Chapter 17.68 — REMEDIES — WestHollywood Municipal Code

§ 17.68.010. Remedies – Violations.¶

a. A tenant may refuse to pay any rent in excess of the maximum allowable rent permitted by this title. The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a rental unit for nonpayment of rent or to collect the illegal rent.
b. A tenant shall not pay otherwise allowable rent increases under Chapter 17.36 if the landlord has failed to substantially comply with the registration requirements of this title after notification from the city to tenants of the failure to comply with registration requirements. The nonpayment of rent increases in good faith pursuant to this section shall be a defense to any action brought to recover possession of a rental unit for nonpayment of rent.
c. Any person or entity who willfully demands, accepts or retains any payment in violation of the provisions of this title or in violation of the prior moratorium ordinance regulating rents adopted November 29, 1984 shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum amounts which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court. The retention of amounts received in violation of this title shall be deemed a continuing violation until such amounts are refunded to the affected persons.
d. Any person, including the city, may enforce the provisions of this title by means of a civil action. Any person or entity violating any of the provisions of this title is liable for each and every such offense for actual damages suffered by the aggrieved party, or for statutory damages in the sum of $1,000, whichever is greater, and for punitive damages. The prevailing party may also recover such attorneys' fees and costs as may be determined by the court.
e. Any person or entity violating any of the provisions of this title or the prior moratorium ordinance regulating rents adopted on November 29, 1984 shall be guilty of a misdemeanor. Any person or entity convicted of a misdemeanor under the provisions of this title shall be punishable by a fine of not more than $1,000 or by imprisonment for a period of time not exceeding six months, or by both. Each violation of any provision of this title, and each day during which any such violation is committed or continued shall constitute a separate offense.
f. The City Attorney or any other person authorized by the City Council may bring an action on behalf of the city and/or on behalf of tenants seeking injunctive relief to compel compliance with or prohibit violations of this title. Such relief may include an order requiring that all amounts accepted or retained in violation of this title be refunded to the affected persons.

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 17.68.010

g. The amount of any fee and penalty imposed by any of the provisions of this title shall be deemed a debt owing to the city and may be collected by any means provided by law.
h. Any action challenging a decision of the Commission concerning a particular rent adjustment proceeding shall be brought within ninety days of the final decision by the Commission.
i. The Commission may establish by regulation an informal procedure for resolution of disputes that arise under this title including disputes concerning the proper amount of the base rent for particular units, the dates carpets and window coverings were last replaced in a given unit and any similar matters.
j. In any action by a landlord to recover possession of a rental unit based upon nonpayment of rent by the tenant, the landlord's failure to have complied with Chapter 17.28 shall be a defense to the action if the rent demanded exceeds the amount charged the tenant at the inception of the tenancy.
k. The city may, on its own initiative, and at its discretion, conduct hearings for any of the following purposes:
1. To determine whether there should be a rent adjustment based upon a discontinuance or substantial reduction of housing services to tenants without a corresponding reduction in rent.
2. To determine whether there should be a rent adjustment based upon the failure to comply with maintenance standards required by Section 17.56.010.
3. To determine whether the landlord has accepted and retained rent in excess of that permitted by this chapter and to order appropriate relief for such overpayments.
4. To determine or establish the base rent or maximum allowable rent for a unit or units within a building, including, but not limited to, units which have been enlarged, down-sized or otherwise significantly modified.
5. To determine the validity of an existing exemption and to revoke exemptions determined to be invalid.
6. To determine the actual nature and identity of base rent housing services and current housing services being provided.
7. To make any other determination necessary or appropriate for the fair and effective application or enforcement of this title.

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City of West Hollywood, CA

RENT STABILIZATION

§ 17.68.010

Such hearings shall be conducted after notice to the parties as set forth in Chapter 17.44 and in accordance with the procedures set forth in regulations adopted by the Commission.

It is the intent of this section that Department-initiated hearings be conducted as deemed necessary by the Department, and not that they substitute for hearings initiated by the filing of an application by the tenant. It is further the intent of this section that the remedy provided herein is cumulative and not exclusive. Nothing contained herein shall operate to preclude the department from pursuing other remedies, such as civil or criminal litigation or administrative decision-making without utilizing the hearing process authorized by this section.

ngs initiated by the filing of an application by the tenant. It is further the intent of this section that the remedy provided herein is cumulative and not exclusive. Nothing contained herein shall operate to preclude the department from pursuing other remedies, such as civil or criminal litigation or administrative decision-making without utilizing the hearing process authorized by this section.

l. The remedies provided herein are cumulative and shall not be deemed to preclude any other remedy which may be available under any provision of law. (Prior code § 6414; Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, 1985; Ord. 85-79U § 1, 1985; Ord. 87-135 § 15, 1987; Ord. 87-135U § 15, 1987; Ord. 91-311 § 4, 1991; Ord. 92-333 § 1, 1992; Ord. 95-431 §§ 1 – 4, 1995; Ord. 97-482 § 2, 1997; Ord. 14-939 § 11, 2014)

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City of West Hollywood, CA