Los Angeles County Municipal Code Ch. 8.56 Landlord-Tenant Mediation Panel

The board finds that critical housing problems currently exist within the unincorporated area of Los Angeles County. With the advent of decontrol for rental units, numerous disputes have arisen between landlords and tenants of such units on the issues of rental increases and evictions. Based upon hearing held by the board and testimony presented, this board finds:

A.

That such disputes frequently may be resolved if there exists a formal means of communication and a dispute resolution mechanism;

B.

That harmony in the relationships between tenants and rental property owners is essential for the public health, safety and welfare;

C.

That public policy favors the resolution of disputes between these parties through voluntary agreement without resort to formal court proceedings; and

D.

That it is proper for the county to encourage and to participate in the resolution of such disputes between landlords and tenants.

(Ord. 83-0090 § 1 (part), 1983.)

This chapter shall be known as the "landlord-tenant mediation panel ordinance."

(Ord. 83-0090 § 1 (part), 1983.)

There is established a panel of residents of the county of Los Angeles, to be known as the "landlord-tenant mediation panel," which shall have the power and duty to mediate disputes between landlords and tenants as provided in this chapter.

(Ord. 83-0090 § 1 (part), 1983.)

A.

The director of community and senior services shall have the authority to appoint 15 or more members of the panel who shall serve without compensation for the period of time that this chapter is in effect, except that the board of supervisors or the director may remove any member at any time. Members of the landlord-tenant mediation panel shall receive a mileage allowance and reimbursement for occasional parking in the amount and manner set forth in Section 5.40.130 of this code for the use of a privately owned motor vehicle in attending hearings or meetings of the panel.

B.

The panel membership shall be balanced among landlords, including mobile home park owners, tenants and neutral parties who are neither landlords nor tenants. All panel members shall be appointed from the ranks of volunteers who have completed mediation training and have been rated as qualified by the Federal Mediation Conciliation Service or such other agency as may be designated by the director.

C.

The director shall appoint additional panel members or alternates as he or she deems necessary to adjust to the increased demands for mediation hearings. The director shall maintain a file of current eligible qualified volunteers.

(Ord. 95-0051 § 6, 1995: Ord. 84-0232 § 1, 1984: Ord. 83-0090 § 1 (part), 1983.)

In addition to those duties otherwise imposed hereunder, the director shall establish rules of procedure and policy for mediation conducted by panel members, forms requesting mediation, notices and service of notices, and rules for conduct of hearings. The director shall furnish staff support to the panel. Such staff shall respond to inquiries regarding mediation, perform informal consultations, assist in scheduling mediation hearings within time limits, serve as mediators upon the order of the director, prepare reports and maintain statistical information to be furnished quarterly to the board of supervisors and retain files on each petition for mediation for a period of not more than two years from the filing of the request.

(Ord. 95-0051 § 7, 1995: Ord. 84-0232 § 2, 1984: Ord. 83-0090 § 1 (part), 1983.)

The county of Los Angeles shall indemnify and defend the panel and its members for conduct arising out of their responsibilities as set forth in this chapter unless such conduct consists of any fraudulent or criminal act.

(Ord. 83-0090 § 1 (part), 1983.)

The panel shall meet at least once annually; such meetings shall be public meetings. At the first meeting, the panel shall elect a chairman and such other officers as it may deem appropriate. A quorum shall consist of a majority of panel members present at each meeting. All mediation hearings shall be closed to the public unless all parties consent in writing to an open hearing.

(Ord. 84-0232 § 3, 1984: Ord. 83-0090 § 1 (part), 1983.)

All panel members shall have completed training from the Federal Mediation Conciliation Service or such other professional training agency as designated by the director of the community development department and shall have been rated as qualified by such agency.

(Ord. 83-0090 § 1 (part), 1983.)

A.

"Director" means the director community and senior services for the county of Los Angeles.

B.

"Dwelling unit" means a group of two or more rooms, one of which is a kitchen, designed for occupancy by one family for living and sleeping purposes.

C.

"Efficiency dwelling unit" means a room located within an apartment house or apartment hotel, used or intended to be used for residential purposes, which has a kitchen and living and sleeping quarters combined therein.

D.

"Guest room" means any habitable room except a kitchen, designed or used for occupancy by one or more persons and not in a dwelling unit.

E.

"Landlord" means rental property owner, lessor or sublessor (including any person, firm, corporation, partnership or other entity) who receives or is entitled to receive rent for the use of any residential rental unit.

F.

"Rent" means the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental unit, or the assignment of a lease for such a unit, including but not limited to moneys demanded or paid for parking, furnishings, housing services of any kind, subletting, cleaning fees, or security deposits.

G.

"Rental units" means all dwelling units, efficiency dwelling units, guest rooms and suites in the unincorporated areas of the county of Los Angeles, together with the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or rent is paid for the land alone. The term shall not include:

Housing accommodations in hotels, motels, inns, tourist homes and boarding and rooming houses, provided that at such time as an accommodation has been occupied by one or more of the same tenants for 60 days or more, such accommodation shall become a rental unit subject to the provisions of this chapter.

Housing accommodations in nonprofit cooperatives owned and controlled by a majority of the residents;

Housing accommodations in any hospital, convent, monastery, extended medical-care facility, asylum, nonprofit home for the aged, or housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by its students;

Housing accommodations which a government unit, agency or authority owns, operates or manages, or which are specifically exempted from county rent regulation by state or federal law or administrative regulation;

Housing accommodations located in a structure for which a certificate of occupancy was first issued after July, 1979;

Single-family dwellings.

H.

"Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupancy of a rental unit.

I.

"Suite" means a group of habitable rooms designated as a unit and occupied by only one family, but not including a kitchen or other facilities for the preparation of food, with entrances and exits which are common to all rooms comprising the suite.

(Ord. 95-0051 § 8, 1995: Ord. 84-0232 § 4 (part), 1984: Ord. 83-0090 § 1 (part), 1983.)

A.

Mediation, as provided herein, shall be available only to landlords and tenants of rental units which are decontrolled pursuant to Section 8.52.220, and shall be limited to the following issues:

Disputes between landlord and tenant regarding a notice of rental increase that is claimed to be excessive or unjustified, but excluding disputes regarding rental increases effected through claimed reductions in rental housing services;

Disputes between landlord and tenant regarding a notice of termination served upon a tenant pursuant to Civil Code Section 1946; provided, that for such notices which are lawfully served less than 30 days prior to their effective date, that there shall be no requirement that a mediation hearing take place before the effective date.

B.

The provisions of this chapter shall not apply to any rent increase established by a written lease which takes effect without the service of a notice.

(Ord. 84-0232 § 4 (part), 1984: Ord. 83-0090 § 1 (part), 1983.)

A.

A petition for mediation shall be filed with the Los Angeles County department of community services on a form and with the number of copies prescribed by the director. The petition shall be accompanied by a fee of $10.00.

B.

Such petition shall state the name and address of the party or parties seeking mediation, the name, address and telephone number, if known, of all parties with whom mediation is sought, and a brief statement of the facts giving rise to the dispute. Copies of any written notices or other relevant documents shall be submitted with the petition. The petition shall further state the date that the disputed notice was served, and the date that such notice will terminate the tenancy or will effect the rent increase.

C.

The director may specify such other information as may be appropriate to be included in the petition for mediation.

(Ord. 84-0232 § 5, 1984: Ord. 83-0090 § 1 (part), 1983.)

A.

A notice sent by United States mail setting the time and place of the mediation hearing shall be prepared and served by designated staff upon all parties named in the petition, along with a copy of the petition initiating mediation.

B.

Service of such notice upon the resident manager of the premises, or upon the persons named in notices posted pursuant to Section 1962 of the Civil Code, shall be deemed to be service upon the landlord.

(Ord. 83-0090 § 1 (part), 1983.)

Upon receipt of a written petition for mediation, staff shall hold an informal consultation with the affected tenant. Such consultation may be in person or by telephone. If, following such consultation the tenant opts to withdraw the petition for mediation, such withdrawal shall be submitted on a form issued and approved by the director, and the mediation process shall terminate.

(Ord. 83-0090 § 1 (part), 1983.)

If the petition for mediation is not withdrawn following informal consultation, staff may set an initial mediation hearing to be conducted by a panel member assigned by the director or his designee. If the parties reach an agreement at such initial mediation hearing, the terms of such agreement may be stated in writing and executed by the parties, and the mediation process shall terminate. Copies of such agreement shall be retained in the case file by the department. Where no agreement is reached, the mediator shall within seven days file with the department a brief report summarizing the mediation hearing. Such report shall be served upon all parties to the hearing upon request.

(Ord. 83-0090 § 1 (part), 1983).

In cases where initial-step mediation does not result in an agreement, the mediation hearing shall be continued to a second- step mediation. A second-step mediation hearing may be set at the discretion of the director or his designee in any other case following informal consultation. The director or designee shall assign three panel members for such hearing. The assigned members shall include one landlord, one tenant, and one neutral party. If the parties reach agreement at such hearing, the mediation shall be terminated, and the terms of such agreement may be stated in writing and signed by the parties. Copies of such agreement shall be retained in the case file by the department. If no agreement is reached in a second-step mediation hearing, the mediation process shall terminate, and the mediators shall, within seven days after termination of the hearing, file with the department a brief report summarizing the mediation hearing. Such report shall be served upon all parties to the hearing upon request.

(Ord. 84-0232 § 6, 1984: Ord. 83-0090 § 1 (part), 1983.)

In addition to the fee set forth in Section 8.56.110, at the time of the mediation hearing scheduled upon the petition, the tenant shall tender a fee in the amount of $10.00. No further fee shall be imposed upon the petitioning tenant if additional hearings are conducted.

(Ord. 84-0232 § 7, 1984.)

A.

If, within 10 days of the receipt of a notice of an increase in rent or a notice of termination pursuant to Civil Code Section 1946, a petition for mediation is filed by a tenant affected by such notice, a first or second stage mediation hearing shall be set prior to the effective date of the notice, unless the notice is lawfully set to take effect in less than 30 days. In such case, the hearing shall be set within 20 days of the tenant's filing of such petition.

B.

The filing of a petition for mediation by an affected tenant shall stay the effective date of a notice of rental increase or 30-day notice served pursuant to California Civil Code Section 1946 unless or until the rental property owner or manager of the premises, or the landlord's duly authorized agent meets with the tenant requesting mediation at the hearing. The filing of a petition for mediation shall not stay the effect of a notice of less than 30 days if the tenant has previously agreed in writing to a notice period of less than 30 days.

C.

No notice shall be invalid or otherwise ineffective for failure of the parties to reach agreement during the mediation process.

D.

Nothing in this chapter shall relieve a tenant of the obligation to pay the rent in effect prior to the receipt of the notice of increase, whether or not the landlord meets with the tenant at the mediation hearing.

(Ord. 83-0090 § 1 (part), 1983.)

The hearing panel member or members may require the landlord to provide specific documentation and information regarding the costs of operating the building in which the rental unit is located at the mediation hearing, in order for the landlord to be deemed to have appeared at the mediation hearing with the tenant.

(Ord. 83-0090 § 1 (part), 1983.)

It is the intent and purpose of this chapter to provide a process in which trained mediators may assist disputants in reaching voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process.

(Ord. 84-0232 § 8, 1984: Ord. 83-0090 § 1 (part), 1983.)

Any landlord or tenant may be represented by an agent in the mediation hearing, provided that such agent is granted authority to do so in writing, and the authorization includes authority to enter into a binding written agreement of the dispute being mediated.

(Ord. 83-0090 § 1 (part), 1983.)

If a tenant files a petition and fails to appear at a duly scheduled mediation hearing, he or she shall be deemed to have withdrawn the petition for mediation and shall forfeit the right to file a further petition on the matter.

(Ord. 83-0090 § 1 (part), 1983.)

When one or more than one request for mediation has been filed with respect to rental units which are under common ownership or management, and which are operated as a single housing complex, and which relate to common subject matter, such requests may be consolidated for hearing by the director or his designee. Two or more persons may join in a petition for mediation whenever the dispute relates to all of the parties named.

(Ord. 83-0090 § 1 (part), 1983.)

In any action by a landlord to recover possession of a rental unit, the tenant may raise as an affirmative defense the failure of the landlord to participate in the mediation hearing.

(Ord. 83-0090 § 1 (part), 1983.)

If the dominant intent of the landlord seeking to recover possession of a rental unit is retaliation against the tenant for exercising his or her rights under this chapter, and if the tenant is not in default as to the payment of rent, the landlord may not recover possession of the rental unit in any action or proceeding.

(Ord. 83-0090 § 1 (part), 1983.)

The provisions of this chapter shall cease to be in effect after January 31, 1986; provided, however, that the provisions of this chapter shall be considered as still remaining in full force and effect thereafter for the purpose of maintaining or defending any judicial proceeding with respect to any right or liability that may have arisen under the provisions of this chapter during its operative period.

(Ord. 83-0090 § 1 (part), 1983.)

If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of the ordinance codified in this chapter are declared to be severable.

(Ord. 83-0090 § 1 (part), 1983.)

On appearing at the mediation hearing, the landlord shall tender a fee in the amount of $50.00. No further fee shall be imposed upon the landlord if additional hearings are conducted upon the petition. If a petition is consolidated with any other petition or petitions, the landlord shall pay only one fee for the first hearing on the consolidation.

(Ord. 84-0232 § 9, 1984: Ord. 83-0090 § 1 (part), 1983.)

A.

Every landlord of rental units shall be responsible for payment of an annual mediation fee, to be determined by the director and approved by the board of supervisors, for each such rental unit which is subject to this chapter.

Such fee shall be billed and collected by the Los Angeles County treasurer-tax collector, and shall be in an amount not greater than necessary to offset the cost of administration of this program.

B.

At the mediation hearing, the landlord shall present evidence that he has paid the fee required hereunder for each unit affected by this chapter, or shall tender such fee plus a penalty of $1.00 per each unit for which such fee is due. The mediator at the hearing is authorized to waive any penalty upon a showing of good cause.

(Ord. 83-0090 § 1 (part), 1983.)

All references to the department of community development in this chapter shall be deemed to be references to the department of community services subsequent to July 1, 1983.

(Ord. 83-0090 § 1 (part), 1983.)