17.08 — DEFINITIONS

As used in this title:

"Banked amount" shall mean that portion of the maximum allowable rent which resulted from the base rent, increased by any subsequent lawful adjustments between September 1, 1985 and August 31, 1996, but which the landlord has not charged to a tenant. This amount is still available to the landlord to demand, collect or receive, in accordance with the provisions of this title, from a tenant whose tenancy commenced prior to January 1, 1996.

"Base rent," on and after September 1, 1985 shall mean the rent in effect for a rental unit on April 30, 1984 except in the following circumstances:

• a. For a unit rented between January 1 and April 29, 1984, which was vacant on April 30, 1984, "base rent" shall mean the rent in effect during the last month the unit was rented prior to April 30, 1984.

• b. For a unit not rented between January 1 and April 30, 1984, "base rent" shall mean the rent first charged for the unit after April 30, 1984.

• c. For a unit rented for the first time after April 30, 1984, "base rent" shall mean the rent first charged for the unit.

• d. For a unit subject to this title, then exempted under the provisions of this title and then no longer exempt, the base rent as of the termination of the exemption shall be the lawful rent immediately before the effective date of the exemption adjusted by the intervening general adjustments which would have been permitted for that unit if it had not been exempt.

• e. For a government-owned or assisted housing unit exempt at the adoption of this title and then no longer exempt, the base rent shall be the first rent charged for the unit unless the previous tenancy was terminated by the landlord by notice pursuant to Civil Code Section1946, or was terminated upon a change in the terms of the tenancy noticed pursuant to Civil Code Section 827, except a change permitted by law in the amount of rents or fees, in which case the base rent shall be the last contract rent charged for the unit.

• f. For a unit occupied by a resident manager whose tenancy commenced contemporaneously with his or her employment, and then placed in the rental market, the base rent shall be the rent first charged for the unit after departure of the resident manager; except that if the unit was rented to a tenant at any time after January 1, 1984, the base rent shall be the last rent charged for the unit, adjusted by any annual adjustments permitted under this title.

• g. For a unit occupied by a resident manager whose tenancy commenced prior to his or her employment, and is no longer the resident manager, the base rent shall be the same as the base rent charged for a unit in the building with the same number of bedrooms adjusted by any annual adjustments permitted under this title, unless the amount of the rent can be established from the parties' agreement concerning the resident manager services. If there is more than one unit in the building with the same number of bedrooms and with different rents, the base rent shall be the same as the average of the rents charged for the units with the same number of bedrooms.

sted by any annual adjustments permitted under this title, unless the amount of the rent can be established from the parties' agreement concerning the resident manager services. If there is more than one unit in the building with the same number of bedrooms and with different rents, the base rent shall be the same as the average of the rents charged for the units with the same number of bedrooms.

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 17.08.010

§ 17.08.010

• h. For tenants whose tenancy commenced on or after January 1, 1999, base rent shall mean the rent charged to the tenant(s) at the inception of the tenancy provided that amount is not in violation of this title or any provision of state law.

The City Council finds that a substantial portion of the rent increases imposed during 1984 occurred between April 30, 1984 and September 1, 1984. Further, the petition for incorporation of the city was filed well before April 30, 1984 and the incorporation and the imposition of rent controls by the city were probable and widely known by April 30, 1984 and rent increases were thereafter imposed in anticipation of a city rent control measure. The City Council therefore finds the rents in effect on April 30, 1984 to be the appropriate base rents.

• i. For tenancies governed by a Section 8 Housing Choice Voucher Program on March 1, 2003, "base rent" shall mean the contract rent, referred to in the Section 8 contract as "rent to owner." The contract rent shall remain the base rent as long as the Section 8 contract remains in effect. [1 ]

• j. For tenancies governed by a Section 8 Housing Choice Voucher Program entered into after March 1, 2003, "base rent" shall mean the contract rent established at the inception of the Section 8 contract. The contract rent shall remain the base rent for as long as the Section 8 contract remains in effect. [2 ]

"Building improvement" shall mean a substantial change in the housing accommodations such as would materially increase the rental value in a normal market and will provide tenants with a benefit or service which they had not previously enjoyed. Replacement of facilities, materials or equipment so as to maintain the same level of services as previously provided shall not constitute a building improvement.

"Buyout agreement" shall mean an agreement wherein the landlord pays a tenant money or other consideration to vacate a rental unit. An agreement to settle a pending unlawful detainer action shall not be a "buyout agreement."

"Buyout offer" shall mean an offer, oral or written, by a landlord to pay a tenant money or other consideration to vacate a rental unit. An offer to settle a pending unlawful detainer action shall not be a "buyout offer."

"Commission" shall mean the Rent Stabilization Commission or its designee (the Department of Rent Stabilization or the Director of the Department of Rent Stabilization) of the City of West Hollywood.

"Condominium" shall mean the same as defined in Sections 783 and 1357 of the California Civil Code.

"Consumer Price Index" shall mean that portion of the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics for Los Angeles – Riverside – Orange County (all items, 1967 = 100).

"Dwelling unit" shall mean a room or a group of two or more rooms designed, intended, or used for human habitation.

"Disabled tenant" shall mean a person who has a physical or mental impairment that substantially

1. Editor's Note: This subsection added by Ord. 03-650U; effective May 1, 2003.

2. Editor's Note: This subsection added by Ord. 03-650U; effective May 1, 2003.

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

RENT STABILIZATION

§ 17.08.010

§ 17.08.010

limits one or more of the major life activities, and who identifies him or herself as disabled.

"Electric vehicle charging station" or "charging station" shall mean any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

"Hearing examiner" shall mean a person who has been appointed by the City Manager or the City Manager's designee to perform the duties set forth in Section 17.12.010. Housing Services.

• a. "Housing services for tenancies commencing before January 1, 1999," shall mean services provided by a landlord on or after April 30, 1984, connected with the use or occupancy of a rental unit including, but not limited to, utilities (such as cable television, light, heat, water, and telephone), ordinary repairs or replacements, and maintenance (including painting, window coverings, carpeting and other floor coverings). Housing services also include the provision to tenants of elevator service, laundry facilities and privileges, common recreational facilities, janitorial service, a resident manager, refuse removal, furnishings, parking, private street cleaning and maintenance, security garages, security locks, dead bolts and any other benefits, privileges or facilities or the terms and conditions of tenancy.

• b. "Housing services for tenancies commencing on or after January 1, 1999," shall mean services listed on the unit re-registration form filed with and accepted by the city and any other services actually provided by the landlord or agreed to by the landlord and tenant. If said re-registration form has not been filed with and accepted by the city, housing services shall mean services provided on or after April 30, 1984 unless otherwise agreed to by the landlord and tenant.

• c. "Housing Services for Section 8 Tenants" shall mean services listed on a unit re-registration form filed with and accepted by the city. If said re-registration form has not been filed with and accepted by the city, housing services shall mean services provided on or after March 1, 2003, or on or after the inception of the Section 8 contract, whichever occurs later. [3 ]

"Landlord" shall mean an owner, lessor, sublessor or any other person or entity entitled to offer any residential 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.

"Maximum allowable rent" or "MAR" shall mean the maximum monthly amount, determined in accordance with the provisions of this title, that may be demanded, collected or received by a landlord as rent for any rental unit covered by this title.

"Parking space(s)" shall mean a carport, garage, parking lot, parking stall or parking structure owned by the landlord and designated under the terms of a written or oral rental agreement for rent-stabilized housing as an area for vehicle parking either assigned to a single tenant or residential unit, or designated as a resource shared in common.

"Principal residence" is that dwelling unit in which habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one principal residence. In determining whether a person occupies a dwelling unit as a principal residence the following factors shall be considered: (i) whether the person carries on basic living activities at the dwelling unit; (ii)

3. Editor's Note: This subsection added by Ord. 03-650U; effective May 1, 2003.

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA § 17.08.010

WEST HOLLYWOOD CODE

§ 17.08.010

the amount of time that the person spends at any other dwelling unit; (iii) whether the person is a registered voter at the dwelling unit; (iv) whether the person maintains utility services in their name at the dwelling unit; (v) whether the person's vehicle registration, driver's license or identification card contains the address of the dwelling unit; (vi) whether the person receives mail at the dwelling unit; and (vii) any other relevant factors.

"Rent" shall mean the consideration paid for the use or occupancy of a rental unit and for the provision of related housing services.

"Rental units" shall mean all dwelling units in the City of West Hollywood, rented or offered for rent for human habitation, the land and buildings appurtenant thereto, and all housing services provided in connection with the use or occupancy thereof. Rental units shall include, but not be limited to, apartments, condominiums, stock cooperatives, single-family residences, and hotel units not exempted under Section 17.24.010.

"Rent increase" shall mean an increase in the rent charged for a rental unit, any substantial decrease in housing services without a corresponding decrease in rent or an increase in any security deposit or nonpayment of interest in violation of Chapter 17.32.

"Resident manager" shall mean a person who resides on the premises and is employed to perform or to be responsible for the operation and/or maintenance of the rental units and the premises.

"Security deposit" or "security" shall mean the same as the term "security" as defined in Section 1950.5(b) of the California Civil Code, as may be amended.

"Senior citizen" shall mean a person who is sixty-two years of age or older.

"Single-family residence" shall mean one single detached structure containing one dwelling unit for human habitation and accessory buildings appurtenant thereto located on a lot or parcel and all housing services provided in connection with the use or occupancy thereof. "Single-family residence" shall not mean two or more detached dwelling units located on the same lot or parcel.

"Stock cooperatives" shall mean the same as defined in Section 11003.2 of the California Business and Professions Code.

"Tenancy" shall mean the right or entitlement of a tenant to use or occupy a rental unit.

"Tenant" shall mean a tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a written or oral rental housing agreement to the use or occupancy of a rental unit.

"Vacancy" shall mean the departure from a rental unit of all of the tenants. For the purposes of this paragraph the term tenant shall not include persons who took possession as sublessees or assignees after January 1, 1999, if the rental agreement restricts or prohibits subletting or assignment and the restriction has not been satisfied or the prohibition has not been waived.

"Voluntary vacancy" means a vacancy which occurs by the independent choice of the tenant(s) without intimidation or pressure, and does not include a vacancy which results from conduct by the landlord or the landlord's agent which constitutes harassment prohibited by law, constructive eviction, or a breach of the covenant of quiet enjoyment of the property or a vacancy where the previous tenancy has been terminated by the landlord by notice pursuant to Civil Code Section 1946, or was terminated upon a change in the terms of the tenancy noticed pursuant to Civil Code Section 827, except a change permitted by law in the amount of rents or fees. (Prior code § 6402; Ord. 09-810 § 1, 2009; Ord. 13-925U §§ 1, 3, 2013; Ord. 17-1017 § 2, 2017; Ord. 18-1052 § 1, 2018; Ord. 22-1177 § 2, 2022; Ord. 23-13 § 8, 2023; Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 2, 1985; Ord. 85-79U § 1, § 2, 1985; Ord. 87-135 § 1, 1987; Ord. 87-135U § 1, 1987; Ord. 89-238 § 1, 1989; Ord. 95-449U §§ 1, 2, 1995;

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

RENT STABILIZATION

§ 17.08.010

§ 17.08.010

Ord. 97-485 §§ 1– 5, 37 – 41, 46 – 50, 70, 1999; Ord. 99-539 § 1, 1999; Ord. 03-650U §§ 1, 2, 2003)

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA § 17.12.010

RENT STABILIZATION

§ 17.12.010