West Hollywood Municipal Code Ch. 17.28 Registration, Posting and Disclosure

(a) Initial Registration.

(1) Registration Required. A landlord must register every rental unit unless the rental unit is specifically exempt under this title. Registration is complete only when all required information has been provided to the city and all outstanding fees and penalties have been paid.

(2) After Terminated Exemption. When a rental unit that was exempt from this title on September 15, 1985 becomes governed by this title for the first time, the landlord must register the unit with the city within thirty days after the exemption ends.

(b) Reregistration. When a rental unit is rerented after a vacancy, the landlord must reregister the unit with the city within thirty days after the rerental.

(c) Annual Registration. The Commission may in its discretion require annual registration of all units if deemed necessary to effectuate the purposes of this title.

(d) Registration Amendment; Landlord Required to notify City of Changed Registration Information. A landlord must file a registration amendment with the city within thirty days of a change in a rental unit's ownership or management, or a change in the owner's or manager's contact information.

(e) Violations. Violations of this section are subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code; provided, however, that before a penalty will be assessed, a landlord is served by regular, first class mail with a notice of deficiency providing no less than fifteen days in which to come into "substantial compliance" with this section as that term is defined in subsection (b) of Civil Code Section 1947.7.

(Prior code § 6407(a); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, § 6, 1985; Ord. 85-79U § 1, § 6, 1985; Ord. 85-84U § 5, 1985; Ord. 87-135 § 6, 1987; Ord. 87-135U § 6, 1987; Ord. 87-168 § 1, 1987; Ord. 89-236 § 1, 1989; Ord. 89-236U § 1, 1989; Ord. 91-282 § 2, 1991; Ord. 91-311 § 2, 1991; Ord. 91-315 §1, 1991; Ord. 95-449U § 5, 1995; Ord. 99-548 § 73, 1999; Ord. 02-637U § 1, 2002; Ord. 02-638(R) § 1, 2002; Ord. 05-714 § 1, 2005; Ord. 23-13 § 5, 2023)

(a) Initial Registration Form. The initial registration must be on a form provided by the city and must show:

(1) The name and address of the landlord;

(2) The address of the landlord's rental unit or units;

(3) The base rent as defined in Section 17.08.010(2);

(4) If rented on or after January 1, 1996, the rent charged at the inception of the tenancy;

(5) The housing services provided for the rental unit on the date the base rent was established for all units rented before January 1, 1999 and the housing services provided for the rental unit at the inception of the tenancy for all units rented on or after January 1, 1999;

(6) The amount of security deposits or other payments demanded in addition to the periodic rent for the unit;

(7) The date on which the landlord assumed ownership of the rental unit; and

(8) Other information deemed relevant by the Commission.

(b) Reregistration Form. When a rental unit is vacated and rerented on or after January 1, 1996, the landlord must, within thirty days of the rerental, reregister the unit by filing a completed reregistration on a form provided by the city.

(c) Registration Amendment Form. A landlord's notification to the city of a change in ownership, management, or contact information must be on a form provided by the city.

(d) Section 8 Units. No later than thirty days after each new Section 8 Housing Choice Voucher tenancy or contract begins, the landlord must file a Special Registration for Section 8 Tenancies on a form provided by the city. The landlord shall provide on the special registration form:

(1) The landlord's name and address;

(2) The rental unit's street address and mailing address;

(3) The base rent as defined in Section 17.08.010(2)(i) or Section 17.08.010(2)(j);

(4) The housing services provided for the rental unit as of the inception of the Section 8 contract;

(5) The amount of security deposit or other monies demanded in addition to rent;

(6) The date on which the landlord assumed ownership of the rental unit; and

(7) Any other information deemed relevant by the Commission.

(Prior code § 6407(b); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 6, 1985; Ord. 85-79U §§ 1, 6, 1985; Ord. 85-84U § 5, 1985; Ord. 87-135 § 6, 1987; Ord. 87-135U § 6, 1987; Ord. 87-168 § 1, 1987; Ord. 89-236 § 1, 1989; Ord. 89-236U § 1, 1989; Ord. 91-282 § 2, 1991; Ord. 91-311 § 2, 1991; Ord. 91-315 §1, 1991; Ord. 95-449U § 5, 1995; Ord. 99-548 §§ 6, 7, 54, 1999; Ord. 02-637U § 2, 2002; Ord. 02-638(R) § 2, 2002; Ord. 03-650U § 5, 2003; Ord. 05-714 § 1, 2005)

(a) Generally. Upon registration and annually thereafter, the landlord must pay the city a registration fee for each rental unit under his or her ownership. The purpose of the fee is to reimburse the city for administrative costs associated with administering this title. The amount of the fee is determined by resolution of the City Council.

(b) Pass-Through to Tenants. The amount of the registration fee, if any, that a landlord may pass through to a tenant is determined by resolution of the City Council. If the City Council determines that part of the registration fee may be passed through to tenants, the pass-through must be in the form of a rent surcharge prorated over a twelve-month period. No fee may be passed through if it has not actually been paid by the owner, and the fee may not be passed through until the owner completes the registration requirements. Penalty or late fees for failure to register may not be passed through to tenants. The registration fee may be waived by regulation.

(1) No Pass-Through for Section 8 Tenants. No portion of the registration fee may be passed through to tenants whose tenancy is governed by a Section 8 Housing Choice Voucher Program contract. But the landlord does not have to pay to the city the portion of registration fees that the landlord could pass through to the tenant but for this subsection.

(Prior code § 6407(c); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 6, 1985; Ord. 85-79U §§ 1, 6, 1985; Ord. 85-84U § 5, 1985; Ord. 87-135 § 6, 1987; Ord. 87-135U § 6, 1987; Ord. 87-168 § 1, 1987; Ord. 89-236 § 1, 1989; Ord. 89-236U § 1, 1989; Ord. 91-282 § 2, 1991; Ord. 91-311 § 2, 1991; Ord. 91-315 § 1, 1991; Ord. 95-449U § 5, 1995; Ord. 99-548 § 23, 1999; Ord. 03-650U § 6, 2003; Ord. 05-714 § 1, 2005)

(a) Annual General Adjustments Prohibited. A landlord is ineligible to impose an annual general adjustment for a rental unit that is not registered or reregistered as required by this chapter. The difference between the rent that the landlord was entitled to collect and the amount actually collected as the result of an annual general adjustment for which a landlord is ineligible is an illegal rent overcharge.

(b) Annual General Adjustments Permitted Upon Compliance. A landlord may prospectively apply any annual general adjustment denied as the result of non-compliance with registration or reregistration requirements if the landlord:

(1) Fully complies with the registration and reregistration requirements;

(2) Pays to the city any unpaid registration fees and penalties that are not barred by the statute of limitations; and

(3) Pays any affected tenant the difference between the lawful rent and the illegally overcharged rent that the landlord collected during the period of non-compliance, except that no tenant may recover overcharges collected more than three years before the filing date of a re-registration form or a rent adjustment application by the tenant to recover the overcharges, whichever is earlier.

(Prior code § 6407(d); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1, 6, 1985; Ord. 85-79U §§ 1, 6, 1985; Ord. 85-84U § 5, 1985; Ord. 87-135 § 6, 1987; Ord. 87-135U § 6, 1987; Ord. 87-168 § 1, 1987; Ord. 89-236 § 1, 1989; Ord. 89-236U § 1, 1989; Ord. 91-282 § 2, 1991; Ord. 91-311 § 2, 1991; Ord. 91-315 § 1, 1991; Ord. 95-449U § 5, 1995; Ord. 99-548 § 43, 1999; Ord. 02-637U § 3, 2002; Ord. 02-638(R) § 3, 2002; Ord. 05-714 § 1, 2005; Ord. 12-886 § 1, 2012)

(a) Initial Registration Required. No later than January 1, 2023, a landlord must register every rental unit located in a structure that was first occupied after July 1, 1979 and for which a certificate of occupancy was first issued after July 1, 1979, or any single-family residence, condominium, cooperative or other residential rental unit which is separately alienable, unless the rental unit is specifically exempt under this title. Registration is complete only when all required information has been provided to the city and all outstanding fees and penalties have been paid.

(b) Reregistration. Effective January 1, 2023, when a rental unit subject to subsection (a) of this section is rerented after vacancy, the landlord must reregister the unit with the city within thirty days after the rerental.

(c) Registration Amendment. A landlord subject to this section must file a registration amendment with the city within thirty days of a change in a rental unit's ownership or management, or a change in the owner's or manager's contact information.

(d) Registration Procedures. The information provided pursuant to this section shall be established by regulation of the Commission.

(e) Registration Fee. For any property subject to this section, upon registration and annually thereafter, the landlord must pay the city a registration fee for each rental unit under his or her ownership. The purpose of the fee is to reimburse the city for administrative costs associated with administering this title. The amount of the fee is determined by resolution of the City Council.

(1) The amount of the registration fee, if any, that a landlord may pass through to a tenant is determined by resolution of the City Council. If the City Council determines that part of the registration fee may be passed through to tenants, the pass-through must be in the form of a rent surcharge prorated over a twelve-month period. No fee may be passed through if it has not actually been paid by the owner, and the fee may not be passed through until the owner completes the registration requirements. Penalty or late fees for failure to register may not be passed through to tenants. The registration fee may be waived by regulation.

(2) No portion of the registration fee may be passed through to tenants whose tenancy is governed by a Section 8 Housing Choice Voucher Program contract. But the landlord does not have to pay to the city the portion of registration fees that the landlord could pass through to the tenant but for this subsection.

(f) Violations. Violations of this section are subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code; provided, however, that before a penalty will be assessed, a landlord is served by regular, first class mail with a notice of deficiency providing no less than fifteen days in which to come into "substantial compliance" with this section as that term is defined in subsection (b) of Civil Code Section 1947.7.

(Ord. 22-1177 § 9, 2022; Ord. 23-13 § 6, 2023)

(a) At the beginning of every tenancy subject to the limits on rents governed by this title, the landlord shall give each tenant a copy of a notice that includes the following information: that the property is subject to the provisions of the Rent Stabilization Ordinance of the City of West Hollywood; that a copy of the ordinance and information about the maximum allowable rent that may be charged for each unit may be obtained from the Department of Rent Stabilization; the Department's telephone number; and the following statement: "This property is also subject to Chapter 17.52 of the City of West Hollywood Rent Stabilization Ordinance, which includes, but is not limited to, the protections related to eviction and the prohibition against tenant harassment."

(1) The notice shall be printed in English, Spanish, and Russian. Notices including the required translations shall be provided by the Department and shall be given to landlords upon request.

(2) The landlord may satisfy the requirements of this subsection by including the notice in an addendum to the tenant's written lease.

(b) In addition to delivering the notice required by subsection (a), above, to each tenant at the beginning of their tenancy, for buildings of five or more units the landlord shall also post a notice including the same information.

(1) The posted notice required by this subsection must be conspicuously displayed in a common area where it is reasonably likely to be seen by every tenant living at the property as well as every person visiting the property as a prospective tenant. The notice may be posted in the same place, and on the same document, as the notice of emergency telephone numbers required by Section 17.56.010(h)(4). The posted notice shall also state: "This property is also subject to Chapter 17.52 of the City of West Hollywood Rent Stabilization Ordinance, which includes, but is not limited to, the protections related to eviction and the prohibition against tenant harassment."

(2) The posted notice shall be printed in English, Spanish, and Russian. Notices including the required translations shall be provided by the Department and shall be given to landlords upon request.

(c) For all buildings of any size, the landlord shall deliver to each tenant a copy of the notice described in subsection (a) simultaneously with any notice imposing an annual rent adjustment authorized by the Commission. Delivery of this notice is in addition to the notice required at the beginning of the tenancy. The notice shall be printed in English, Spanish, and Russian, and may be provided on a form provided by the Department.

(d) If a building of five or more units is exempt pursuant to Section 17.24.010(a)(4) from the limits on rents imposed by this title, the landlord shall post a notice conspicuously displayed in a common area where it is reasonably likely to be seen by every tenant living at the property as well as every person visiting the property as a prospective tenant as follows:

(1) For buildings that have been issued a certificate of occupancy within the previous fifteen years, the notice shall state: "The rental units at this property are exempt from the limits on rents imposed by the City of West Hollywood Rent Stabilization Ordinance and Civil Code Section 1947.12. This means that, upon the expiration of any lease, the property owner may increase the unit's rent by an amount greater than the Rent Stabilization Ordinance or Civil Code Section 1947.12 would otherwise allow. This property is subject to Chapter 17.52 of the Rent Stabilization Ordinance, including, but not limited to, the protections related to eviction and the prohibition against tenant harassment."

(2) For buildings that have been issued a certificate of occupancy that is more than fifteen years old, the notice shall state: "The rental units at this property are subject to California Civil Code Section 1947.12 that limits rent increases. This property is also subject to Chapter 17.52 of the City of West Hollywood Rent Stabilization Ordinance, including, but not limited to, the protections related to eviction and the prohibition against tenant harassment."

(3) The notice required by this subsection shall include the Department's phone number.

(4) The posted notice shall be printed in English, Spanish, and Russian. Notices including the required translations shall be provided by the Department and shall be given to landlords upon request.

(e) A property owner's failure to comply with the provisions of this section is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code.

(Prior code § 6407(f); Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 §§ 1,6, 1985; Ord. 85-79U §§ 1, 6, 1985; Ord. 85-84U § 5, 1985; Ord. 87-135 § 6, 1987; Ord. 87-135U § 6, 1987; Ord. 87-168 § 1, 1987; Ord. 89-236 § 1, 1989; Ord. 89-236U § 1, 1989; Ord. 91-282 § 2, 1991; Ord. 91-311 § 2, 1991; Ord. 91-315 § 1, 1991; Ord. 95-449U § 5, 1995; Ord. 99-548 § 24, 1999; Ord. 04-676 § 1, 2004; Ord. 05-714 § 1, 2005; Ord. 21-1155 § 3, 2021)