Westlake Village Municipal Code Ch. 6.6 Rent Regulation

This Chapter shall be known as the Rent Stabilization Ordinance of the City of Westlake Village.

(Ord. No. 22, Amended, 6/23/82; Ord. No. 73, Amended, 9/09/87; Ord. No. 78, Amended, 1/13/88)

For the purposes of this Chapter, the following words, terms, and phrases shall be defined as follows:

A. "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 the Los Angeles-Long Beach-Anaheim Metropolitan Area.

B. "Landlord" shall mean a person who receives or is entitled to receive rent for the use or occupancy of a rental unit or an agent or representative authorized to act on such person's behalf in connection with such rental unit.

C. "Mobilehome" shall mean a vehicle designed, intended, or used for human habitation and located within a mobilehome park.

D. "Mobilehome Park" shall mean any area of land within the City of Westlake Village where two or more mobilehome spaces are rented, held out for rent, or used to accommodate mobilehomes.

E. "Mobilehome Space" shall mean the site within a mobilehome park designed, intended, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith.

F. "Rent" shall mean the consideration paid for the use or occupancy of a rental unit.

G. "Rental Units" shall mean mobilehome spaces rented or offered for rent for human habitation in the City and which were subject to Ordinance No. 22 of the City of Westlake Village.

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

I. "Tenant" shall mean a person who has a tenancy.

(Ord. No. 22, Amended, 6/23/82; Ord. No. 73, Amended, 9/09/87; Ord. No. 78, Amended, 1/13/88)

A. Except as hereinafter provided, a landlord shall not demand, accept, or retain rent for a rental unit exceeding the rent in effect for such unit on July 1, 1987.

B. Notwithstanding the provision of subsection A of this Section, the maximum rent established by said subsection may be increased once annually commencing July 1, 1988 by an amount not exceeding 10% of the rent then in effect, July 1, 1989 by an amount not exceeding 12.5% of the rent then in effect and July 1, 1990 and each July 1 thereafter by an amount not exceeding 15% of the rent then in effect, until such rent equals the "market rent" as defined hereinbelow. Thereafter, the rent may be increased once annually by an amount equal to 100% of the Consumer Price Index for the preceding twelve (12) months. For the purposes of this paragraph "market rent" shall mean the rental amount that would be agreed to by a landlord being willing to lease or rent but under no obligation or necessity to do so, and a tenant being ready, willing, and able to rent or lease but under no particular necessity to do so, each dealing with the other with full knowledge and in the absence of legal restraint on rents. If the landlord and tenant cannot agree on the amount of market rent for a particular space, it shall be determined by an independent appraiser selected by the City acceptable to and at the expense of both parties, or through an arbitration process included in any lease or rental agreement between the parties.

C. As of the date mobilehome spaces in a mobilehome park are first offered for sale or November 1, 1988, whichever date is sooner, the provisions of this Chapter shall no longer apply to a mobilehome space following lawful termination of a tenancy by sale or other transfer of ownership of a mobilehome in place, removal of a mobilehome, lawful eviction, or otherwise.

(Ord. No. 22, Amended, 6/23/82; Ord. No. 73, Amended, 9/09/87; Ord. No. 78, Amended, 1/13/88)

A. A tenancy subject to the Mobilehome Residency Law (Civil Code Sections 798.-799.6) shall not be terminated nor shall its renewal be refused except for one or more of the reasons and pursuant to the procedures set forth therein.

B. A tenancy which is not subject to the provisions of the Mobilehome Residency Law shall not be terminated nor shall its renewal be refused, except for one or more of the following reasons:

1. Failure of the tenant to comply with a local ordinance or State law or regulation relating to mobilehomes within a reasonable time after the tenant receives a notice of noncompliance from the appropriate governmental agency.

2. Conduct by the tenant, upon the mobilehome park premises, which constitutes a substantial annoyance to other tenants.

3. Failure of the tenant to comply with reasonable rule or regulation of the mobilehome park. No act or omission of the tenant shall constitute such a failure to comply unless and until the landlord has given the tenant written notice of the alleged rule or regulation violation and the tenant has failed to adhere to the rule or regulation within seven (7) days.

4. Nonpayment or rent, utility charges, or reasonable incidental service charges.

5. Condemnation of the mobilehome park.

6. Change of Use of the Mobilehome Park, provided that the landlord complies with all the provisions of the Mobilehome Residency Law concerning termination upon a change in the use of the mobilehome park.

C. Notice of termination or refusal to renew a tenancy not subject to the Mobilehome Residency Law must be given in writing in the manner prescribed by Section 1162 of the Code of Civil Procedure at least (60) days prior to the termination date of the tenancy. Said notice shall state the date the tenancy terminates, the reason for the termination or refusal to renew, and the specific facts upon which the owner is relying.

D. If the dominant intent of the landlord in terminating a tenancy or refusing to renew a tenancy is retaliation against the tenant for exercising his or her rights under this Chapter, and if the tenant is not in default as to the payment of rent, the landlord may not terminate the tenancy or refuse to renew the tenancy or cause the tenant to quit involuntarily.

E. A landlord may not rely on the violation of a covenant or obligation of a tenancy as grounds for terminating a tenancy or refusing to renew a tenancy unless the landlord has provided the tenant with a written statement of the respective covenants and obligations of both the landlord and tenant prior to such alleged violation. Furthermore, such statement must have set forth the particular covenant or obligation subsequently alleged to have been violated.

F. In any action by a landlord to recover possession of a rental unit, the tenant may raise as a defense any of the grounds set forth in subsections B and C of this Section.

(Ord. No. 22, Amended, 6/23/82; Ord. No. 73, Amended, 9/09/87; Ord. No. 78, Amended, 1/13/88)