Los Angeles Municipal Code Art. 3 Habitability Enforcement Program of the City of Los Angeles

(Added by Ord. No. 171,074, Eff. 6/23/96.)

Section 153.00 Title. 153.01 Declaration of Purpose. 153.02 Definitions. 153.03 Filing of Complaint for HEP, Notification of Landlord. 153.04 Landlord’s Options. 153.05 Referral of Property.

(Added by Ord. No. 171,074, Eff. 6/23/96.)

This article shall be known as the Habitability Enforcement Program of the City of Los Angeles.

(Added by Ord. No. 171,074, Eff. 6/23/96.)

On March 6, 1996, the Council of the City of Los Angeles adopted recommendations from the Housing and Community Redevelopment Committee to establish the Habitability Enforcement Program (“HEP”) substantially in conformance with the definitions and procedures outlined in a February 14, 1996 Department report.

As stated in that report, “HEP is built on the existing Rent Reduction and REAP programs. It is principally distinguished from the existing programs [because a] complaint alleging [a] habitability violation can be initiated by the tenant...[and it] allows a rent reduction and rent escrow order to be imposed in a much shorter time frame...”

HEP is a pilot program to be reviewed at the end of 18 months. During this 18 month period the Department will report to the Mayor and City Council and the Department, Department of Building and Safety, and the Fire Department will report to the Public Safety Committee on a quarterly basis on the progress of the pilot program and any recommendations for revisions to HEP.

(Added by Ord. No. 171,074, Eff. 6/23/96.)

Definitions. (Amended by Ord. No. 173,810, Eff. 4/16/01.) The following words and phrases, whenever used in this chapter, shall be construed as defined in this section. Words and phrases not defined here shall be construed as defined in Sections 12.03 and 151.02 and 162.02, if defined there.

General Manager. (Amended by Ord. No. 173,810, Eff. 4/16/01.) The General Manager of the Department or the General Manager’s designee, including a hearing officer.

Habitability Violation. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Any violation of Section 1941.1 of the California Civil Code, or a reduction or elimination of the following services if contracted for by the tenant, or if provided to the tenant at the time the tenant moves into their rental unit: elevators, security gates, and air conditioners.

HEP. (Amended by Ord. No. 173,810, Eff. 4/16/01.) The Habitability Enforcement Program provided by this article.

Order. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Any order or notice to comply, correct or abate a condition or violation issued by the Department, the Department of Building and Safety, the Health Department, the Fire Department, or their successors.

Security Gate. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Only those security gates for secured public access, pedestrian building entrances including security screen doors on unit entrances. The term shall not include parking gates, except parking gates at the entrance to underground parking facilities.

(Added by Ord. No. 171,074, Eff. 6/23/96.)

A. Filing of Complaint.

1. Either a tenant or enforcement agency may initiate a complaint with the Department alleging the existence of a habitability violation in a residential rental unit subject to the Rent Stabilization Ordinance. For

purposes of this division the term “enforcement agency” includes, but is not limited to, the Health Department, the Department of Building and Safety, Los Angeles Housing Department Code Enforcement Unit, and the Fire Department. (Amended by Ord. No. 187,122, Eff. 8/8/21.)

2. A complaint submitted by a tenant alleging a habitability violation shall be submitted to the Department as follows:

   a. On a form provided by the Department.

   b. Include proof that the tenant has given the landlord at least twenty (20) days prior notice of the alleged violation.

   c. A declaration stating that all information provided in the complaint form is true will be included on the form provided by the Department pursuant to (a) above.

The form shall also include language stating that “Any person who willfully or knowingly with the intent to deceive makes a false statement or representation, or knowingly fails to disclose a material fact, shall be guilty of a misdemeanor.” LAMC § 151.10(B)

3. When submitting a complaint, the tenant may include evidence or documentation which supports that the habitability violation exists.

B. Acceptance of Complaint.

1. Prior to formal acceptance of the complaint from a tenant alleging a habitability violation, the Department shall determine if:

   a) the complaint alleges a deficiency which conforms with the definition of a Habitability Violation;

   b) the complaint was submitted in accordance with Subdivision 2 of Subsection A of Section 153.03 of this Code.

2. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Upon acceptance of the complaint from a tenant or an enforcement agency, if the complaint is supported by an Order, then the complaint shall be treated as a referral to the REAP and rent reduction under Section 162.03, and shall be processed under that section.

3. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Upon acceptance of the complaint from a tenant, if the complaint is not supported by an Order, the Department will notify the landlord of a HEP filing and indicate the date of the scheduled hearing, which shall be no sooner then thirty days and no later then forty-five days from the date of the Department’s notification. To the extent feasible, the hearing shall be coordinated with any General Manager’s hearing scheduled under Section 161.801 et seq.

4. (Added by Ord. No. 173,810, Eff. 4/16/01.) If the complaint is not supported by an Order, the Department shall also refer the complaint for inspection pursuant to Section 161.602.

5. (Added by Ord. No. 173,810, Eff. 4/16/01.) In the event the Department determines that the complaint was submitted in bad faith or was frivolous, the complaint shall be denied. The complaint is frivolous if it is either totally and completely without merit, or is submitted for the sole purpose of harassing an opposing party. However, the tenant may appeal the Department’s decision to a hearing officer and a hearing will be held on the issue of whether or not the complaint is frivolous - not on the merits of the complaint itself. If a complaint is found to be frivolous by a hearing officer, the tenant will be barred from filing an additional application through the HEP for one year.

(Added by Ord. No. 171,074, Eff. 6/23/96.)

A. Upon receipt of the notification of hearing, the landlord may take the following steps:

1. Submit proof to the Department that the alleged habitability violation has been corrected. In this event, the Department shall cancel the proposed hearing unless the tenant challenges the accuracy of the proof filed by the landlord. If there is a tenant challenge, then the Department shall independently verify that the violation has been corrected prior to canceling the hearing.

2. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Request the Department to conduct an inspection. This inspection shall be conducted by referral of the complaint for inspection pursuant to Section 161.602. If the inspection reveals that the violation has been repaired or never existed, then the Department shall cancel the proposed hearing. If the results of the inspection support the finding that the habitability violation alleged in the complaint continues to exist, then that evidence shall be submitted to the General Manager at the time of the hearing along with any other evidence supplied by the tenant or the landlord.

3. Attend the hearing and provide evidence which indicates that a habitability violation does not exist.

B. The notice to the landlord required by Subsection B of Section 153.03 shall set forth these options.

(Added by Ord. No. 171,074, Eff. 6/23/96.)

A. General Manager Determination. (Amended by Ord. No. 173,810, Eff. 4/16/01.) The burden is on the tenant to prove that a habitability violation exists, except that where an Order has been issued to correct the violation, the burden is on the landlord to show that the violation never existed, is the fault of the tenant, or has been corrected. If after consideration of the facts presented at the hearing, the General Manager determines that a habitability violation exists, the General Manager will be authorized to issue a rent reduction and a temporary diversion of rents into REAP. The amount of the rent reduction will be based on a schedule approved by the Rent Adjustment Commission.

B. Hearing Procedures. (Amended by Ord. No. 173,810, Eff. 4/16/01.) To the extent feasible, the Department shall follow procedures and make findings in conformance with Article 1 of Chapter XVI of the Los Angeles Municipal Code.

C. Appeals. (Amended by Ord. No. 173,810, Eff. 4/16/01.) The landlord may appeal a decision to reduce the rent or accept the property into REAP to the Appeals Board following the procedures set forth in Division 10 of Article 1 of Chapter XVI of this Code.

D. Additional Procedures. (Amended by Ord. No. 173,810, Eff. 4/16/01.) Should the General Manager order the property accepted into REAP, a rent escrow account will be established. The affected tenants will be notified of their right to pay their monthly rent, minus the approved rent reduction, into the REAP account. Additionally, they will be advised that payment into REAP provides an affirmative defense against eviction by the landlord for non-payment of rent.

Upon placement of the property into REAP, the Department may make a determination of the estimated cost to repair the habitability violation. At any time prior to the accumulation of funds in the escrow account, which equals the estimated repair cost, the landlord may submit evidence that the repair has been made and request reimbursement from the escrow account. These funds shall be released to the landlord, minus fees associated with the administration of the escrow account. However, if the landlord does not effect the repairs prior to the accumulation of the repair amount, the tenant may make the repairs with the funds held in the escrow account. Once the repairs have been made and all administrative costs have been collected, the rent escrow account will be closed.

Additional payments may be made from the escrow account following the procedures set forth in Section 162.07 B.

E. Exceptions. (Added by Ord. No. 173,810, Eff. 4/16/01.)

1. No rent reduction or action to include the property into REAP will be imposed or initiated for a temporary reduction or elimination of the services, listed under the Habitability Violation definition above, if the landlord can demonstrate that the reduction or elimination was necessary for the repair, replacement or upgrade of the elevator, security gate or air conditioning unit and the repair, upgrade or replacement was completed within a reasonable period of time taking into account all relevant factors.

   2. No rent reduction or action to include the property into REAP will be imposed or initiated if the service reduction or elimination was not within the reasonable control of the landlord to remedy within 20 days of the landlord’s receipt of written notice from a tenant of the problem. No rent reduction or REAP action shall be ordered until such time as the service reduction that was the subject of the complaint was within the reasonable control of the landlord to make repairs, or, with respect to underground parking gates only, within 60 days of the landlord’s receipt from the tenant of written notice of the problem.

(Repealed by Ord. No. 173,810, Eff. 4/16/01.)