in Rent, may be considered an increase in Rent. Before filing the Application for Adjustment with the Department, a Tenant shall provide the Landlord all of the following:

a.

Written notice identifying the Service Reduction; and

b.

A reasonable opportunity to correct the issue(s).

Review and Determination of Application for Adjustment. The Department shall consider the following factors, in accordance with its procedures and guidelines, as well as any other relevant factors, in making its determination, and no one (1) factor shall be determinative.

a.

Increases or decreases in Rent or Housing Services since September 11, 2018.

b.

The pattern of recent Rent or Housing Service increases or decreases.

c.

Whether the Landlord has received payment in excess of the maximum allowable Rent, fees, charges, or pass-throughs permitted by this Chapter or has otherwise failed to comply with this Chapter.

d.

The date the Service Reduction was first noticed by the Tenant, when and how oral or written notice was provided to the Landlord of the alleged Service Reduction, the Landlord's response to such notice, whether the service was reinstated or restored by the Landlord, and if so, when and how.

e.

Whether the habitability violations stated by the Tenant in the application was improved or corrected, and if so, when and how.

f.

The status of the habitability issues as of the date the application is signed.

C.

Application Submittal to Department for Rent Increase or Adjustment. Upon receipt of an application, the Department shall review and evaluate whether there should be a Rent increase or adjustment in accordance with this Section and its procedures and guidelines.

The application shall be on a form provided by the Department, signed under penalty of perjury, and must be accompanied by an application fee, if any, and must include the following:

a.

The specific Rent increase or adjustment requested;

b.

Copies of any books, records, papers, or other financial information relevant to the review of the application; and

c.

Other documentation required by the Department in accordance with this Section and its procedures and guidelines.

Application Fees. The Department may set a reasonable application fee to be paid by the applicant at the time of the filing based on the administrative expenses incurred in reviewing and processing the application.

The Department shall have the authority to deem an application complete.

D.

Right of Assistance. All parties to an Application for Rent Increase or an Application for Adjustment may seek assistance from attorneys or any other person designated by said parties.

E.

Consolidation. Applications for Rent Increase pertaining to Tenants in the same Rental Property shall be consolidated for determination. Applications for Adjustment for Tenants who live in the same Rental Property may be consolidated at the election of the Department.

F.

Notwithstanding any other provision of this Section, if the Department has made a determination on an application for a Fully Covered Rental Unit pursuant to this Section within the previous six (6) months, then the Department may refuse to grant an application for such Fully Covered Rental Unit.

(Ord. 2024-0060 § 3, 2024; Ord. 2023-0054 § 4, 2023; Ord. 2022-0060 § 6, 2022; Ord. 2021-0040 §§ 7, 8, 2021.)

A.

Pursuant to this Section, a Landlord may file an application with the Department, on a form approved by the Department, to pass-through costs to Tenant in a Fully Covered Rental Unit. Such application may include a request to exceed any prescribed limitations described in Section 8.52.050 if necessary for the Landlord to pass-through costs.

B.

A Landlord may not pass-through costs to a Tenant in a Fully Covered Rental Unit until the Department approves the Landlord's application, the Landlord registers each Fully Covered Rental Unit pursuant to Section 8.52.080 and is in compliance with federal, State, or local laws and requirements. The approved pass-through costs should appear as a separate line item on the Rent statement along with the end date of the amortization period and any remaining pass-through balance. An approved pass-through cost is not considered Rent.

A Landlord must cease collecting the pass-through cost when the Landlord recovers the costs permitted by the Department.

In the event a Tenant paid pass-through costs in excess of that permitted by the Department or beyond the date of expiration of the pass-through, the Landlord shall reimburse the Tenant for the pass-through overpayment.

a.

The Landlord may elect to either:

(i)

Reimburse the Tenant for the pass-through overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or

(ii)

Reimburse the Tenant for the pass-through overpayment over a six (6) month period in the form of a monthly credit towards any monthly obligation(s) due from the Tenant, to which the first credit must be applied at the time the next monthly obligation is due.

b.

Reimbursement for Overpayment Exceeds Monthly Obligation Due. Where the reimbursement due to the Tenant exceeds the total monthly obligation due for the remainder of the Tenancy, the reimbursement exceeding the monthly obligation shall be immediately paid to the Tenant as a lump sum payment.

C.

Pursuant to this Section, a pass-through cost recovery shall not be approved if the amount allowed to be a pass-through cost for that year, plus any Rent increase allowed for that year, will result in an increase of the Rent from the prior year of an affected Tenant: (1) by more than three percent (3%) for a Fully Covered Rental Unit; (2) by more than four percent (4%) for a Fully Covered Rental Unit if for a Small Property Landlord; or (3) by more than five percent (5%) for a Luxury Unit; unless otherwise approved by the Department pursuant to Section 8.52.060.

D.

Notices to Tenants. A Landlord shall provide written notice of an approved pass-through cost to Tenant at least thirty (30) Days prior to collecting any pass-through cost.

E.

Notices upon Filing Application for Pass-Through Cost Recovery.

Within five (5) Days after submission of a Landlord's application with the Department, the Landlord shall serve each affected Tenant with a notice of said application via personal service or certified mail return receipt requested.

a.

Notice must include copies of the Landlord's application, together with the projected monthly cost to be passed through to each Tenant.

b.

Notice must state that all documentation supporting the application can be reviewed at the Landlord's office during regular business hours.

Within ten (10) Days after submission of a Landlord's application, the Landlord shall file with the Department a proof of service, on a form approved by the Department, signed under penalty of perjury, stating that a copy of the notice of application was served upon the affected Tenant.

Proof of mailing or personal delivery of the notice to the Tenants shall be required before the application will be reviewed by the Department.

F.

Safe, Clean Water Act Parcel Tax Pass-Through. A Small Landlord may pass-through the Safe, Clean Water Act parcel tax to Tenants. For purposes of this subsection F only:

"Small Landlord" means an owner that owns, or has common ownership or common control of, fifty (50) or fewer Fully Covered Rental Units in the County.

"Owner" means the owner of record or the holder of an equitable or legal interest in the Rental Property, which shall mean any natural person, or living trust or legal entity created by said natural person, with at least a ten percent (10%) interest in the Rental Property.

"Common ownership" means two or more Fully Covered Rental Units that share an Owner, are owned or controlled by an Owner's spouse or registered domestic partner, or are under the direct or indirect control of one person or legal entity through ownership, management, contract, or otherwise.

"Common control" means two or more Owner's that directly or indirectly: (1) share a managing member or members in the case of a limited liability company; (2) share a managing general partner or partners in the case of a partnership; or (3) are under the management or control of boards of directors or officers that overlap by fifty percent (50%) or more in the case of a corporation.

G.

Capital Improvements Pass-Through. A Landlord may recover up to fifty percent (50%) of a Capital Improvement cost from existing Tenants in Fully Covered Rental Units if the Capital Improvement is in accordance with the Department's procedures and guidelines and with this Chapter.

Capital Improvements must be for the primary benefit, use and enjoyment of Tenants, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the Rental Property.

Capital Improvements do not include the following:

a.

Normal routine maintenance and repair, including, but not limited to routine maintenance or repair of a street or driveway.

b.

Costs of maintenance and repair, as opposed to replacement.

c.

Costs of replacement if the replacement was necessary because of the Landlord's failure to carry out said maintenance responsibilities, as determined by the Department.

d.

Costs to maintain physical improvements in the common facilities in good working order and condition.

e.

Additions or replacements made to bring the Fully Covered Rental Unit into compliance with a provision of State or local law where the Fully Covered Rental Unit has not been in compliance with said provision from the time of its original construction

or addition and such provision was in effect at the time of such construction or addition.

f.

Coin-operated improvements or improvements for which a "use fee" or other charge is imposed on affected Tenants for their use.

Application for Recovery of Pass-Through Capital Improvement Costs.

a.

A Landlord must submit an Application for Recovery of Capital Improvement Costs, on a form approved by the Department, within one hundred twenty (120) Days of completion of the Capital Improvement.

b.

Said application must be in compliance with the Department's procedures and guidelines, contain the following information, and be accompanied by copies of relevant supporting documentation:

(i)

A description of the completed Capital Improvement;

(ii)

A copy of all estimates, contracts, bills, invoices, canceled checks and other documentation reasonably necessary to establish the cost of the Capital Improvement and the cost of financing the Capital Improvement;

(iii)

The proposed amortization period to be used based on the Department's procedures and guidelines, if the period differs from one hundred twenty (120) months;

(iv)

A list of Tenants that will be affected by or benefit from the Capital Improvement;

(v)

The formula used to calculate the pro rata share of each Tenant;

(vi)

The monthly cost to each affected or benefiting Tenant;

(vii)

The commencement and completion dates of the Capital Improvement; and

(viii)

Such other information as the Department may request.

H.

Primary Renovation Pass-Through. A Landlord may recover up to fifty percent (50%) of a Primary Renovation cost from existing Tenants in Fully Covered Rental Units.

A Primary Renovation involves either or both of the following:

a.

Replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit pursuant to State or local laws.

b.

Abatement of hazardous materials, such as lead-based paint or asbestos, in accordance with applicable federal, State, and local laws.

Timeline to Request A Primary Renovation Pass-Through Cost.

a.

Prior to starting any Primary Renovation work, and for review and approval by the Department, a Landlord must provide the Department, on a form approved by the Department, all of the following:

(i)

A summary of any impact the Primary Renovation work will have on the Tenant's Fully Covered Rental Unit; and

(ii)

Steps that the Landlord will take to mitigate the impact, including potentially providing relocation assistance pursuant to Section 8.52.110, required during the Primary Renovation work.

b.

Once the Primary Renovation work is complete, the Landlord must submit an application to the Department, on a form approved by the Department, for approval of a pass-through cost to the Tenants.

A Landlord is permitted to apply for and receive only one Primary Renovation pass-through cost to Tenants every five (5) years.

I.

Examination and Inspection.

Landlord, at their expense, shall make available for examination within ten (10) business days of the written request of any affected Tenant copies of bills for property taxes, any government required service charges, copies of insurance policies and records of insurance payments, and the books and records of the Landlord relating to costs of the Capital Improvements or Primary Renovation to verify any increases or decreases sought by the Landlord under this Section.

Department shall be permitted by a Landlord, during reasonable business hours, to visit the residential property and/or the affected Fully Covered Rental Unit and confirm the Capital Improvement and/or Primary Renovation was completed and that the Capital Improvement and/or Primary Renovation cost amount is justified.

The Landlord is responsible for the Capital Improvement and/or Primary Renovation and confirming that it is in compliance with all federal, State, or local laws.

J.

Standards for Approving Pass-Through Cost.

The Department may approve an application for recovery of a pass-through cost if the Department determines the cost(s) are reasonable based on the prevailing costs of such improvements, considering the following and any other factors set forth in its procedures and guidelines:

a.

The unique features of the Rental Property or Fully Covered Rental Unit affecting the cost;

b.

That the costs incurred were necessary and appropriate to complete the Capital Improvement or Primary Renovation;

c.

Whether the work was necessary to bring the Rental Property into compliance or maintain compliance with County Code requirements affecting health and safety; and

d.

Any supplemental information provided by the Tenant to the Department in support of or in opposition to the Landlord's application.

The proposed amortization of the Capital Improvement or Primary Renovation and all other aspects of the application comply with the provisions of this Chapter and the Department's procedures and guidelines.

Fees and costs incurred by a Landlord to prepare, file, or pursue an application pursuant to this Section may not be passed on to Tenants. Such fees and costs include, but are not limited to, attorney fees and other similar professional services costs.

(Ord. 2024-0060 § 4, 2024; Ord. 2022-0060 § 7, 2022; Ord. 2021-0040 § 9, 2021; Ord. 2020-0012 § 5, 2020; Ord. 2019-0063 § 2, 2019.)

A.

Registration of Rental Unit. On or before September 30th of each year, a Landlord must register each Rental Unit, unless Fully Exempt, that is rented or is available for Rent in the County's Rent Registry System or on a form approved by the Department. A Landlord must contact the Department or update the County's Rent Registry System within thirty (30) Days of any subsequent changes to the Rental Unit or the discovery of any errors in the County's Rent Registry System.

B.

Registration of Housing Services. When registering each Rental Unit, the Department may also require a Landlord to register all Housing Services available to the Tenant.

C.

Registration must include, but is not limited to, the following information:

Rent for each Rental Unit in the Rental Property and, if applicable, the date of the last Rent increase for the Fully Covered Rental Unit.

The name, address, and telephone number of each Landlord for the Rental Property and the nature of such ownership interest.

The number of Rental Units in the Rental Property.

The name and mailing address of each Tenant.

A description of Housing Services provided by the Landlord.

Move-in and vacancy dates for each Tenant.

D.

Registration Fee. A Landlord must pay an annual registration fee for each Rental Unit on the Rental Property. This registration fee shall be determined by the Board and shall be sufficient to pay operating costs for this Chapter, including but not limited to, administrative time and costs, legal fees and costs, and any other expense incurred to implement, administer, and enforce this Chapter. The Department may waive registration fees for special circumstances and as further set forth in its procedures and guidelines.

E.

Registration Fee Pass-Through. A Landlord may recover up to fifty percent (50%) of a registration fee from the Tenant of a Fully Covered Rental Unit. The registration fee pass-through cost shall be calculated in accordance with the Department's policies and procedures. A Landlord may only collect one annual registration fee pass-through cost at a time and must also meet the following requirements to pass-through this registration fee:

Timely and accurately submits the annual registration and pays all applicable registration fees for each Rental Unit and Housing Services on the Rental Property;

The registration fee pass-through cost appears as a separate line item on the monthly obligation(s) statement;

Provides Tenant with thirty (30) Days notice prior to collecting any registration fee pass-through cost; and

A Tenant's payment to the Landlord for the registration fee pass-through cost is paid in twelve (12) equal, monthly installments, unless otherwise agreed to by the Tenant. Penalty or late fees for failure to register shall not be passed through to the Tenant.

F.

Excess Registration Fee Pass-Through Cost Paid.

In the event a Tenant paid registration fee pass-through cost in excess of that permitted by the Department, the Landlord shall reimburse the Tenant for the registration fee pass-through cost overpayment.

The Landlord may elect to either:

a.

Reimburse the Tenant for the registration fee pass-through costs overpayment through one lump sum payment, which must be paid by the time the next monthly obligation is due; or

b.

Reimburse the Tenant for the overpayment over a six (6) month period in the form of a monthly credit towards any monthly obligation(s) due from the Tenant, to which the first credit must be applied at the time the next monthly obligation is due.

Reimbursement for Overpayment Exceeds Monthly Obligation(s) Due. Where the reimbursement due to the Tenant exceed the total monthly obligation(s) due for the remainder of the Tenancy, the reimbursement exceeding the monthly obligation(s) shall be immediately paid to the Tenant as a lump sum payment.

(Ord. 2023-0054 § 5, 2023; Ord. 2022-0060 § 8, 2022; Ord. 2021-0040 § 10, 2021; Ord. 2020-0012 § 6, 2020; Ord. 2019- 0063 § 2, 2019.)

A.

A Landlord may terminate a Tenancy of an occupied Fully or Partially Covered Rental Unit, only if the Landlord can demonstrate either an At-Fault or No-Fault termination.

B.

When terminating a Tenancy either At-Fault or No-Fault, a Landlord must comply with all of the following:

The Landlord must serve a written notice in accordance with California Civil Code sections 1946 through 1946.5 and California Code of Civil Procedure section 1161, to the Tenant that states that, in addition to any information required by federal or State law, the Landlord will terminate the Tenancy, and that indicates at least one At-Fault or No-Fault reason. When the termination of Tenancy is based on any of the grounds set forth in Subsections D.2 through 6 of Section 8.52.090, the termination notice must set forth specific facts to permit a determination of the date, place, witnesses, and circumstances concerning the eviction reason; and

The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Fully or Partially Covered Rental Unit beyond the term of the terminated Tenancy in compliance with California Civil Code sections 1945 through 1946.5; and

The Landlord qualifies the termination as At-Fault or No-Fault, as specified in this Section; and

The Landlord has submitted to the Department, within five (5) Days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant. The Landlord shall maintain proof of service to the Department as evidence that the Landlord has complied with this Section.

C.

A Landlord who is unable to show an At-Fault or No-Fault reason to terminate Tenancy, must instead pursue one of the following options:

Renew the Rental Agreement. At the conclusion of a term of Tenancy under a Rental Agreement, a Landlord may offer to renew the Rental Agreement, under substantially similar material terms including, but not limited to, amenities, services, facilities, and term of the Tenancy.

Permit the Tenancy to Continue. At the conclusion of a term of Tenancy under a Rental Agreement, a Landlord may permit the Tenancy to continue in accordance with California Civil Code section 1945.

Propose New Tenancy Terms. At the conclusion of a term of Tenancy under a Rental Agreement, a Landlord may provide notice of new proposed terms of Tenancy in accordance with California Civil Code section 827. This is not applicable to Fully Covered Rental Units.

D.

At-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Fully or Partially Covered Rental Unit, the termination qualifies as an At-Fault termination.

Failure to Pay Rent Exceeding Monetary Threshold. Tenant failed to pay Rent to which the Landlord is legally entitled pursuant to the Rental Agreement and under the provisions of State or local laws, unless the Tenant has withheld Rent pursuant to applicable law; and said failure has continued after service on the Tenant of a written notice setting forth the amount of Rent then due and requiring it to be paid, within a period, specified in the notice, of not less than three (3) Days. A Tenant may only be evicted for nonpayment of Rent if the Tenant's total rental debt owed exceeds a monetary threshold amount equal to two months of fair market rent for the Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area ("FMR"), set annually by the U.S. Department of Housing and Urban Development ("HUD") for 0-4 bedroom Rental Units, dependent on the type of Rental Unit occupied by the Tenant and further outlined in the Department's procedures and guidelines and this Chapter. The written notice shall be served in accordance with California Civil Code sections 1946 through 1946.5 and California Code of Civil Procedure section 1161, and shall also state the fair market rental value of the Rental Unit and number of bedrooms in the Tenant's Fully or Partially Covered Rental Unit.

Violation of Material Term of Rental Agreement. Tenant has continued to substantially violate any material term of the Rental Agreement as provided in California Code of Civil Procedure section 1161, subdivision (3), after written notice to cease, and did not cure such violation within ten (10) Days after receiving written notice from the Landlord of such violation.

a.

New terms added to an existing Rental Agreement cannot be considered a material Rental Agreement term, unless expressly consented to in writing by the Tenant.

b.

Adding additional occupants in an existing Tenancy is not a breach of a material Rental Agreement term so long as the number of occupants does not exceed the maximum number of occupants as determined by State or local laws and is not in violation of any State or local laws.

c.

Any term regarding a Tenant's willful cause or allowance of substantial damage to the Rental Unit beyond normal wear and tear and Tenant's refusal, after written notice, to pay the reasonable costs of repairing such damages and cease damaging said Rental Unit is considered a material term of the Rental Agreement.

Nuisance or Illegal Purpose. Tenant creates a nuisance or uses the Rental Unit for an illegal purpose as provided in California Code of Civil Procedure section 1161, subsection (4), including:

a.

Any crime or act of violence committed by a Tenant of a Rental Unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed, but not a crime or act of violence that is committed against a person residing in the same Rental Unit as the person committing the crime;

b.

Any threat of violent crime or violence, which includes any statement made by a Tenant, or at the Tenant's request, by the Tenant's agent, to any person who is on the Rental Property where the Rental Unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, but not including a threat that is committed against a person who is residing in the same Rental Unit as the person making the threat;

c.

Tenant has created or is maintaining a dangerous and unsanitary condition and that condition has not been promptly abated or repaired after written notice to the Tenant from the Landlord and the passage of a reasonable cure period; or

d.

The act or acts constituting domestic violence, sexual assault, or stalking against the Tenant or a member of the Tenant's household cannot form the substantial basis of a At-Fault termination of the Tenancy. The Tenant or a member of the Tenant's household may raise such facts as an affirmative defense to a Landlord's termination of the Tenancy.

Failure to Sign Substantially Similar Lease. The Tenant has refused to agree to a new written Rental Agreement upon expiration of a prior Rental Agreement, but only if the new Rental Agreement contains provisions that are substantially

identical to the prior written Rental Agreement, and is consistent with federal, State, and local laws. For purposes of this subsection, the Landlord's written request or demand must be received no later than ninety (90) Days before final day of Tenancy of the prior Rental Agreement.

Failure to Vacate as Required by Approved Relocation Application. The Tenant has failed to vacate the Fully or Partially Covered Rental Unit as required by a relocation application that has been approved by the County, including relocation applications received from a Landlord to comply with a government order.

Households Exceeding Income Limits in Government Regulated Units. A Landlord may discontinue future renewals of a Rental Agreement if the Tenant's household income exceeds the income limits for a Rental Unit with rents that are controlled or regulated by any government unit, agency, or authority pursuant to a regulatory agreement or other recorded encumbrance that limits use and occupancy of the Rental Unit by a Tenant household with specified incomes. The Landlord must provide one year written notice to discontinue future renewals of the Rental Agreement based solely on the certified Tenant household income.

E.

No-Fault Termination of Tenancy.

If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Fully or Partially Covered Rental Unit, the termination qualifies as a No-Fault termination.

a.

Landlord or Landlord's Family Member Occupancy. A Landlord who owns the Fully or Partially Covered Rental Unit, and seeks in good faith to recover possession of said Fully or Partially Covered Rental Unit for the Landlord's or Landlord's Family Member's own use and occupancy as the Landlord's or Landlord's Family Member principal residence. The Landlord shall demonstrate good faith if the Landlord or the Landlord's Family Member moves into the Fully or Partially Covered Rental Unit within sixty (60) Days after Tenant has vacated the Fully or Partially Covered Rental Unit and occupies said Fully or Partially Covered Rental Unit as the Landlord's or Landlord's Family Member's principal residence for at least three (3) years, unless extenuating circumstances exist.

(i)

Displacement. To recover possession of said Fully or Partially Covered Rental Unit for the Landlord's own use and occupancy as the Landlord's or Landlord's Family Member's principal residence, Landlord must first seek to occupy a vacant Rental Unit if there are three (3) or more Rental Units on the Rental Property. If no vacant Rental Unit is available, then Landlord may displace the most current Tenant and Tenant's household members so that the Landlord or the Landlord's Family Member's may move into the Rental Unit subject to the conditions set forth in this Chapter.

(ii)

Sixty-Day Notice Period to Tenant. A Landlord must provide the Tenant sixty (60) Days written notice that the Landlord intends to terminate the Tenancy. The Tenant may not waive the required sixty (60) Days notice.

(iii)

Owner-Occupancy Disclosure.

(a)

Not less than sixty (60) Days prior to the final date of the Tenancy, in addition to any notice required by California Civil Code section1946.1, the Landlord must disclose to the Department the name of the eligible individual who will occupy the Fully or Partially Covered Rental Unit, and the relationship of said individual(s) to the Landlord.

(b)

The Department may contact the Landlord at any time during the three (3) year time frame to confirm that the Landlord or Landlord's Family Member resides in the recovered Fully or Partially Covered Rental Unit, and may obtain written verification of residency.

(iv)

Fifty Percent Ownership Interest. In order to evict for Landlord or Landlord's Family Member occupancy, the Landlord must be a natural person and possess legal title to at least fifty percent (50%) of the Rental Unit or be a beneficiary with an interest of at least fifty percent (50%) in a trust that owns the Rental Unit. If two (2) persons purchase a duplex and each own fifty percent (50%) of the Rental Property, each may evict a Tenant under this Section.

(v)

Rental Unit Limitation. A Landlord with less than one hundred percent (100%) ownership interest in a Rental Property may occupy only one (1) Rental Unit on that property. A Landlord with one hundred percent (100%) ownership interest in a Rental Property may occupy up to two (2) Rental Units on that property.

(vi)

A Landlord may only terminate a Tenancy under this Section if the Landlord or Landlord's Family Member who will reside in the Rental Unit is similarly situated as the Tenant or Tenant's household members who are being displaced:

(a)

If the Tenant or one of Tenant's household members is at least sixty-two (62) years of age or older, then the Landlord or the Landlord's Family Member who will reside in the Rental Unit must also be sixty-two (62) years of age or older;

(b)

If the Tenant or one of Tenant's household members is a person with a disability who has a physical or mental impairment that limits one or more of the person's major life activities within the meaning of the California Fair Housing and Employment Act pursuant to California Government Code section 12926, then the Landlord or the Landlord's Family Member who will reside in the Rental Unit must also be a person with a disability;

(c)

If the Tenant or one of the Tenant's household members has a terminal illness as verified by their medical care provider, then the Landlord or the Landlord's Family Member who will reside in the Rental Unit must also have a terminal illness as verified by their medical care provider; or

(d)

If the Tenant is a low-income household (low-income household means a household whose income does not exceed the qualifying limits for lower income households as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code section 50079.5), then the Landlord or the Landlord's Family Member who will reside in the Rental Unit must also be a low-income household.

(vii)

Tenant's Right of First Return Within Three (3) Years. If a Landlord or Landlord's Family Member ceases occupation of the Rental Unit within three (3) years after the final date of Tenant's Tenancy, the Tenant who resided in the Fully or Partially Covered Rental Unit is entitled to receive notice of the first right to return to rent the same Rental Unit at the Rent previously

charged plus any annual Rent increases allowed under this Chapter. The Landlord must deliver the written notice to the Tenant in a form approved by the Department.

(viii)

Rent to Tenant Not Previously Displaced. If a Landlord or Landlord's Family Member ceases occupation of the Rental Unit within three (3) years of the Landlord or Landlord's Family Member taking possession of the Rental Unit, and the recovered Rental Unit is offered for Rent to a Tenant who was not the previously displaced Tenant, the new Tenant is entitled to Rent the Rental Unit at the Rent previously charged at the time of the prior Tenancy plus any annual Rent increases allowed under this Chapter.

b.

Withdrawal of Fully or Partially Covered Rental Units from Rental Market. A Landlord may seek to withdraw Fully or Partially Covered Rental Units from the residential rental market in compliance with this Section, the Ellis Act, and the following:

(i)

Notice to Withdraw Rental Units and Terminate Tenancy. Not less than one hundred twenty (120) Days from the date the Landlord intends to withdraw all the Fully or Partially Covered Rental Units in a Rental Property from the residential rental market, and after completion of all required proceedings, if any, the Landlord shall provide to the Department a written notice of intent to withdraw the Fully or Partially Covered Rental Units to the Department on a form approved by the Department, and a written notice of termination of Tenancy to all Tenants. Said notices to the Department and Tenants shall be served contemporaneously.

(ii)

Landlord's Notice of Intent to Withdraw Rental Units. Landlord shall file with the Department a notice of intent to withdraw the Fully or Partially Covered Rental Units containing the following information:

(a)

Address and legal description of the subject Rental Property;

(b)

The names, mailing addresses, and business phone numbers of the Landlord(s) of the Rental Property;

(c)

Number of Fully or Partially Covered Rental Units being removed;

(d)

The names of all Tenants residing in the Fully or Partially Covered Rental Units being removed;

(e)

Date upon which the Fully or Partially Covered Rental Units are intended to be withdrawn; and

(f)

The relocation assistance that the Tenant is qualified to receive in order to mitigate any impact on the Tenant from being displaced in accordance with Section 8.52.110 as well as any additional assistance if the Tenant is low-income, has minor children, is an elderly person, terminally ill, or a disabled person.

(iii)

Landlord's Notice of Termination of Tenancy Due to Intent to Withdraw Rental Units. The Landlord shall serve to each Tenant to be displaced with a written notice of termination of Tenancy due to Landlord's intent to withdraw Fully or Partially Covered Rental Units from the residential rental market. Such notice of termination shall be provided to the Department in accordance with Section 8.52.110 and contain the following:

(a)

The name and address of each Tenant that will be displaced;

(b)

A description of the Tenant's rights to relocation assistance and right of first return if the Landlord returns the Rental Units to the residential rental market and any other rights pursuant to this Section;

(c)

Notice to Tenant that within thirty (30) Days of receipt of notice of termination, the Tenant may notify the Landlord in writing that the Tenant would be interested in re-renting the Rental Unit if any of the Rental Units are re-offered for Rent at a future time; if the Tenant provides this notice, the Tenant should notify the Landlord of future address changes; and

(d)

The notice shall be accompanied by relocation assistance and any additional special assistance provided to the Tenant in accordance with Section 8.52.110.

(iv)

One Year Extension for Applicable Tenants. A Tenant who is sixty-two (62) years of age or older or a disabled Tenant within the meaning of the California Fair Housing and Employment Act pursuant to California Government Code section 12926, who has lived in their Fully or Partially Covered Rental Unit for at least one (1) year prior to the filing of the notice of intent with the Department shall have their Tenancy extended to one (1) year after the date of filing of the notice of intent with the Department, provided that the Tenant gives written notice of their request to the Landlord to receive an extension of one (1) year from the Tenant's date of notice of intent.

(v)

Withdrawn Fully or Partially Covered Rental Units Re-Offered for Rent.

(a)

Return Within Two (2) Years. A Tenant may resume their Tenancy in the Fully or Partially Covered Rental Unit if a Landlord returns the Rental Unit to the residential rental market within two (2) years after the effective date of withdrawal.

(1)

The Landlord must provide the Tenant the notice to renew their Tenancy in a form approved by the Department through certified mail return receipt requested. Any Tenant displaced from a Fully or Partially Covered Rental Unit may request the right of first return from the Landlord within thirty (30) Days of receiving notice from the Landlord of the Landlord's intent to return the Fully or Partially Covered Rental Unit to the residential rental market.

(2)

The Tenant of a Fully Covered Rental Unit is entitled to receive notice of the right of first return to Rent the same Fully Covered Rental Unit at the Rent previously charged to the Tenant plus any annual Rent increases allowed under this Chapter.

(3)

A Landlord who re-offers a withdrawn Fully or Partially Covered Rental Unit for Rent within two (2) years of withdrawal shall be liable to any Tenant who was displaced by the withdrawal for actual and punitive damages. Any action by the Tenant pursuant to this subsection shall be brought within three (3) years of the withdrawal of the Fully or Partially Covered Rental Units from the residential rental market. Nothing in this subsection precludes a Tenant from pursuing any alternative remedy available under the law.

(4)

County Counsel may institute a civil proceeding against any Landlord who offers a withdrawn Fully or Partially Covered Rental Unit for Rent within two (2) years of withdrawal of the Fully or Partially Covered Rental Unit for exemplary damages for displacement of Tenants. Any action brought by County Counsel shall be brought within three (3) years of the withdrawal of the Fully or Partially Covered Rental Unit from the residential rental market.

(b)

Return More Than Two (2) Years but less than Five (5) Years. A Tenant may return to the Fully or Partially Covered Rental Unit if a Landlord returns the Rental Unit to the residential rental market for Rent more than two (2) years but less than five (5) years after the effective date of withdrawal.

(1)

The Landlord must provide the Tenant the notice to renew their Tenancy in a form approved by a Department through a certified mail return receipt requested. Any Tenant displaced from a Fully or Partially Covered Rental Unit may request the right of first return from the Landlord within thirty (30) Days of receiving notice from the Landlord of the Landlord's intent to return the Rental Units to the residential rental market.

(2)

A Tenant of a Fully Covered Rental Unit is entitled to receive notice of the right of first return to rent the same Fully Covered Rental Unit at the Rent previously charged plus any annual Rent increases allowed under this Chapter.

(3)

Landlord shall be liable to any Tenant who was displaced from their Fully or Partially Covered Rental Unit for failure to comply with this subsection (b), for punitive damages in an amount which does not exceed the contract rent for six (6) months, the payment of which shall not be construed to extinguish the Landlord's obligation to comply with this subsection (b).

(c)

Return More than Five (5) Years but Less than (10) Ten Years. A Tenant may return to the Rental Unit if a Landlord returns the Rental Unit to the residential rental market more than five (5) years but less than ten (10) years after the effective date of withdrawal.

(1)

The Landlord must provide written notice to the County and previous Tenants of the Landlord's intent to return the Rental Unit to the residential rental market.

(2)

Any Tenant displaced from their Fully or Partially Covered Rental Unit may request the right of first return from the Landlord within thirty (30) Days of receiving notice from the Landlord of the Landlord's intent to return the Rental Unit to the residential rental market.

(3)

Landlord shall be liable to any Tenant who was displaced from their Fully or Partially Covered Rental Unit for failure to comply with this subsection (c), for punitive damages in an amount which does not exceed the contract rent for six (6) months, and

the payment of which shall not be construed to extinguish the Landlord's obligation to comply with this subsection (c).

(d)

Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the withdrawn Rental Unit will again be offered for Rent. Notice shall be on a form approved by the Department.

(vi)

Restrictions if Fully Covered Rental Units Demolished. If Fully Covered Rental Units are demolished and new Rental Units are constructed on the same Rental Property, and offered for Rent within five (5) years of the date the Fully Covered Rental Units were withdrawn from Rent, the newly constructed Rental Units shall be subject to Section 8.52.050 at which they would be offered on the basis of a fair and reasonable return on the newly constructed accommodations, notwithstanding any exemption from the system of controls for newly constructed Rental Units.

(vii)

Recording of Memorandum. The Landlord shall record a memorandum, on a County-approved form, with the County's Registrar-Recorder/County Clerk encumbering the Rental Property where the Rental Unit is located no sooner than forty (40) Days after providing notice to the Department of the Landlord's intent to withdraw the Rental Unit from the residential rental market.

(a)

The memorandum must be executed by the Landlord.

(b)

The memorandum shall set forth the names of the Landlord(s) of the Rental Property, summarize the obligations of the Landlord, and any successor in interest to the Landlord, and include the Tenant's right to receive notice of the first right to return to Rent the Rental Unit returned to the residential rental market.

(c)

The memorandum must encumber the Rental Property for ten (10) years from the date of Landlord's notice of intent to the Department to withdraw the Rental Unit from the residential rental market.

(d)

The Landlord shall deliver to the Department a conformed copy of the recorded memorandum within ninety (90) Days after filing notice of intent to the Department to withdraw the Rental Unit from the residential rental market.

c.

Government Agency or Court Order.

(i)

The Landlord shall comply with any of the following:

(a)

An order issued by a government agency or court relating to habitability that necessitates vacating the Fully or Partially Covered Rental Unit;

(b)

An order issued by a government agency or court to vacate the Fully or Partially Covered Rental Unit.

(ii)

If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or for the need to vacate under this subsection, the Tenant shall not be entitled to relocation assistance.

Fees. The County may establish fees for County-incurred costs when a Landlord recovers possession of Rental Units or withdraws the Rental Units from the residential rental market. The fees shall be paid to the County prior to the Landlord's notice to a Tenant to recover possession or withdraw the Fully or Partially Covered Rental Unit. Failure to pay the fees prior to service of the notice to the Tenants shall invalidate such notice.

All No-Fault terminations of Tenancy are eligible for relocation assistance.

Registry. The County may create a registry of Tenant contact information for use by Tenants and Landlords to facilitate communication regarding the right of first return. Each Landlord shall use relevant information in the registry, in addition to information provided voluntarily by each Tenant, when complying with first right of return obligations and relocation assistance under this Chapter.

(Ord. 2026-0006 § 1, 2026; Ord. 2023-0054 § 6, 2023; Ord. 2022-0060 § 9, 2022; Ord. 2021-0040 § 11, 2021; Ord. 2020- 0012 § 7, 2020; Ord. 2019-0063 § 2, 2019.)

A.

The purpose of this Section is to implement California Civil Code section 1954.53, which allows a Physically Disabled Tenant to request relocation, and relocate, to an available Accessible Rental Unit if certain conditions are met.

B.

A Landlord who receives a written request for a reasonable accommodation from a Physically Disabled Tenant must promptly engage in and complete an interactive process with the Physically Disabled Tenant, set forth under Sections 12177 to 12180, inclusive, of Title 2 of the California Code of Regulations, in order to relocate the Physically Disabled Tenant to an Accessible Rental Unit prior to that Accessible Rental Unit becoming available to others, while also allowing the Physically Disabled Tenant to retain their Tenancy at the same Rent and terms of their existing Fully Covered Rental Unit. Nothing stated in this Section precludes a Landlord from granting the request of a Physically Disabled Tenant to move into an Accessible Rental Unit on the Rental Property in compliance with all other provisions of this Section at any time prior to completing the interactive process set forth above.

C.

Upon completing the interactive process set forth above, a Landlord must permit a Physically Disabled Tenant to move to an available Accessible Rental Unit of the Rental Property when all of the following conditions are met:

The determination resulting from the interactive process is that a move is necessary to accommodate the Physically Disabled Tenant;

The Physically Disabled Tenant's current Fully Covered Rental Unit is located on an upper floor that does not have an operational elevator;

The requested Accessible Rental Unit is in the same building of the Fully Covered Rental Unit or, alternatively, is located on the same Rental Property with at least four (4) other Rental Units and is owned by the same Landlord;

The requested Accessible Rental Unit does not require renovation to comply with applicable requirements of the California Health and Safety Code;

The Department, upon receiving an Application for Rent Increase by the Landlord as set forth in this Chapter, or the Commission, upon Landlord's request for an administrative review, determines that the Landlord will continue to receive a fair rate of return for the Accessible Rental Unit;

The Physically Disabled Tenant provides the Landlord a written request to move into an Accessible Rental Unit of the Rental Property prior to the date that an Accessible Rental Unit becomes available to others; and

All the Tenants on the Rental Agreement who reside with the Physically Disabled Tenant in the Fully Covered Rental Unit agree to move to the Accessible Rental Unit.

D.

This Section shall not apply if the Landlord or Landlord's Family Member intends to occupy the Accessible Rental Unit located on the Rental Property and this intent is documented before a Physically Disabled Tenant makes a written request for reasonable accommodation pursuant to this Section.

E.

Any security deposit paid by the Physically Disabled Tenant in connection with their Fully Covered Rental Unit being vacated shall be handled in accordance with California Civil Code section 1950.5.

(Ord. 2024-0060 § 5, 2024.)

A.

Landlord's Disclosure Prior to Buyout Offer. At the time a proposed Buyout Agreement is provided, the Landlord shall provide each Tenant in the Fully or Partially Covered Rental Unit a written disclosure in the primary language of the Tenant, on a form approved by the Department, translated at the Landlord's expense, that shall include all of the following:

A statement that the Tenant has a right not to enter into buyout negotiations or a Buyout Agreement;

A statement that the Tenant may choose to consult with an attorney before entering into a Buyout Agreement;

A statement that the Tenant may rescind the Buyout Agreement for up to forty-five (45) Days after it is fully executed;

A statement that the Tenant may contact the Department for information about other Buyout Agreement in the Tenant's neighborhood and other relevant information;

Any other information required by the Department consistent with the purpose and provisions of this Section; and

A space for each Tenant to sign and write the date the Landlord provided the Tenant with the disclosure notice.

B.

Requirement for Buyout Agreements. The Buyout Agreement shall:

Be in writing in the primary language of the Tenant, translated at the Landlord's expense. The Landlord shall give each Tenant a copy of the proposed Buyout Agreement at least forty-five (45) Days before it is executed by the parties.

Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the Tenant:

a.

"You, the tenant, may cancel this buyout agreement in writing at any time on or before the forty-fifth (45th) day after all parties have signed this buyout agreement."

b.

"You have a right not to enter into a buyout agreement."

c.

"You may choose to consult with an attorney before signing this buyout agreement. The County of Los Angeles Department of Consumer and Business Affairs may also have information about other buyout agreements in your neighborhood."

The Buyout Agreement offers the Tenant an amount equal to or greater than the relocation assistance payments, in accordance with this Section and the Department's procedures and guidelines, which a Tenant would be entitled to under Section 8.52.110.

C.

Rescission of Buyout Agreement. A Tenant shall have the right to rescind a Buyout Agreement for up to forty-five (45) Days after its execution by all parties. In order to rescind a Buyout Agreement, the Tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the Landlord indicating that the Tenant has rescinded the Buyout Agreement. Landlord shall provide written notice to the Department within ten (10) Days if the Tenant has rescinded the Buyout Agreement.

D.

Filing of Buyout Agreement and Disclosure Notice. The Landlord shall provide the Tenant a copy of the fully executed Buyout Agreement and disclosure notice, within ten (10) Days of execution. Landlord shall also file with the Department, pursuant to

its procedures and guidelines, a copy of the executed Buyout Agreement and disclosure notice, along with a copy of proof of service that the Tenant received the disclosure notice as required in this Section, within ten (10) Days after the Buyout Agreement is executed by all parties.

E.

A Buyout Agreement that does not satisfy all of the requirements of this Section shall be void and unenforceable against the Tenant. The Tenant shall be entitled to all remedies authorized by law and Section 8.52.170; provided, however, that said remedies shall not include the displacement of a subsequent Tenant in the Fully or Partially Covered Rental Unit.

(Ord. 2023-0054 § 7, 2023; Ord. 2022-0060 § 10, 2022; Ord. 2021-0040 § 12, 2021; Ord. 2019-0063 § 2, 2019.)

A.

Permanent Relocation Assistance. When relocation assistance must be paid to Tenants who are evicted from their Fully or Partially Covered Rental Unit pursuant to Section 8.52.090.E, the Landlord must make the relocation assistance payment in accordance with this Section and the Department's procedures and guidelines. The relocation assistance payment shall be served simultaneously with the notice of termination of Tenancy.

The County will determine standard relocation assistance amounts based on the following:

a.

Three times the Countywide median Rent based on the Rental Unit size;

b.

Estimated costs associated with disconnecting and reconnecting utilities;

c.

Estimated packing and moving costs;

d.

Estimated storage costs for three (3) months;

e.

Packing supplies;

f.

Application fees; and

g.

Taxes.

A Tenant who is either a Qualified Tenant or a Lower-Income Tenant, as defined in this Section, may receive additional relocation assistance.

a.

Qualified Tenant. If one of the Tenants living in the Fully or Partially Covered Rental Unit from which the Tenants are to be displaced includes a person who is sixty-two (62) years of age or older, disabled, terminally ill or has children under the age of eighteen (18), then all Tenants living in the Fully or Partially Covered Rental Unit are collectively entitled to the Qualified Tenant relocation assistance listed in the relocation fee schedule.

b.

Lower-Income Tenant. If one of the Tenants living in the Fully or Partially Covered Rental Unit from which the Tenants are to be displaced includes a lower-income person, as defined by California Health and Safety Code section 50079.5, then all Tenants living in the Fully or Partially Covered Rental Unit are collectively entitled to the Lower-Income Tenant relocation assistance listed in the relocation fee schedule.

Permanent Relocation Assistance Payments shall be paid as follows and only upon the mutual written agreement between the Landlord and Tenant:

a.

Escrow Account. Permanent relocation assistance payments may be deposited into an escrow account and pursuant to the Department's procedures and guidelines; or

b.

Direct Payment. Permanent relocation assistance payments may be paid directly to the Tenant.

Relocation Specialist Services. A Landlord must, at the Landlord's own expense, hire a relocation specialist with experience in providing relocation services to Tenants in the County. A Landlord must disclose to the Department the relocation specialist hired and the relocation assistance that will be offered and provided to the Tenant. The Department may request a written certification on a form approved by the Department that the services were provided to the Tenant.

Refund of Security Deposit. A Landlord must refund to the Tenant any security deposit paid by the Tenant. A Landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code section 1950.5.

B.

Temporary Relocation Assistance. A Landlord must pay temporary relocation assistance to a Tenant of a Fully or Partially Covered Rental Unit whois temporarily displaced due to repairs, rehabilitation, health and safety violations, or other work on the Fully or Partially Covered Rental Unit that cannot be completed while the Tenant remains in the Fully or Partially Covered Rental Unit.

Thirty (30) Days or Less. A Landlord must provide the Tenant a per-diem payment if the Tenant will be temporarily displaced for thirty (30) Days or less.

Thirty-One (31) Days or More. A Landlord must provide the Tenant either a per-diem payment or comparable temporary accommodations, if available.

Per-Diem Payment.

a.

Per-diem payment will be based on the Federal General Services Administration per-diem rate for lodging and any incidentals in the County, which is updated on a yearly basis and may include any applicable transient occupancy taxes.

b.

Upon mutual written agreement by the Landlord and Tenant, per-diem payments for lodging and any incidentals may be paid directly to the Tenant, or, in the event of a hotel or motel accommodation lodging costs may be paid directly to the hotel or motel.

Temporary Relocation Assistance payments will be made in accordance with the Department's procedures and guidelines.

Temporary Hotel or Motel Accommodation. If relocation is to a hotel or motel, the Landlord must provide a hotel or motel accommodation which is safe, sanitary, and unless otherwise agreed upon by the Landlord and Tenant, within a reasonable distance of the Tenant's Fully or Partially Covered Rental Unit.

C.

No Waiver. A Tenant cannot waive his or her right to receive relocation assistance required by this Chapter.

D.

Relocation Assistance Set By the Board. The relocation assistance per Fully or Partially Covered Rental Unit shall be set by the Board and may be based on the number of bedrooms per Fully or Partially Covered Rental Unit or as provided by the Board. The Department is authorized to do an annual adjustment in the relocation assistance multiplied by the percentage increase, if any, in the CPI Index for the Los Angeles-Long Beach-Glendale area as published by the U.S. Department of Labor Statistics for the twelve-month (12) period ending. Amounts will be rounded to the nearest whole dollar.

E.

Any action brought by a Tenant for a violation of this Section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.

(Ord. 2023-0054 § 8, 2023; Ord. 2022-0060 § 13, 2022; Ord. 2021-0040 § 13, 2021; Ord. 2020-0012 § 8, 2020; Ord. 2019- 0063 § 2, 2019.)

A.

Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to Rent a Fully or Partially Covered Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances:

When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;

When renewing a Rental Agreement; and

When providing notice of a Rent increase or decrease in a Fully Covered Rental Unit or a Service Reduction.

B.

Notice Regarding Potential Pass-Through Costs and Fees. A Landlord shall include language in the Rental Agreement that Tenant may be subject to pass-through costs and fees that have been reviewed and approved by the Department.

C.

If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.

D.

Posting on Property. A Landlord must post a copy of the form notice of Tenant rights poster, as published by the Department, in an on-site management office or in accessible area of the Rental Property.

(Ord. 2022-0060 § 11, 2022; Ord. 2021-0040 § 14, 2021; Ord. 2020-0012 § 9, 2020; Ord. 2019-0063 § 2, 2019.)

A.

Retaliatory Eviction.

If the main intent of the Landlord in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent, then the Landlord may not terminate the Tenancy or refuse to renew the Tenancy or cause the Tenant to quit involuntarily.

A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Chapter and the alleged act of retaliation.

Retaliation against a Tenant because of the Tenant's exercise of rights under this Chapter is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Chapter in evaluating a claim of retaliation.

B.

Anti-Harassment. No Landlord or any person acting as a principal or agent, offering a Fully or Partially Covered Rental Unit for Rent, or any contractor, subcontractor or employee of the Landlord shall, with respect to Rental Property used as a Rental Unit under any Rental Agreement or other Tenancy or estate at will, however created, do any of the following:

Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate California Civil Code section 789.3.

Take any of the following actions in bad faith:

a.

Fail to perform repairs and maintenance required by the Rental Agreement or by federal, State, or local laws;

b.

Fail to exercise due diligence in completing repairs and maintenance once undertaken;

c.

Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;

d.

Conduct elective renovation or construction of Fully or Partially Covered Rental Unit for the purpose of harassing a Tenant;

e.

Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit;

f.

Refuse to cash or process a check or other form of acceptable Rent payment for over thirty (30) Days after it is tendered;

g.

Fail to maintain a current address for delivery of Rent payments;

h.

Violate a Tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a Tenancy;

i.

Release information protected by the Tenant's right to privacy except as required or authorized by law; or

j.

Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation.

Abuse the right of access into a Fully or Partially Covered Rental Unit as established by California Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the Tenant agrees otherwise; entries contrary to a Tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a Fully or Partially Covered Rental Unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing a Fully or Partially Covered Rental Unit.

Influence or attempt to influence a Tenant to vacate a Fully or Partially Covered Rental Unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.

Threaten the Tenant, by word or gesture, with physical harm, or abuse Tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications.

Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.

Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Fully or Partially Covered Rental Unit based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord. No Landlord shall be liable under this Section for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action.

Remove from the Fully or Partially Covered Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy.

Provide false written or verbal information regarding any federal, State, County, or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a Tenant:

a.

Sign a new Rental Agreement not in the Tenant's primary language if:

(i)

Rental Agreement negotiations were conducted in the Tenant's primary language;

(ii)

The existing Rental Agreement is in the Tenant's primary language; or

(iii)

Landlord is otherwise aware that the new Rental Agreement is not in Tenant's primary language.

b.

Enter into a Rent repayment plan if the Landlord states, misrepresents, suggests, or implies, that the Tenant should or must do so to take advantage of Tenant protection laws that do not in fact require such plans.

Offer payments to:

a.

A Tenant to vacate more than once in six (6) months, after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate;

b.

Attempt to coerce Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.

Communicate with Tenant in a language other than Tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying Tenant.

Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit, unless Fully Exempt, as that right is defined by law.

Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit, unless Fully Exempt, and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit, unless Fully Exempt, to vacate such Rental or to surrender or waive any rights in relation to such occupancy.

Remove a Housing Service for the purpose of causing the Tenant to vacate the Fully or Partially Covered Rental Unit. For example, taking away a parking space knowing that a Tenant cannot find alternative parking and must move.

Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature informing other Tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards.

C.

Remedies and Penalties. For the purposes of this Section:

If any Landlord or any person, acting as a principal or agent, offering a Fully or Partially Covered Rental Unit for Rent, or any contractor, subcontractor, or employee of the Landlord violates the terms of this Section, an aggrieved Tenant may institute a civil action, as allowed under Section 8.52.170, for injunctive relief, direct money damages, and any other relief that the court deems appropriate. Such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved Tenant is older than sixty-two (62) or disabled, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.

The above remedies are not exclusive and do not preclude any Tenant from seeking other remedies or penalties provided by applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.

(Ord. 2022-0060 § 12, 2022; Ord. 2021-0040 § 15, 2021; Ord. 2020-0012 § 10, 2020; Ord. 2019-0063 § 2, 2019.)

The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.

(Ord. 2021-0040 § 16, 2021; Ord. 2020-0012 § 11, 2020; Ord. 2019-0063 § 2, 2019.)

The Department is authorized to take any and all appropriate steps it deems necessary to enforce this Chapter.

(Ord. 2021-0040 § 17, 2021.)

A.

Administrative Review.

The Department shall review and evaluate applications pursuant to this Chapter.

The Department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.

B.

Authorization. Any party dissatisfied by the Department's final decision pursuant to this Chapter may request an appeal of the Department's decision to the Commission, unless otherwise prohibited by this Chapter. The Department's administrative record shall be reviewable by the Commission.

C.

Time Limit. A party must file an appeal before the Commission within fifteen (15) Days of the Department's final decision. The Commission shall have no authority to consider matters not filed within fifteen (15) Days of the Department's final decision.

D.

Filing of Appeals. An appeal shall be filed with the secretary of the Commission or Department staff assigned to the Commission, on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:

The Department's determination or interpretation is not in accord with the purposes of this Chapter;

There was an error or abuse of discretion by the Department;

The administrative record includes inaccurate information; or

The Department's decision is not supported by the administrative record.

E.

Procedures for Appeals.

Hearing Dates. The Commission may delegate the setting of hearing dates to its secretary or Department staff assigned to the Commission.

Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the Commission shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the Department, and any other interested party.

Application and Materials. At an appeal hearing, the Commission shall consider only the administrative record that was the subject of the Department's final decision.

F.

Decision and Notice.

After the hearing, the Commission shall either:

a.

Affirm, modify, or reverse the Department's decision and specify the reasons for its decision; or

b.

Refer the matter back to the Department for further review.

Decisions shall be rendered within thirty (30) Days of the close of the hearing. If the Commission fails to act within thirty (30) Days of the close of the hearing, the Department's decision shall be deemed affirmed.

The secretary or Department staff assigned to the Commission shall mail the Commission's decision to the parties within ten (10) Days after it is rendered.

G.

Final decision. The decision of the Commission shall be final and not subject to further appeal.

(Ord. 2022-0060 § 13, 2022; Ord. 2021-0040 § 18, 2021; Ord. 2019-0063 § 2, 2019.)

A.

Administrative Fines. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an administrative fine not to exceed One Thousand Dollars ($1,000).

B.

Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense. The remedies set forth in this Section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.

C.

Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, or Department's procedures and guidelines, the Department may issue Notices of Violation and Administrative Fine in accordance with the authority and procedures set forth in County Code, Chapter 1.25.

D.

Administrative Appeals and Judicial Review.

Administrative Appeal. Any Landlord or Tenant who receives a Notice of Administrative Fine may request an administrative hearing before a hearing officer in accordance with County Code, Chapter 1.25.

Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance with County Code, Chapter 1.25.

(Ord. 2022-0060 § 14, 2022; Ord. 2021-0040 § 19, 2021; Ord. 2019-0063 § 2, 2019.)

A.

Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the County, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.

B.

Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation, except for as allowed in Section 8.52.130.

C.

Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine not to exceed One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period of not more than six (6) months, or by both.

D.

Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

E.

The above remedies are not exclusive and do not preclude the County or any Tenant from seeking other remedies or penalties provided by applicable law.

F.

Affirmative Defense. Any protections included in this Chapter shall constitute an affirmative defense for a Tenant in any civil unlawful detainer action brought pursuant to California Code of Civil Procedure section 1161, and any other civil action seeking repossession and repayment of rental debt. The Tenant shall have the burden to prove the basis of their affirmative defense.

(Ord. 2023-0054 § 9, 2023; Ord. 2022-0060 § 15, 2022; Ord. 2021-0040 § 20, 2021; Ord. 2019-0063 § 2, 2019.)

The Department shall have the authority to contract, in accordance with County contracting rules and procedures, with community based organizations for them to assist in the education and outreach related to this Chapter.

(Ord. 2019-0063 § 2, 2019.)

Any waiver of rights under this Chapter shall be void as contrary to public policy.

(Ord. 2019-0063 § 2, 2019.)

If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.

(Ord. 2019-0063 § 2, 2019.)