West Hollywood Municipal Code Ch. 17.30 Tenant Protection During Construction

(a) No permit shall issue under this code until a landlord has obtained an approved tenant habitability plan as set forth in Section 17.30.020 when the Director of Rent Stabilization or their designee finds that:

(1) The permit sought is for the purpose of altering, repairing or rehabilitating any property containing one or more dwelling units pursuant to Chapter 13.28, 13.32, 13.36 or 13.40 of this code;

(2) The permit sought is for work at the property that will cause any occupied residential rental dwelling unit to be uninhabitable under the housing, health, building, or safety laws of the State of California or the City of West Hollywood;

(3) The permit sought is for work at a property where the landlord has engaged in any of the conduct enumerated in subsection (b) of Section 17.52.090 of this title within a prior twelvemonth period;

(4) The permit sought is for any remodel, which shall be defined as any improvement to more than one dwelling unit or the common area(s) at a multi-family residential rental property within a twelve-month period that would materially increase rental value in a normal market; or

(5) The permit sought is for work that will result in all elevators being inoperative for more than seventy-two consecutive hours.

(b) The Director or their designee may waive the requirement of subsection (a) upon a finding that the work will be performed in a manner that will not require any mitigation measures; provided, however, that the Director or their designee may require a tenant habitability plan at any time during the permitted work if there is a material change in the scope or impact of the work.

(c) One approved tenant habitability plan may be relied upon by the landlord for the issuance of multiple permits pursuant this chapter, provided said permits relate to the same land use approval.

(Ord. 18-1047 § 10, 2018; Ord. 21-1155 § 4, 2021)

(a) A tenant habitability plan shall include the following information:

(1) Property address and parcel number;

(2) Landlord's name, address, telephone number and email address;

(3) Contact person for the project, if different from landlord, including name, address, telephone number and email address;

(4) The name, address, telephone number and email address of the general contractor and, in the case of abatement or disruption of hazardous material, including lead or asbestos, contractor for the abatement of hazardous material;

(5) Whether the work is being undertaken in response to a government order or mandatory program;

(6) Estimated construction start and completion dates; and

(7) A detailed description of the work to be performed at the property, organized sequentially, including, but not limited to, identification of:

(i) Impacted units,

(ii) Common area impacts,

(iii) Noise levels,

(iv) Utility interruptions,

(v) Potential exposure to hazardous materials, (vi) Interruption of fire or security systems,

(vii) Disruption of tenant services,

(viii) Interruption of accessibility to individual units, common areas, or parking, and

(ix) Any other information as may be determined by the Director or their designee in order to ensure a complete record of the scope of proposed work.

(b) Prior to approval by the Director or their designee, the tenant habitability plan shall include the following mitigation measures to be implemented by the landlord during the period of work covered under the plan:

(1) A specific plan for accommodating relocated tenants pursuant to Section 17.52.110 when the conditions at the property render a tenant's rental unit uninhabitable, which shall include verification that the landlord has the necessary financial resources to provide any required relocation benefits and that adequate provision will be made for the orderly, timely and efficient relocation of displaced tenants;

(2) Identification of measures that will be adopted to protect the personal property of tenants;

(3) Identification of measures that will be adopted to protect the health and safety of tenants from hazardous materials, construction materials, utility interruptions, fire and security system outages and unauthorized entry onto the property;

(4) Alternative parking accommodations as follows:

(i) If the work will interfere with tenant parking between the hours of 7:00 p.m. to 8:00 a.m., the landlord shall provide parking at an alternative location within a reasonable distance of the property, or

(ii) If the work will interfere with tenant parking outside the hours of 7:00 p.m. to 8:00 a.m. only, the landlord shall provide a reimbursement to tenants for the purchase of street parking permits; and

(5) Any other mitigation measures required by the Director or their designee to ensure the health and safety of tenants, continued provision of tenant amenities, quiet enjoyment, and protection of tenant property.

(Ord. 18-1047 § 10, 2018; Ord. 21-1155 § 4, 2021)

(a) The tenant habitability plan shall be approved or denied no more than ten business days after its submission.

(b) A tenant habitability plan may be denied when a landlord has failed to substantially comply with the requirements of Section 17.30.020.

(c) If the habitability plan is denied, the landlord shall be provided, either personally, by email or by first class mail, with a "Notice of Tenant Habitability Plan Deficiencies." Said notice shall set forth the grounds for the denial and provide guidance and suggestions for obtaining compliance with the requirements of this chapter. A landlord may submit an amended tenant habitability plan at any time, subject to the approval process set forth in this section.

(d) The Director or their designee may require further revisions and approvals to any approved tenant habitability plan upon a finding that an approved tenant habitability plan fails to adequately mitigate impacts to tenants, or that the scope of a project has changed such that its impacts are no longer adequately mitigated by an existing plan subject to the approval procedure set forth in subsections (a) through (c) of this section.

(Ord. 18-1047 § 10, 2018; Ord. 21-1155 § 4, 2021)

(a) The landlord shall serve on each affected tenant by posting on the door of the dwelling unit and first class mail an approved habitability plan no less than ten days prior to the start of permitted construction, unless the plan includes tenant relocation, in which case the plan shall be served no less than thirty days prior to the start of permitted construction. The plan served on each tenant shall only include personal information related to the notified tenant.

(b) The landlord shall also comply with and serve the following upon the affected tenants contemporaneous with service of the habitability plan:

(1) A statement that notice of interruption of services, including, but not limited to, gas, electricity, water, phone, cable, internet, laundry, parking or elevators during the permitted construction period shall be preceded by written notice to each impacted tenant detailing the service to be interrupted and the estimated time of restoration of the service no less than twenty-four hours prior to interruption of the service;

(2) A statement that construction being undertaken at the property will not terminate any tenancy;

(3) The telephone number and email address for the landlord's representative authorized to respond to tenant inquiries, complaints and requests during the construction period;

(4) A statement in minimum 14 point type containing the contact information for the Department of Rent Stabilization; and

(5) Any other information that the Director determines is necessary due to the unique circumstances of the permitted construction.

(c) The landlord shall post a notice at or near all tenant entrances to the structure that includes the approximate dates of the permitted construction, the contact information required under subsection (b)(3) of this section and the phone number for the Department of Rent Stabilization.

(d) The service and notification requirements stated in this section may be modified by the Director upon good cause shown by the landlord that strict compliance would adversely impact the health, safety or welfare of any tenant.

(e) The landlord shall provide the Department of Rent Stabilization with proof of service of an approved habitability plan within five days of service upon tenants.

(Ord. 18-1047 § 10, 2018; Ord. 21-1155 § 4, 2021)

Fees for review of tenant habitability plans pursuant to this chapter shall be established by resolution of the City Council.

(Ord. 18-1047 § 10, 2018; Ord. 21-1155 § 4, 2021)

(a) A landlord may appeal:

(1) The Director's determination pursuant to subsection (a) of Section 17.30.010 requiring production of a tenant habitability plan;

(2) The Director's determination pursuant to subsection (b) of Section 17.30.010 requiring production of a tenant habitability plan based on a finding of a material change in the scope or impact of the work;

(3) The Director's determination pursuant to subsection (b) of Section 17.30.030 denying a tenant habitability plan;

(4) The Director's determination pursuant to subsection (d) of Section 17.30.030 finding that an approved tenant habitability plan fails to adequately mitigate impacts to tenants, or that the scope of a project has changed such that its impacts are no longer adequately mitigated by an existing plan; or

(5) The Director's determination pursuant to subsection (b) of Section 17.30.070 ordering work stopped.

(b) Any appeal pursuant to subsection (a) of this section shall be filed within ten business days of the date of the Director's determination.

(c) The Director's determination may be appealed on the grounds that it is clearly in error or constitutes an abuse of discretion.

(d) The appeal shall be heard by a hearing examiner within thirty calendar days of the filing of the appeal and shall be conducted in accordance with the procedures and principles set forth in Sections 60075 through 60088 of the Rent Stabilization Regulations, except that the hearing examiner shall make their written decision within thirty days of the close of the hearing.

(Ord. 21-1155 § 4, 2021)

(a) Any landlord who violates any of the provisions of this chapter or who does not correct violations in compliance with the requirements of this chapter is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation.

(b) The Director or their designee may order work stopped if a landlord has failed to comply with any provision of this chapter or the terms of an approved tenant habitability plan and may prohibit that work recommence until: (i) the landlord comes into compliance with this chapter; (ii) the landlord comes into compliance with the terms of an approved tenant habitability plan; or (iii) the landlord obtains approval of a revised tenant habitability plan as required by Section 17.30.030(d).

(c) The penalties provided herein shall not be deemed to preclude any other remedy which may be available under any provision of law.

(Ord. 18-1047 § 10, 2018; Ord. 21-1155 § 4, 2021)