3. Persons who have been displaced by removal of the unit from the rental market
4. Households that are rent - burdened, defined as rent being more than 50 percent of gross household income
5. People living in over - crowded quarters, defined as more than two persons per bedroom
6. Persons currently working within the City.
7. Households whose current rent significantly exceeds inclusionary rent and who have declined units on no more than one occasion.
PASSED, APPROVED AND ADOPTED by the City Council of the City of West Hollywood at a regular meeting held this
21St
day of July, 2008 by the
following vote:
AYES: Councilmember: Duran, Guarriello, Heilman, Mayor Pro Tempore Land, and Mayor Prang.
NOES: Councilmember: None.
ABSENT: Councilmember: None.
ABSTAIN: Councilmember: None.
a"%-" za
i EY P NG, M
ATTEST:
04_,THOMAS R.3 EST, CITY CLERK
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
ATTACHMENT I
Pasadena Local Preference and Priority System
Guidelines
1 PASADENA LOCAL PREFERENCE AND PRIORITY SYSTEM GUIDELINES (revised as of April 29, 2021)
(administrative modifications, April 29, 2021)
(amended by City Council, March 8, 2021)
(administrative modifications, March 11, 2016)
(original adoption by City Council, January 30, 2006)
To the extent permissible under applicable state and federal law, people who live and/or work in the city of Pasadena shall have priority over other persons to rent or purchase affordable and workforce housing units which are supported or sponsored by the City of Pasadena (the “City”), with the exception of those selected under the “Former Resident Set-Aside”. The Pasadena Local Preference and Priority System Guidelines presented herewith shall apply to all developers, owners and their agents, successors and assigns proposing affordable and/or workforce housing sponsored and/or supported by the City in whole or part.
1. PREFERENCES
The City shall henceforth utilize the following priority order whenever ownership or rental housing units are made available to applicants who are income eligible households:
a. First priority is given to eligible households that currently reside in deed-restricted affordable housing in Pasadena and who are considered “over-housed” (more than one bedroom per household member).
b. Second priority is given to eligible households who are former residents of the City of Pasadena, provided that the household maintained a primary in the City of Pasadena within the ten (10) years prior to application for affordable housing and that the household lived in the City of Pasadena for a minimum of five (5) years. This priority shall apply for up to twenty percent (20%) of the available units in any development that contains five (5) or more affordable housing. See Section 3/Former Residency for more information. This priority will expire when a total of fifty (50) affordable/workforce units throughout the City have been rented or sold to eligible households under this category.
c. Third priority is given to eligible households that reside and work within the City of Pasadena; d. Fourth priority is given to eligible households that reside within the City of Pasadena; e. Fifth priority is given to eligible households that work within the City of Pasadena; f. Sixth priority is given to eligible households that have been involuntarily displaced from the City of Pasadena;
2 (March 11, 2016, administrative modification) However, recognizing that affordable rental housing projects which serve the senior and special needs populations will have unique tenant selection requirements, local preference and priority polices for these types of projects are set forth in Attachments A and B.
2. OVER-HOUSED
a. Definition of Over-Housed. To qualify as an applicant who is over-housed, the applicant responsible for renting or purchasing the affordable or workforce unit must have their principal place of residency at an affordable deed-restricted unit within the City of Pasadena as of the date of application. The household must be considered over-housed, which is defined as a household when there is more than one bedroom per household member. Over-housed residents of affordable homeownership units are eligible for available rental units but not homeownership units (due to the first-time homebuyer requirements of City-covenanted affordable homeownership units). b. Developer/owner obligations. The developer/owner shall, with the City’s assistance, actively conduct marketing and outreach to households identified by the City as potentially eligible for this priority category.
3. FORMER RESIDENCY/FORMER RESIDENT SET-ASIDE (20% Set-Aside) a. Definition of Former Residency. To qualify as an applicant who is a former resident of the City of Pasadena, the applicant responsible for renting or purchasing the affordable or workforce unit must have had their principal place of residence within the City of Pasadena within the ten (10) years prior to the date of application. The applicant must have maintained a primary residence in Pasadena for a minimum of five (5) years.
b. Evidence of former residency. The developer/owner shall require the applicant to submit proof of former residency. Examples of acceptable forms of documentation include: DMV records, address history from a third-party credit report, federal tax returns, or fully executed lease agreements.
c. Prioritization within Former Set-Aside for multiple eligible applicants. Former residents who work in Pasadena shall receive priority, followed by those who had the longest documentable tenure in Pasadena.
d. Developer/owner obligations. The developer/owner shall confirm with the City that this set-aside is still active before renting or selling an affordable and/or workforce unit to an applicant who is eligible for the Former Resident Set-Aside. Should no qualified applicants apply who are eligible for the Former Resident Set-Aside, units shall be offered in order of the remaining priority categories.
4. RESIDENCY
a. Definition of residency. To qualify as an applicant who is a resident of the city of Pasadena, the applicant responsible for renting or purchasing the affordable or workforce housing unit must have their principal place of residence within the city of Pasadena as of the date of application. b. Evidence of residency. The developer/owner shall require the applicant to submit a driver’s license, voter registration, utility bill, or other evidence as proof of residency in Pasadena. 3 5. EMPLOYMENT
a. Definition of employment. To qualify as an applicant who is employed within the city of Pasadena, the applicant responsible for renting or purchasing the affordable or workforce housing unit must demonstrate that both of the following criteria have been met:
i. Location of Work. At least one of the signators of the tenant lease or purchase agreement for the applicant's household must be employed within the city of Pasadena as of the date of application. Work is defined for purposes of this section as owning or operating a business located within the city of Pasadena, employment for wages or salary for an employer located within the city of Pasadena, contract employment where the actual work is conducted within the city of Pasadena, or commission work where the applicant's principal location from which he/she worked is located within the city of Pasadena. ii. Hours of Work. At least one signators of the tenant lease or purchase agreement for the applicant's household must have been employed within the city of Pasadena an average of at least 20 hours per week as of the date of application. b. Evidence of employment. The developer/owner shall require applicants to submit pay stubs, W2 forms, tax returns, employer certification, or other evidence as proof of employment at a business location within the city of Pasadena.
6. INVOLUNTARY DISPLACEMENT
a. Definition of involuntary displacement. To qualify as an applicant who has been involuntarily displaced from the city of Pasadena, the applicant responsible for renting or purchasing the affordable or workforce housing unit must demonstrate that, by no fault of the applicant, one of the following criteria has been met including the submission of the appropriate documentation to the developer/owner as cited below:
i. Disaster or Government Action. Written verification by the displacing unit or agency of government, (i.e., HUD, City departments, etc.) or by a service agency such as the Red Cross.
ii. Termination of tenancy. Written notification by the property owner/agent to the applicant of the termination of the applicant tenancy for no fault (i.e., sales agreements, foreclosure notices, condominium conversion, building permits, etc.). iii. Domestic Violence. Written verification from police, social service agency, court, clergy person, physician, and/or public or private facility giving shelter and/or counseling to victims. iv. Witness Protection Program. Certification by a law enforcement agency of the applicant’s participation in the Witness Protection Program.
v. Hate Crimes. Written statement from law enforcement agency, HUD, Housing Rights Center or other agencies responsible for non-discrimination advocacy. Statement should contain approximate number of occurrences and date of last occurrence. vi. Inaccessibility of Unit. Statement from the property owner of the critical elements that are inaccessible, and that the owner is not going to make the needed modifications, or permit the family to make the modifications.
4 vii. Substandard Housing. Written verification from a reliable, knowledgeable professional familiar with residential construction and possessing skills and professional licenses and/or certifications consistent with those of a City of Pasadena Code Enforcement Officer. viii. Homelessness. Written verification by a public or private facility providing shelter, the police, or a social services agency certifying that the applicant lacks a fixed, regular, and adequate nighttime residence.
7. MARKETING AND SELECTION PLAN
The developer/owner and/or its agent shall affirmatively market the affordable and/or workforce housing units to ensure that all applicants, regardless of eligibility for the preference, are aware of the housing opportunity.
a. Marketing Plan. Prior to the developer/owner’s publication of the availability of affordable and/or workforce units, developer/owner shall prepare a Marketing Plan and Selection Plan for approval by the Director of the City’s Housing and Career Services Department (the “Housing Director”) for both attracting and selecting qualified applicants. Upon approval by the Housing Director the developer/owner shall be responsible for implementing the marketing plan. The marketing plan shall include the initial sales prices or rents of each unit, the preference and priority system and shall target advertising and marketing efforts within the city of Pasadena.
The City may request that the developer/owner conduct targeted marketing for the affordable and/or workforce units; Developer/owners shall agree to do so and shall draft Marketing Plan accordingly. The City may assist the developer/owner in the marketing of the affordable and workforce units to qualified applicants under any program that City may offer and may provide names of prospective qualified applicants to developer/owner. b. Notification to City. Whenever an affordable and/or workforce unit becomes available, the developer shall immediately notify, in writing, the Housing Director. c. Publication requirement. Whenever an affordable and/or workforce housing units becomes available during the first year after the receipt of a City certificate of occupancy, the developer/owner shall publish notices of the availability of the units in newspapers circulated widely in the City of Pasadena, including newspapers that reach minority communities. At least one notice shall be published in a Spanish language newspaper of general circulation.
Examples of appropriate newspapers include the Star News, Pasadena Weekly, Pasadena/San Gabriel Valley Journal and La Opinion. The notice should briefly explain what affordable and/or workforce housing is, state the applicable income requirements, indicate where applications are available, state when the application period opens and closes, and provide a telephone number for questions. The developer/owner shall submit proof of publication to the Housing Director. d. Applications. Applications may require the name, address, and telephone number of the applicant; the number of persons to occupy the household; basic demographic information, and any other information relevant to determine whether the applicant is eligible for local preferences and to occupy unit. The developer/owner may wish to include language on the application to the effect that the number of eligible applicants may exceed the number of available units and require that all applicants certify their understanding of this. The developer/owner agrees to provide the City with copies of applications upon request. 5 e. City notification requirements. The developer/owner shall list the affordable unit(s) at www.pasadenahousingsearch.com , an online housing search tool sponsored by the City. The developer/owner shall also conduct outreach to households identified by the City as potentially over-housed. Outreach may include mailers or other marketing materials. The owner/developer shall also provide the Housing Department with information that can be posted to its Facebook and web pages.
f. Selection Plan. Prior to the developer/owner’s acceptance of the first application for an affordable and/or workforce housing unit and no later than six months before issuance of a certificate of occupancy, the developer/owner shall prepare a Selection Plan for approval by the Housing Director which shall set forth the process for selection of qualified applicants. The Selection Plan shall contain, but is not limited to, the following information i. Unit Description. A brief description of the affordable and/or workforce unit(s) including the unit-mix, location, structure, size and whether the unit(s) is for ownership or rental. ii. Income Criteria. The eligible income range for rent or purchase affordable and/or workforce units.
iii. Priority System. The preference and priority system to be utilized by the developer/owner shall be based primarily on an applicant’s residence and employment location, with higher priority allocated to persons who are over-housed, meet the Former Resident set-aside, and/or live and/or work within the city of Pasadena.
iv. Application Submission. Description of the application requirements. The conditions by which interested parties must submit a completed application to the developer/owner, including form of application, the stipulated date and time for application, number of applications to be submitted, disqualifications, etc.
v. Selection Criteria. Explanation of the developer’s selection criteria and process based on the review of information submitted on the applications. Identification of corrective actions if a review of an application results in a determination that the City preferences assigned to the applicant was inaccurate.
8. DETERMINATION OF ELIGIBILITY
a. Verification of Preference. As part of the review process, applicants will be contacted directly to provide verification of their residence, or former residence, and employment history and evidence supporting any of the preferences identified. For persons who are retired at the time of application, the applicant’s work history immediately prior to retirement can be considered. b. Verification of Income. The developer/owner of affordable and/or workforce housing units, which are offered for rent, sale, or lease, shall require the applicant to provide proof that he/she meets the occupancy and income criteria set forth by the applicable City program(s).
9. PRIORITY RANKING; SELECTION OF QUALIFIED APPLICANT
a. Priority System. The priority order for categories are as follows:
i. Applicant where at least one of the signators of the tenant lease or purchase agreement is living in affordable deed-restricted housing in Pasadena and is “over-housed”. 6 ii. Applicant where at least one of the signators of the tenant lease or purchase agreement is a former Pasadena resident eligible under the “Former Resident Set-Aside”. iii. Applicant where at least one of the signators of the tenant lease or purchase agreement is a Pasadena resident and employed within the city of Pasadena at the time of application. iv. Applicant where at least one of the signators of the tenant lease or purchase agreement is a Pasadena resident at the time of application.
v. Applicant where at least one of the signators of the tenant lease or purchase agreement is employed within the city of Pasadena at the time of application. vi. Applicant where at least one of the signators of the tenant lease or purchase agreement had been involuntarily displaced from the city of Pasadena at the time of application but had previously lived within the city of Pasadena.
vii. All other applicants.
b. Priority List. Applicants for affordable and/or workforce housing units shall be maintained on a priority list. Applicants shall be listed in order of total preferences. Applicants equal in preferences shall be prioritized by date and time of receipt of their applications. All applicants must meet income eligibility requirements as established for the applicable affordable and/or workforce housing units. Application materials shall make it clear that applicants must meet income eligibility and any occupancy requirements.
The priority list shall be utilized to select applicant for the sale or rent of available affordable and/or workforce housing units for one year after receipt of a City certificate of occupancy for the designated unit. For rental affordable and/or workforce units, developer/owner shall annually update the priority list in accord with the priority order. c. Applicant Selection. The developer/owner of affordable and/or workforce housing units is required to fill vacant units in either one of two ways:
i. Selecting Income-Eligible applicants themselves as long as the developer/owner complies with the local preferences and priority ranking system and publication requirements set forth herein. The following selection processes are permissible:
Selection from the Priority List in rank order, or
Lottery of the top candidates on Priority List.
ii. Selecting Income-Eligible applicants from the City/Commission’s Section 8 Housing Choice Voucher Waiting List, Supportive Housing Waiting List or Homeownership Waiting List available from the City’s Housing and Career Services Department. d. Unit Sale or Rental. The actual sale of a unit will be based on the ability of the qualified applicant(s) to meet applicable eligibility guidelines and/or obtain financing within a time frame established by the developer/owner. The actual rental of a unit will be based on the ability of the qualified applicant(s) to meet applicable eligibility guidelines and/or meet the developer/owner’s leasing requirements, which may include a minimum credit score, past payment history, and current monthly debt load. For either rental or ownership units, the developer/owner will use the 7 same reasonable industry standards to determine ability to rent or purchase as are used for any non-affordable unit tenants or buyers.
10. COMPLIANCE MONITORING
a. Compliance Report. The developer/owner shall provide a written compliance report to the Housing Director upon selection of the qualified applicants. The report shall include, but is not limited to, the following information.
i. Summary of Selection Process including the Marketing and Selection Plan; and ii. Name, Address, Telephone and Preference Category and Ranking of Selected Applicant(s) iii. Demographic information collected about selected applicants. The Housing Department does not require this information for applicants who were not selected. b. Certification of compliance. The developer/owner of affordable and/or workforce units shall certify the local preferences awarded to applicants were consistent with these guidelines. A certification form approved by the City shall be completed and submitted with the Compliance Report.
c. Record Retention. The developer/owner shall retain records of the evidence and documents utilized to select applicant(s) for the sale or rent of available affordable and/or workforce housing units in accordance with these guidelines for two year after the date of occupancy by the first applicant.
d. Compliance monitoring. City shall monitor the developer/owner’s compliance with these guidelines which may include an on-site monitoring visit to review the developer/owner’s records, interviews with selected applicant(s), and/or other methods deemed appropriate.
11. PENALTIES FOR NON-COMPLIANCE
a. Notice of Non-compliance. Except as otherwise provided herein, if it is determined that a violation of these guidelines has occurred, the Housing Director shall issue a notice of noncompliance and require the developer, owner or tenant (as applicable) to cure the violation within 30 days, unless a different period is provided at the Housing Director’s discretion. b. Monetary Penalty. Any party who sells or rents an affordable and/or workforce housing unit in violation of these guidelines shall be required to forfeit all monetary amounts so obtained.
Recovered funds shall be deposited into the City’s Housing Fund. c. Litigation. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with these guidelines, including but not limited to: (1) actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) actions for injunctive relief or damages. d. Legal Costs. In any action to enforce these guidelines, the City shall be entitled to recover its reasonable attorney’s fees and costs.
8 Attachment “A”
SENIOR HOUSING PROJECTS
TENANT SELECTION PROCESS (initial lease-up)
1) All applications received by the established deadline will be sorted into one of five Priority Groups, using the Tenant Selection Criteria shown below:
Tenant Selection Criteria* Priority Group
Resides and works in Pasadena First
Resides (but does not work) in Pasadena Second
Works (but does not reside) in Pasadena Third
Involuntarily displaced Fourth
All other applicants Fifth
Per the City’s Local Preference and Priority Guidelines 2) Within each of the five Priority Groups, applications will be assigned a random Draw Number.
3) Developer will pull and screen applications, from the First Priority Group, in descending Draw Number order.
4) Applications that pass the Developer’s screening process will be forwarded to the City’s Housing Department for determination of income eligibility. 5) Applicants that are determined to be income-eligible will be notified by Developer and offered the opportunity to enter into a tenant rental contract. 6) If additional applications are needed after all applications from the First Priority Group have been screened, Steps #3 through #5 will be repeated for the Second, Third, Fourth and Fifth Priority Groups. 9 Attachment “B”
PERMANENT SUPPORTIVE HOUSING (PSH) PROJECTS
TENANT SELECTION PROCESS (initial lease-up)
1) All applications received by the established deadline will be sorted into one of five Priority Groups, using the Tenant Selection Criteria shown below:
Tenant Selection Criteria* Priority Group
Became homeless in Pasadena and staying on Pasadena
streets, in a Pasadena shelter/homeless housing program, or placed in short-term housing/shelter outside of Pasadena First
Became homeless outside of Pasadena, but employed or in school full-time in Pasadena or receiving supportive services from a Pasadena-based provider, and staying on Pasadena streets or living in Pasadena shelter/homeless housing program Second
Became homeless elsewhere and staying on Pasadena streets or living in Pasadena shelter/homeless housing program
Third
Became homeless elsewhere, currently homeless elsewhere, either streets or short-term housing
Fourth
All other applicants Fifth
Per the City’s Local Preference and PSH Priority Guidelines 2) Within each of the five Priority Groups, applications will be prioritized based on the City’s PSH Prioritization Guidelines.
Order of Priority for PSH Vacancies
Order of
Priority
Chronically
Homeless
Severe
Service
Needs
Other Requirement
1 yes yes at least 12 mos. continuous or at least 12 months cumulative across 4 episodes in 3 years
2 yes yes Less than 12 months cumulative across 4 episodes in 3 years 3 yes no At least 12 months continuous or at least 12 months cumulative across 4 episodes in 3 years
4 yes no Less than 12 months cumulative across 4 episodes in 3 years 5 yes no none
When no chronically homeless persons can be identified to fill a PSH vacancy, the CES/HFSS will fill vacancies according to the priorities listed below. 10 Order of Priority if no Chronically Homeless referrals are received Order of
Priority
Chronically
Homeless
Severe
Service
Needs
Other Requirement
1 no yes Coming from streets, safe haven, or emergency shelter. 2 no no shelter Coming from the streets, safe haven, or emergency shelter PLUS at least 6 months continuously homeless or at least 3 occasions in 3 years
3 no no Coming from the streets, safe haven, or emergency shelter 4 no no Coming from transitional housing (first came from streets, safe haven, emergency shelter)
3) Within the prioritized local preference groups, equally prioritized applications will be assigned a random Draw Number.
4) Developer will pull and screen applications, from the First Priority Group, per descending Draw Number order.
5) Applications that pass the Developer’s screening process will be forwarded to the City’s Housing Department for determination of income eligibility. 6) Applicants that are determined to be income-eligible will be notified by Developer and offered the opportunity to enter into a tenant rental contract. 7) If additional applications are needed after all applications from the First Priority Group have been screened, Steps #3 through #5 will be repeated for the Second, Third, Fourth and Fifth Priority Groups.
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
ATTACHMENT J
Santa Monica Below Market Housing User Guide for
Applicants
1 City of Santa Monica
Below Market Housing (BMH) Portal
Referral User Guide
for Applicants
Rev: 08/22
2 Table of Contents
Below Market Housing Process Overview ……………………………………………….…… 3-5 Step 1: Account Registration ………………………………………………………………………………… 6-8 Step 2: User Profile and Waitlist Sign-Up …………………………………………….………… 9-14 Matching Process …………………………………………………..……………………………………………… 15-17 Email Opt-ins for New Vacancies …………..……………………………………………………… 18-19 Waitlist Statuses ………………………………………………………………………………………………….………. 20 Strikes ………………………………………………………………………………………………………………………………… 21 How to Reset Your Password ………………………………………………….…………………….. 22-23 User Profile and Waitlist Application Updates ……………..………………………… 24-25 Frequently Asked Questions …………………………………………..……………………………… 26-27 Below Market Housing Process Overview
Applicant submits
BMH application
• Two-step process via santamonicahousing.org:
o Step 1) Account registration
o Step 2) Application submission
• Applicants must complete both steps to be added onto the waitlist.
City reviews or
accepts application
• City will review uploaded documentation for applications that claim the Santa Monica live/work priority.
• City will contact applicants if there is an issue with an application (via comment feature).
• Applications that do not claim the Santa Monica live/work priority will be automatically screened and accepted.
City assigns priority
for each
• Tier 1 Priority:
o Ellis Act, owner-occupancy, or removal permit eviction o Earthquake, fire, flood, or other natural disaster
o Funding reductions in Santa Monica housing voucher assistance programs o Governmental Action, such as Code enforcement
o Closure of a mobile home park
• Tier 2 Priority:
o Residents of Santa Monica
o Persons who work in Santa Monica at least 25 hrs/week • Tier 3 Priority:
o By the date and time the application was received
• Households who indicate a need for apartments with accessibility features are in priority #1. 4 Property has new
vacancy
• Many property owners (non-profit and market rate) with affordable apartments in Santa Monica are required to fill their vacancies from the City's BMH Waitlist. • These properties submit a referral request to the City when they have a vacancy.
City reviews and
approves referral
request
• Property owners are not involved in the review/approval process. • Once the property owner's referral request is approved, the system automatically screens all applications to make sure only applicants that meet the household size and income requirements are referred.
• The City system automatically sends emails to applicants that match the household size and income requirements of the vacancy.
• Applicants must opt-in to be considered for an apartment. • Opt-in emails are sent out in waitlist order. Property owners do not have input on who receives an Applicants receive opt-in email.
opt-in email
5 OR
• The property owner is provided with a list of the top 10 applicants that opted-in for that vacancy one batch of 10 at a time until apartment is leased.
• Property owners call and email applicants who have opted-in in waitlist order with an invitation to apply for the vacant apartment.
• Property owners cannot consider "walk up" applicants and individuals not on the active list of opted-in applicants provided by the City for that vacancy. Property owner contacts applicants who opted-in
Applicant applies
and leases the
apartment
• Applicant submits application to property owner to verify eligibility/approve their application.
• Each property has their own unique application process. • The City is not involved with the property's
application/leasing process and cannot provide updates
on an applicant's status in the leasing process.
• Applicants not offered the vacancy remain on the waitlist. • Applicants offered the vacancy receive a strike and
remain on the waitlist (unless they have reached the
maximum number of strikes).
Applicant applies
and is not
offered/declines
the apartment
Applicant is
removed from
waitlist
• The applicant that moves into the apartment is removed from the waitlist.
• Property owners provide an outcome for all referrals and strikes are issued.
• Individuals must re-apply to the BMH waitlist if they would like to be considered for future housing opportunities. • Applicants continue to receive opt-in emails via the
Applicant matching process and need to opt-in for future vacancies. remains on the
waitlist
6 STEP 1: Account Registration
How to Create an Account
To apply for the Below Market Housing waitlist, applicants must first create an account.
1. Go to santamonicahousing.org (do NOT put www. in front of the URL) and click on the WAIT LIST SIGN UP button.
2. Enter your first and last name, valid email, and password of your choosing.
The password must be at least 6 characters long. This email address is where you will confirm your registration and receive vacancy notifications so make sure you (or a person you choose) can monitor the inbox. Click REGISTER when all the fields have been entered.
7 3. Once you click register, an email will be sent to the email address you entered. Click GO TO MY ACCOUNT / IR A MI CUENTA to complete your waitlist application.
**NOTE: Registering for an account does not mean you are on the waitlist.
You MUST login and fill out an application.**
4. A new window will open with the login page. Enter your email and password and click LOGIN.
8 **Note: After you create an account, you can bypass registration and click LOGIN in the future or EXISTING USER LOGIN.**
9 STEP 2: User Profile and Waitlist Sign-Up
1. After registering for your BMH account, the next step is completing your user profile and waitlist application. Go to santamonicahousing.org (do NOT put www. in front of the URL), and log into your account.
2. Once you login, the first screen you will see is your user profile. You must complete your user profile first. Enter your phone number, current address, and birthday. When you are done, click UPDATE PROFILE.
3. Then, click on the DASHBOARD option on the left menu, and click on STEP 2) CREATE APPLICATION / PASO 2) CREAR SOLICITUD.
4. 5. Now, it is time to fill out your waitlist application. You must fill out all the fields marked with an asterisk*. You can click on the question mark for Spanish.
See the notes below for more details.
Make sure to select one (or more) of these boxes if
you need an apartment with accessible features.
10 • The household size is # of people
will be living in the apartment (it
can be different than your current
household size).
• Your total income is the number
BEFORE taxes
• If you live or work in Santa Monica,
select “Yes.” You must attach one
of the following documents:
o Live = utility bill, copy of current
lease
o Work = pay stub, employment
verification letter (if parent
company is not located in
Santa Monica, attach a dated
letter from company
management stating the
number of hours worked and
address of employment
• If you have a housing voucher,
make sure to click “Yes” and enter
the voucher bedroom size.
Nothing to do here! This is
automatically populated from
your user profile after electronic
signature.
Select your name in the drop
down to electronically sign your
application.
Click CREATE to SUBMIT your application.
Click SAVE if you want to submit your application at a
later time. Your application will not be submitted until you click Create Wait List Application.
(Restricted) does not mean
anything. It is the system
configuration and has nothing to
do with your application.
11 **IMPORTANT**
You must put your GROSS INCOME on your BMH application. GROSS INCOME is your total income BEFORE TAXES AND DEDUCTIONS. If you are a 1099 employee, you do not get taxes taken out so you would enter the same number as your 1099 tax form. If you are a W-2 employee, you would enter your annual salary based on your pay rate.
You must put the number of people that will be living in the apartment as your HOUSEHOLD SIZE. The household size number can be different than your current household size. (i.e., you currently live by yourself but are looking for a BMH apartment for both you and your partner. You would enter two (2) as the household size).
Your application will be matched with vacancies based on the income and household size listed on the application, so you need to provide accurate and current information. If you are matched with a vacancy and your actual income or household size causes you to be ineligible for that vacancy, then your application will receive a strike.
6. After you fill out the required fields, click CREATE WAIT LIST APPLICATION to submit your application. Double check if you listed your household’s annual gross income (income before taxes), and click YES, SUBMIT.
7. After you submit your application, you will see your dashboard. You will see a notification at the top saying your application was successfully created, and your application will be on your dashboard with a status of “Pending City Review” or “Accepted Non-SM” (if you did not claim to live or work in Santa Monica.”
12 The waitlist order applications are organized into tiers based on the following tiers*:
*Tier 1:
• Ellis Act, owner-occupancy, or removal permit eviction • Earthquake, fire, flood, or other natural disaster
• Funding reductions in Santa Monica housing voucher assistance programs • Governmental Action, such as Code enforcement
• Closure of a mobile home park
Tier 2:
• Residents of Santa Monica
• Persons who work in Santa Monica at least 25 hrs/week Tier 3:
• By the date and time the application was received
*Applicants who indicate they need an apartment with accessible features will receive priority for apartments with accessible features.
Application Submission Issues
After you submit your waitlist application, City staff reviews and accepts your waitlist applicant. If there are questions about your application, City staff will contact you directly using the comment function.
1. If City staff added a comment to your application, you will receive an email notification with the subject “City of Santa Monica: Attention Needed! - Housing Waitlist Application | ¡Se requiere de su atención! - Solicitud para estar en la lista de espera de Vivienda.”
You must log into your account and update your application. Click on the link in the email. It will take you directly to your waitlist application.
This is the
comment.
Click here to go
to and update
your application.
13 2. Your application status will be MORE INFO REQUESTED. You can click on SUBMIT REQUESTED INFO to address the comment.
3. Depending on the comment, you have two response options. • If your comment is requesting verification documents, click ADD ADDITIONAL VERIFICATION DOCUMENTS.
• If you have a question or issue with the comment, click ADD APPLICATION COMMENTS.
4. If you need to upload a new document, ensure you click SUBMIT REQUESTED INFO at the top of the page after you added the document.
5. City staff will re-review your application and communicate with you via the comment function until your application is accepted.
14 Live/Work Applicants
If you answered “Yes” to the live/work questions on the application, you will not receive the Tier 2 priority until verification documents are uploaded and deemed sufficient. City staff reviews the documentation verifies Santa Monica residency or employment in Santa Monica of 25 hours or more per week. Review the list below for the acceptable documents:
• Live = utility bill, copy of current lease
• Work = pay stub, employment verification letter (if parent company is not located in Santa Monica, attach a dated letter from company management stating the number of hours worked and address of employment) 15 Matching Process
When there is a vacancy, the system automatically goes through a screening called the “matching process,” with every waitlist application. The “matching process” is driven by an applicant’s gross income and household size and whether it matches with the requirements of the specific vacancy.
Review the definitions and steps below to understand the process.
Definitions:
• Income level: Each apartment has a set income level, meaning the apartment must be affordable to households at that set income level. The various income levels are 30%, 40%, 50%, 60%, 80%, 100%, and 120% of the area median income of Los Angeles. The income level of an apartment does not change once set. • Maximum Allowable Income: Each income level has a maximum allowable household income that adjusts to the size of the household. An apartment can only be rented to applicants whose total income is at or below the maximum for their household size.
• Maximum Allowable Rent: The set income level and bedroom size of an apartment determines the maximum amount a property owner can charge for rent.
1. A property has a new vacancy available, and the City approved the property’s referral request.
2. The BMH system automatically screens every application on the waitlist. The system compares every application's household size with an apartment's bedroom size to make sure the apartment is the right size for the applicant's household.
3. For applicants that fit the apartment size, the system checks each applicant's income against the maximum income limits based on the Housing and Urban Development's (Federal Agency) or Housing and Community Development's (State Agency) income limits. New income limits are published every year. Only applications that meet the minimum and maximum income requirements for the vacancy are matched. If an application has a voucher the purchasing power of the voucher overrides the household income.
16 **Note** The system uses a formula based on "Area Median Income" to ensure affordability. Housing is considered "affordable" when it represents no more than 30% of a household's total income. The system applies a formula (Area Median Income x Income Level x Bedroom Adjustment x 30% / 12) that accounts for different income levels and bedroom sizes to calculate what the maximum rent for an apartment can be. Maximum allowable income and rent limit charts can be accessed on the City’s website.
4. Once an application is matched, the system will automatically generate emails with a description of the vacancy to eligible applicants to "opt-in." Applicants need to click the link in the email to confirm they are interested in moving onto the next step in the leasing process. If applicants are not interested in the apartment, they can click on one of the reasons provided. **Note** Opt-in emails are sent out in order of the waitlist in batches. Your application needs to be reached on the waitlist before you are matched. You will only receive an opt-in email a vacancy once you are reached on the waitlist.
Eligibility Examples (FOR EXAMPLE PURPOSES ONLY):
• A two bedroom apartment becomes available at an income level of 80%.
Using the income and rent limit chart below, all applications with household sizes from 2-5 with gross incomes from $76,250 to $102,950 are eligible for the vacancy.
Household Size Maximum
Allowable Income
2 $76,250
3 $85,800
4 $95,300
5 $102,950
• A 0 bedroom apartment (studio) becomes available at an income level of 60%. Using the income and rent limit chart below, all applications with household sizes from 1-2 with gross incomes from $50,100 to $64,400 are eligible for the vacancy.
Household Size Maximum
Allowable Income
1 $50,100
2 $57,200
3 $64,400
17 **IMPORTANT** The matching process is an automated process and uses the information provided on an applicant’s waitlist application. The City does not determine who is eligible and ineligible for an apartment during matching. Eligibility is determined through the property’s application process. The system matches applicants to all vacancies they are eligible for. This means an applicant can be matched to vacancies with different income levels and bedroom sizes at a property. This also means, multiple applicants are getting opt-in emails for one vacancy, and the City cannot opt applicants out of specific bedroom sizes. The BMH waitlist provides applicants with all potential options and then allows applicants to make the choice that best meets each applicant’s unique housing needs.
18 Email Opt-Ins for New Vacancies
When a vacancy becomes available, all households that meet the household size and income requirements will get an email to opt-in to confirm interest. You must opt-in to be considered for a BMH apartment.
**IMPORTANT** Please check your inbox regularly. While vacancy opportunities are emailed in waitlist order, you will lose your waitlist position if you do not opt-in within 3 days. You can still opt-in after 3 days, but you may miss an opportunity if your response is delayed. Emails may also go to your junk or spam folder, so make sure to check all folders and mark the City as a safe sender.
1. To opt-in, look for emails with the subject line “City of Santa Monica: Please Respond! Apartment Available | ¡Favor de responder! Departamento disponible.” Review the details of the vacancy and opt-in, if interested.
2. If you are interested in the apartment, click “Yes, I’m interested / Sí, me interesa.” If you are not interested in the apartment, click on one of the reasons listed.
Click this link if you
would like to apply
to the apartment.
Choose one of
these reasons if
you are not
interested.
Apartment details
19 **IMPORTANT** If you clicked “yes,” the property owner will contact you directly for next steps. If you clicked “no,” you will continue to receive emails when there are new vacancies that match your household size and income.
Property owners contact applicants based on the order of the waitlist. If you clicked “yes,” and the property owner does not contact you, it means they have not reached your name yet. Do not contact property owner directly or visit the property.
20 Waitlist Statuses
You can check the status of your waitlist application by clicking on STEP 3) VIEW
APPLICATION STATUS, UPDATE APPLICATION, OR COMPLETE A SAVED APPLICATION on your dashboard.
Your application status is indicated under “Waitlist App Status.” The “Waitlist App Status” column states the stage of your application.
Refer to the list below to learn what each status means:
• Pending City Review = Your application has been submitted and awaiting City review.
• More Info Required = The City has determined that your application is missing information and contacted you (via the comment feature) to submit more information.
• Approved = The City has approved your waitlist, and you are now on the waitlist.
• Incomplete = You started an application but did not submit it. • Accepted Non-SM = Your application has been accepted, and you did not indicate that you live or work in Santa Monica.
• Placed = You have executed a lease with a property and are no longer on the waitlist.
• Opt-Out = You self-selected to remove yourself from the waitlist. • Strike Out = Application received 5 strikes and you need to reapply.
Waitlist
Application
Update
21 Strikes
Waitlist applicants must abide by a “strike” policy to continue participation in the BMH waitlist. If an applicant receives five (5) strikes, they will be removed from the BMH waitlist and must reapply. Therefore, it is important to understand what will and will not result in a strike. The City has discretion on whether an applicant remains on the waitlist.
You will not get a strike if:
• You were not referred to an apartment, not contacted, or did not meet building/credit requirements.
• You were emailed about a vacancy but are not interested AND provided a reason as why (also called “opting out” of the vacancy).
You will get a strike if:
• You were emailed about a vacancy and opted in but did not:
o Respond to the property manager when they contacted you o Show up to your appointment
• You declined the apartment after it was offered to you • Your actual income was calculated by the property owner to be too high or low to meet the eligibility requirements of the apartment, which means your application is not up-to-date or accurate
• Your household size does not fit the apartment because your application is not up-to-date or accurate
Once an applicant executes a lease with a property, the applicant will be removed from the waitlist. An applicant must re-apply to the waitlist if interested in getting onto the waitlist again or moving.
22 Appendix
How to Reset Your Password
1. Go to santamonicahousing.org (do NOT put www. in front of the URL) and click on the EXISTING USER LOGIN button.
2. Click Forgot Password? and enter the email you used to register your account on the next screen. Click Send password reset instructions. **If you do not know your email, email [email protected] to confirm. Do NOT click “Wait List Sign Up” and register for another account.** 23 3. You will receive an email from [email protected] with the subject “Reset password instructions,” make sure you check your spam/junk email too! Click CHANGE MY PASSWORD, type in your new password, and click RESET PASSWORD. Once completed, proceed with logging into your account.
Appendix
User Profile Updates
24 User Profile and Waitlist Application Updates
If your user profile and application are not up-to-date, you may opt-in to a vacancy that you are not qualified for and continue receiving emails about vacancies you may not be interested in. The City recommends reviewing your application every three (3) months.
To update your user profile and application:
1. Go to santamonicahousing.org (do NOT put www. in front of the URL) and log into your account.
2. After you log in, you will see your user dashboard. Click on STEP 1) COMPLETE PROFILE to review and update your contact information. Click on STEP 3) VIEW APPLICATION STATUS, UPDATE APPLICATION, OR COMPLETE A SAVED APPLICATION to review and update your waitlist application (i.e., household size and gross income).
User Profile Update Waitlist Application Update
25 3. Click EDIT to review and update your waitlist application.
4. Now you are in your submitted waitlist application. Make changes directly in the boxes and click UPDATE WAIT LIST APPLICATION to save the changes or CANCEL if all the information is correct.
Review the
information to make
sure everything is upto-date. If something
is incorrect, go directly
into the box to make
the update.
If you no longer want
to be on the waitlist,
select “Yes” in the drop
down menu.
Click UPDATE to save your changes or
CANCEL if no changes were made.
26 Frequently Asked Questions (FAQ)
1. I received an email about a vacancy. What happens after I opt-in to an apartment? Why haven’t I heard from a landlord?
If you clicked “yes,” the property owner will contact you directly for next steps when your name is reached on the list. If you clicked “no,” you will still receive emails when an apartment becomes available that meets your household size and income. Not everyone who opts-in will be contacted by the property owner. The property owner starts at the top of the list and works down until the vacancy is filled, and the vacancy may be filled before you are reached.
2. I signed up for the waitlist months/years ago and have not been contacted about any vacancies. Why is this happening?
The City cannot provide an update on your waitlist position or when you will be contacted by a property owner. Vacancies are dependent on the housing market. Please continue to check your email so you can respond to housing opportunities. Your income and/or household size might not have matched with any of the vacancies that property owners have submitted. Your income might be too low or too high. Make sure you are checking the email account (including spam/junk mail) you used to originally sign up. If you signed up to an older list before May 1, 2020, you are not on the BMH waitlist and need to submit a new application.
3. I signed up for the Housing Choice Voucher (Section 8) Waitlist. Does this mean I’m on the BMH waitlist too?
No. The Section 8 waitlist and BMH waitlist are two separate programs with their own waitlists. You must sign up for both lists to be considered. Being on the Section 8 waitlist does not mean you are on the BMH waitlist and vice versa.
Additionally, being on the top of one waitlist does not mean you are on the top of the other waitlist.
4. I keep getting opt-in emails for bedroom sizes I do not want. What can I do to change that?
The system automatically matches applicants to all vacancies they are eligible for. This means you can be matched to vacancies that may not be your preference in bedroom size but are still eligible for. The City cannot opt applicants out of specific bedroom sizes. The BMH waitlist provides applicants 27 with all potential options and then allows applicants to make the choice that best meets each applicant’s unique housing needs.
5. Does the City lease apartments to me?
No, the City does not own any housing. The City manages the applicant waitlist and referral processes only. When a vacancy becomes available that meets an applicant’s household size and income, the system automatically generates opt-in emails for all eligible households. Once an applicant opts-in to a vacancy, the City is no longer involved and does not interfere with the leasing process.
Each property may have a different leasing process.
6. I need to change my income or family size.
Please log into your account and follow the steps in the “User Profile Updates” section of this guide on page 23.
7. I received an email that I need to provide more information. I attached and emailed the information to the City.
Each applicant is responsible for logging into the system and updating their application. The email you receive is automatically generated and replies are not monitored. Your waitlist application will remain in the “More Information Required” status until you upload the required information on your application.
Please see pages 11-12 “Application Submission Issues” for instructions.
8. I accidentally opted-out when I meant opt-in.
Please email [email protected] and state that you accidentally opted out of a vacancy. Make sure to include all the vacancy details in the optin email you received (you can copy and paste it into your email).
9. I’m getting an error message when I opt-in.
Please take a screenshot of the error message and email [email protected].
10. I believe I have been treated unfairly or discriminated against during the leasing process. What do I do?
The City does not oversee a property’s leasing process. If you believe you have been treated unfairly or discriminated against, please contact the City Attorney Office at 310-458-8336 or email [email protected].
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
ATTACHMENT K
Fair Housing Certification Training Manual –
Housing Rights Center
Fair Housing Training i
FAIR HOUSING
CERTIFICATION
TRAINING MANUAL
For Housing Industry Professionals
Presented by the Housing Rights Center
www.housingrightscenter.org
Fair Housing Training i
Table of Contents
Page
I. Introduction
A. Pre- and Post-Training Quiz 1
B. Los Angeles County Fair Housing Organizations 3
C. Summary of Services 4
II. Fair Housing Laws
A. Fair Housing Laws: A Capsule Summary 5
B. Overview of Selected Fair Housing Laws 6
C. Federal Laws 9
1. Civil Rights Act of 1866 9
2. Fair Housing Act (42 U.S.C. §§3601 et seq.) 10
D. State of California Laws 13
1. Fair Employment and Housing Act 13
2. Other California Laws 16
III. Practicing Fair Housing Opportunity
A. General Guidelines 20
B. Housing for Families with Children 21
1. Who’s Covered 21
2. Prohibited Practices 21
3. Lead Disclosure Requirements 23
4. Reasonable Occupancy Limits 24
5. Reasonable Regulation of Facilities 25
6. “Rules for Tenants with Minor Children” 27
C. People with Disabilities 29
1. Federal Fair Housing Act 29
2. Examples of Reasonable Accommodations and Modifications 34
3. § 504 of the Rehabilitation Act of 1973 35
D. Advertising Guidelines 37
E. Sexual Harassment 39
F. Hate Crime 41
VI. Fair Housing Scenarios: “What would you do?” 4
V. Fair Housing Organizations Contact and Service Area Information 49 Fair Housing Training 1
A. Pre- and Post-Training Quiz
Pre-Training Post Training
Answers Answers
1. Which of the following California laws relates to fair housing? a.
b.
c.
d.
Fair Employment and Housing Act a.
Unruh Civil Rights Act b.
Ralph Act c.
All of the above d.
2. In California, it is illegal to discriminate on the basis of:
a. Number of pets. a.
b. Bad credit. b.
c. Co-habitation. c.
d. Property destruction. d.
3. The tenant application and selection process must be:
a.
b.
c.
d.
Approved by the state agency regulating apartments. a.
Applied equally to all prospects. b.
In writing and available at all times. c.
Posted in the manager’s office. d.
4. When a tenant with a disability requests a reasonable modification, which of the following is true?
a.
b.
c.
d.
The tenant must provide a doctor’s note before
installing the modification. a.
The tenant must purchase liability insurance for
the modification. b.
A modification must be done in the most aesthetically
pleasing manner, to preserve the value of the property. c.
The tenant is responsible for the cost of the modification. d.
5. The following phrase would be lawful to put in a “For Rent” advertisement:
a. “Unit is not handicapped accessible.” a.
b. “Absolutely no smokers!!!!!” b.
c. “Perfect for a single professional or couple.” c.
d. “Tenant must have full-time employment.” d.
PRE POST
6. T/F T/F The property owner can be held liable for discrimination even if s/he hires a management company to handle all aspects of the rental business.
7. T/F T/F If an owner is trying to convert a building to “seniors only” it is permissible to advertise a preference for seniors.
Fair Housing Training 2
8. T/F T/F The owner may express a preference for females when renting a guest-house.
Fair Housing Training 3
9. T/F T/F You must accept rental applications from a prospective tenant, even if they do not speak English.
10. T/F T/F If a disabled tenant requests a reasonable accommodation, it is permissible to inquire as to the nature of her disability to determine if the request is reasonable.
11. T/F T/F If you waive your “no pets” policy for a disabled tenant, you must waive the “no-pets” policy for non-disabled tenants in the interest of fairness.
12. T/F T/F A landlord may refuse to rent to an applicant based on the applicant’s sexual orientation as long as the refusal is based on religious grounds.
13. T/F T/F You may issue a “Notice to Vacate” to a couple expecting a baby if their lease agreement specifically limits their tenancy to two adults.
14. T/F T/F Punitive damages and attorney’s fees are available to victims of housing discrimination.
15. T/F T/F Approximately 25% of Los Angelinos are renters.
16. T/F T/F You may not ask a tenant if they are a citizen of the United States.
17. T/F T/F If renting a unit on the second floor, you may advise families with young children to wait until a first floor unit becomes available, in the interest of safety.
18. T/F T/F It is permissible to set a “two person per two bedroom unit” occupancy rule, provided that this rule is applied to all tenants, not just those with children.
19. T/F T/F A landlord can refuse to rent to a convicted sex offender.
20. T/F T/F You may deny a disabled tenant’s request for a reasonable accommodation or modification if it imposes an administrative or financial burden.
21. law.
T/F T/F Federal fair housing law provides greater protection than California
22. claim.
T/F T/F An owner may evict a tenant for filing an unfounded discrimination
23. T/F T/F A building manager can be liable for sexual harassment even if he did not intend to intimidate, coerce or harass the tenant.
24. T/F T/F Children can be prohibited from playing in the common areas or swimming pool, if the prohibition is based on concerns for the children’s safety.
25. T/F T/F A landlord may be required to rescind or postpone an eviction proceeding against a tenant with mental illness even if that tenant is threatening the health or safety of others.
Fair Housing Training 4
B. Los Angeles County Fair Housing Organizations
Housing Rights Center
The Housing Rights Center (“HRC”) was founded in 1968, the same year Congress passed the Fair Housing Act. HRC has addressed the challenges of housing discrimination without interruption since that time and continues to expand and diversify its services and programs to meet the need and ever changing issue of fair housing. HRC’s mission is to actively support and promote freedom of residence through education, advocacy, and litigation, to the end that all persons have the opportunity to secure the housing they desire and can afford, without regard to their race, color, religion, gender, sexual orientation, national origin, familial status, marital status, disability, ancestry, age, source of income, immigration status, or other characteristics protected by law. HRC’s programs and services are free of charge. HRC can assist clients in different languages.
Fair Housing Foundation
Formed in 1964 the Fair Housing Foundation (FHF) advocates and encourages the existence and maintenance of multi-ethnic neighborhoods and promotes every person’s right to exercise unqualified free choice in their selection of housing. FHF has successfully conciliated thousands of cases for clients enabling them to maintain or obtain housing of their choice. FHF adamantly pursues unresolved cases through all legal remedies available.
FHF strongly believes in the importance of educating housing providers and has trained over 10,000 property owners on fair housing laws, policies and practices and their rights and responsibilities.
Fair Housing Council of San Fernando Valley
Founded in 1959 the Fair Housing Council of the San Fernando Valley (FHCSFV) is the oldest fair housing council in the western United States. The FHCSFV is a community based private, non-profit organization that was established to ensure equal access to housing for residents of the San Fernando Valley. In later years its scope of service was expanded to include providing fair housing services to communities in the outlying area of Los Angeles and Ventura Counties. The FHC/SFV seeks to eradicate housing discrimination and to take appropriate action in furtherance of ensuring equal housing opportunities for all. The council also engages in advocacy to ensure that underserved communities have access to banking, insurance and other financial services.
Fair Housing Training 5
C. Summary of Housing Rights Center’s Services
Element 1: Housing Discrimination Complaints
A. Identify potential fair housing violations
B. Investigate through testing, surveys, on-site visits, witness statements, and document review
C. Achieve optimum solution for complainant through conciliation, mediation, litigation, referral to a private attorney with continued investigation, or referral to a government agency with follow-up D. Audit for fair housing compliance
Element 2: Tenant/Landlord Counseling
A. Provide counseling to all callers on tenant and landlord rights and responsibilities under California law
B. Provide resource information, such as sample letters and civil code requirement summaries
C. Refer callers to cooperating agencies
Element 3: Community Outreach and Education
A. Give presentations to the public on fair housing rights and tenant/landlord rights and responsibilities
B. Conduct training sessions for managers, lenders, and realtors on fair housing requirements
C. Staff information tables at events, also provide direct counseling D. Conduct annual Fair Housing Month events in April, such as the countywide Housing Rights Summit
Element 4: Enforcement
A. Litigate housing discrimination complaints when appropriate Fair Housing Training 6
A. Fair Housing Laws: A Capsule Summary
Protected Classifications Prohibited Practices
Race
Color
FEDERAL Refusal to sell or rent housing
Refusal to negotiate for the sale or rental of
housing
National Origin
Disability
Religion
Sex
Familial Status
CALIFORNIA1
Marital Status
Ancestry
Medical Condition
Genetic Information
Citizenship
Primary Language
Source of Income
Sexual Orientation
Gender Identity/Expression
Age
Arbitrary Physical Characteristics
Immigration Status
Military or veteran status
LOS ANGELES CITY
Age
Age of Mobile homes
Student Status
HIV/AIDS
Saying that housing is unavailable when it is
available
Applying different terms or rules, such as
higher security deposits or restrictions on
swimming pools and common areas
Refusal to allow a disabled person to
make reasonable modifications to his or
her unit
Refusal to provide reasonable
accommodations to disabled
persons
Discrimination based on association
Discriminatory statements or
advertising
Threats, intimidation, harassment,
coercion
Steering homeseekers to a particular area
Otherwise making housing
unavailable
Retaliation
Fair Housing Training 7
1 California law protects all characteristics that
federal law protects.
Fair Housing Training 6
B. Overview of Selected Fair Housing Laws
Federal California
Statute Civil Rights Act of Civil Rights Act of 1968 Fair Employment and Unruh Civil Rights Act, 1866 Title VIII, as amended by Housing Act (Rumford (Civ. Code §51 et seq.) (42 USC §§ 1981, 1982) 1988 Fair Housing Act) (Gov. Code § 12955, Amendments Act (42 USC et seq.)
§ 3601 et seq.) “FEHA”
“Fair Housing Act” or
“FHA”
Coverage 42 USC § 1982: Grants all
citizens the same rights to
inherit, purchase, lease,
sell, hold, and convey real
and personal property as
white citizens. Prohibits racial
discrimination. By court
interpretation, the Act also
applies to non-whites other
than African Americans.
Prohibits discrimination in the
sale, rental, or negotiation for
sale or rental, of dwellings
based on race, color, religion,
sex, national origin, familial
status, physical/mental
handicap. Prohibits
blockbusting, steering, or
discrimination in financing.
Also prohibits retailiatory
actions against person seeking
to upohold rights under FHA.
Requires certain affirmative
accommodations for the
disabled.
Prohibits discrimination in the
sale, rental, lease,
negotiation, or financing of
housing based on race,
color, religion, sex,
marital status, familial
status, disability, national
origin, ancestry, sexual
orientation, gender
identify/expression, medical
condition, source of
income, primary language,
immigration status, or
military/veteran status.
Prohibits
retaliatory actions against
person seeking to uphold
rights under FEHA.
Prohibits refusal to
reasonably accommodate
a disabled person.
Prohibits discrimination by
business establishments
on the basis of race, color,
religion, sex, ancestry,
disability, national origin,
and some arbitrary
conduct. Business establishment
includes housing
accommodations – including
rental housing and sharedeconomy housing.
By court
interpretation, the Act also
applies to discrimination
based on age,
occupation, familial
status, and sexual
orientation.
business establishments
Fair Housing Training 7
Legal
Recourse
Private lawsuits. Private lawsuits or U.S. Dept.
of Justice (“DOJ”)
Administrative Complaint
with HUD. HUD has 100
days to investigate and
conciliate. If HUD finds
substantial discrimination and
its attempted conciliation
fails, it refers complaint to
Administrative Law Judge.
Either side may remove case
to U.S. District Court before
it is heard by the ALJ.
Aggrieved person can go
directly to court without first
filing with
HUD.
Private lawsuits or
Department of Fair
Employent and Housing
(“DFEH”) complaint.
DFEH has full power to
investigate and conciliate. If
the complaint is not resolved
within one year, DFEH can
file a lawsuit.
Aggrieved person may file
private suit without first filing
with DFEH.
Private lawsuits, suits by
Attorney General, District
Attorney, City Attorney, or
DFEH complaint.
Relief Injunctions,
compensatory and
punitive damages,
attorney’s fees where
appropriate.
In private suits, injunctions,
compensatory and punitive
damages,
attorney’s fees and costs
where appropriate. For
HUD, ALJ may impose
actual damages the aggreived
party, injunctive relief and
civil penalties up to $10,000
for first offense, $50,000 for
subsequent violations. In
suits by DOJ, court may
order actual damages for
aggreived parties, injunctive
relief and civil penalties up to
$50,000 for first violations,
$100,000 for subsequent.
Injunctions, actual damages,
punitive damages,
compensatory damages,
attorney’s fees, where
appropriate to prevailing
party in private action.
California Civil Code § 52
authorizes compensatory
damages, punitive damages
(up to three times actual
damages, but not less
than $4,000), and attorney’s
fees for private suit, and
injunctive relief in suit by AG
or other government attorney.
Fair Housing Training 8
Exclusions
and
Exemptions
Reaches racial
discrimination even in
private transactions.
Narrower than the federal
Fair Housing Act (Title
VIII) in that it deals only
with racial discrimination,
broader in that it applies to
property rather than
dwellings---therefore, unlike
the FHA, it applies to
owner-occupied four-unit
apartment buildings. Can
only by used by citizens.
Owner-occupied, multifamily rental dwellings with 4
units or less.
Single-family housing sold or
rented without the use of a
broker, if the owner does not
own more than three single
family homes at a time.
Allows religious organization
and private clubs to have
preference for members in
non- commercial lodging.
1988 amendments allow
landlords to refuse to rent to
persons convicted of
distributing or manufacturing
drugs.
Housing complexes intended
for older persons may bar
sales or rentals to families
with children if 100% of
residents are over 62, or 80%
or more units have at least
one tenant over 55 and the
complex adheres to policies
and procedures
demonstrating intent to
operate as housing for older
persons.
Owner-occupied housing
with no more than boarder.
Some non- commercial,
religious, fraternal, and
charitable housing.
Preference for same-sex
roommates in a shared
living situation.
Housing designated to meet
the physical and social needs
of senior citizens. Unruh Act
does not require alterations
of existing structures or
require commercial landlord
to provide higher degree of
care for blind or disabled
person.
Statute of
Limitations
Applicable state statute
governs: one year.
One year from date of injury
to file administrative
complaint with HUD, two
years to file private action.
One year from date of injury
to file complaint with DFEH,
two years to file private action
(which is tolled while with
DFEH).
One year from date of injury
to file a complaint with
DFEH, two years to file
private action (which is tolled
while with DFEH).
Fair Housing Training 9
C. Federal Laws
This section includes selected provisions of federal laws that protect fair housing rights.
The Civil Rights Act of 1866
Title 42 U. S. Code § 1982. Property rights of
citizens. All citizens of the United States shall have
the same right, in every State and Territory, as is
enjoyed by white citizens hereof to inherit purchase,
lease, sell, hold, and convey real and personal
property. [Act Apr. 9, 1866, Ch. 31, §1, 14, Stat.
27]
This law is more comprehensive than any other
statute, because it covers all land or real property
transactions. But it is limited in that it only applies to race discrimination.
Fair Housing Training 10
The Fair Housing Act,
Section 3602. Definitions
* * *
(b) ‘’Dwelling’’ means any building, structure, or
portion thereof which is occupied as, or designed or
intended for occupancy as, a residence by one or
more families, and any vacant land which is offered
for sale or lease for the construction or location
thereon of any such building, structure, or portion
thereof.
* * *
(h) ''Handicap'' means, with respect to a person
(1) a physical or mental impairment which
substantially limits1 one or more of such person's
major life activities,
(2) a record of having such an impairment,
or
(3) being regarded as having such an
impairment, but such term does not include current,
illegal use of or addiction to a controlled substance
(as defined in section 802 of title 21).
* * *
(k) ''Familial status'' means one or more
individuals (who have not attained the age of 18
years) being domiciled with -
(1) a parent or another person having legal
custody of such individual or individuals;
or
(2) the designee of such parent or other
person having such custody, with the written
permission of such parent or other person.
The protections afforded against
discrimination on the basis of familial status shall
apply to any person who is pregnant or is in the
process of securing legal custody of any individual
who has not attained the age of 18 years.
* * *
(n) ''Respondent'' means -
(1) the person or other entity accused in a
complaint of an unfair housing practice; and
(2) any other person or entity identified in
the course of investigation and notified as required
with respect to respondents so identified under
section 3610(a) of this title.
Note: “dwelling” includes all portions of the rental
premises. This includes garages, pools, laundry
facilities, etc.
Major life activities are functions like walking,
talking, seeing, caring for one’s self, and interacting with other people. A very broad range of impairments
can meet the definition of handicap.
The term “substantially limits” suggests that the
limitation is significant or “to a large degree”
Items (2) and (3) include people who do not actually
have such an impairment, but were perhaps
misdiagnosed or are treated as being impaired.
This provision grants protection to families with
children from the prohibited practices listed below.
Note that the adults need only have legal
guardianship of the minors. Foster parents are
protected. Parents who share custody of a child are
also protected.
Sometimes a landlord will try to evict a couple if
they are expecting a child. The couple need not
wait for the birth of the child to have an actionable
claim. Rather, the threat or issuance of a notice to
quit on the basis of the pregnancy is itself a
violation of the Act.
Owners, management companies, and agents are all
potential defendants. The owners of an apartment
building are ultimately responsible for the acts of
their agents. Because the Act imposes a nondelegable duty upon owners of rental premises, owners are vicariously liable for their agents’
discriminatory conduct. Owners are liable under
the Fair Housing Act even if they had no knowledge
of or did not consent to their agents’ discriminatory
conduct. Walker v. Crigler, 976 F.2d 900, 904-05
(4th Cir. 1992). Management companies are liable
for the acts of their agents under general principles
of agency. The agents themselves are liable for
their discriminatory acts even if they were merely
following the direction of their superiors. HUD v.
Properties Unlimited, FH-FL ¶25,009 at p. 25,154
Fair Housing Training 11
Section 3604. Discrimination in the sale or rental
of housing and other prohibited practices
As made applicable by section 3603 of this title
and except as exempted by sections 3603(b) and
3607 of this title, it shall be unlawful –
(a) To refuse to sell or rent after the making of a
bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny,
a dwelling to any person because of race, color,
religion, sex, familial status, or national origin.
(b) To discriminate against any person in the terms,
conditions, or privileges of sale or rental of a
dwelling, or in the provision of services or facilities in connection therewith, because of race, color,
religion, sex, familial status, or national origin.
(c) To make, print, or publish, or cause to be made,
printed, or published any notice, statement, or
advertisement, with respect to the sale or rental of a
dwelling that indicates any preference, limitation, or
discrimination based on race, color, religion, sex,
handicap, familial status, or national origin, or an
intention to make any such preference, limitation, or
discrimination.
(d) To represent to any person because of race,
color, religion, sex, handicap, familial status, or
national origin that any dwelling is not available for
inspection, sale, or rental when such dwelling is in
fact so available.
(e) For profit, to induce or attempt to induce any
person to sell or rent any dwelling by
representations regarding the entry or prospective
entry into the neighborhood of a person or persons
of a particular race, color, religion, sex, handicap,
familial status, or national origin.
(f)(1) To discriminate in the sale or rental, or to
otherwise make unavailable or deny, a dwelling to
any buyer or renter because of a handicap of –
(A) that buyer or renter,
(B) a person residing in or intending to
reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that buyer
or renter.
(2) To discriminate against any person in the
terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a
handicap of –
(A) that person; or
(B) a person residing in or intending to
reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination
includes –
(A) a refusal to permit, at the expense of
This list is meant to capture all aspects of the housing transaction and is therefore not exhaustive.
(c) includes: advertisements solely in a non-English
language, Christian fish symbol, gay pride flag, etc.
(e) refers to “blockbusting”
The catch phrase “otherwise make unavailable or
deny” captures any other action not listed above.
Thus, anything that limits the housing choices of
people based on protected characteristics violates
the Fair Housing Act, which may include
intimidation and constructive eviction.
People with disabilities, people who live with a
disabled person, and people who associate with a
disabled person are granted the same housing rights
as the other protected classifications
Note: the tenant must pay for physical changes to the
property and if reasonable, pay to restore the
property to its original condition.
Fair Housing Training 12
the handicapped person, reasonable modifications of
existing premises occupied or to be occupied by
such person if such modifications may be necessary
to afford such person full enjoyment of the premises
except that, in the case of a rental, the landlord may
where it is reasonable to do so condition permission
for a modification on the renter agreeing to restore
the interior of the premises to the condition that
existed before the modification, reasonable wear
and tear excepted.
(B) a refusal to make reasonable
accommodations in rules, policies, practices, or
services, when such accommodations may be
necessary to afford such person equal opportunity to
use and enjoy a dwelling . . .
Accommodations must be granted if reasonable and
necessary. You might have to incur some costs in
granting an accommodation, as long as the cost is
not unduly burdensome.
Fair Housing Training 13
D. State of California
California Fair Employment and Housing Act
Section 12955.
It shall be unlawful:
(a) For the owner of any housing accommodation to
discriminate against or harass any person because of
the race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial
status, source of income, disability, veteran or
military status, or genetic information of that
person.
(b) For the owner of any housing accommodation to
make or to cause to be made any written or oral
inquiry concerning race, color, religion, sex, gender,
gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran
or military status, or genetic information of any
person seeking to purchase, rent or lease any
housing accommodation.
* * *
(f) For any owner of housing accommodations to
harass, evict, or otherwise discriminate against any
person in the sale or rental of housing
accommodations when the owner's dominant
purpose is retaliation against a person who has
opposed practices unlawful under this section,
informed law enforcement agencies of practices
believed unlawful under this section, has testified or
assisted in any proceeding under this part, or has
aided or encouraged a person to exercise or enjoy
the rights secured by this part. Nothing herein is
intended to cause or permit the delay of an unlawful
detainer action.
(g) For any person to aid, abet, incite, compel, or
coerce the doing of any of the acts or practices
declared unlawful in this section, or to attempt to do
so.
* * *
(i) For any person or other organization or entity
whose business involves real estate-related
transactions to discriminate against any person in
making available a transaction, or in the terms and
conditions of a transaction, because of race, color,
religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income,
disability, veteran or military status, or genetic
information.
FEHA grants protection to the additional categories
in bold.
FEHA also prohibits landlords from asking questions
during an interview or on an application about a
prospective tenant’s protected characteristics.
FEHA makes it illegal to retaliate against a tenant in
any way because that tenant has asserted rights
under this statute.
Although an eviction can proceed when a tenant is
asserting a fair housing defense, the damages
incurred by the tenant because of the eviction, such
as relocation and emotional distress, can be added
to the tenant’s claim for damages in a subsequent
fair housing complaint in state or federal court.
A person who takes part in violating a tenant’s fair
housing rights can be held liable even if he or she is
simply carrying out someone else’s instruction.
This provision is broadly worded to include all
“real estate-related transactions.” As such, FEHA
applies to all aspects of home purchasing and
rental. It is a “catch all” provision intended to
capture activities not specifically enumerated by the
statute.
Fair Housing Training 14
* * *
(m) As used in this section, "race, color, religion,
sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin,
ancestry, familial status, source of income,
disability, veteran or military status, or genetic
information " includes a perception that the person
has any of those characteristics or that the person is
associated with a person who has, or is perceived to
have, any of those characteristics.
(n) To use a financial or income standard in the
rental of housing that fails to account for the
aggregate income of persons residing together or
proposing to reside together on the same basis as the
aggregate income of married persons residing
together or proposing to reside together.
(o) In instances where there is a government rent
subsidy, to use a financial or income standard in
assessing eligibility for the rental of housing that is not based on the portion of the rent to be paid by the
tenant.
(p) (1) For the purposes of this section, “source of
income” means lawful, verifiable income paid
directly to a tenant, or to a representative of a
tenant, or paid to a housing owner or landlord on
behalf of a tenant, including federal, state, or local
public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal
housing assistance vouchers issued under Section 8
of the United States Housing Act of 1937 (42
U.S.C. Sec. 1437f). “Source of income” includes a
federal Department of Housing and Urban
Development Veterans Affairs Supportive Housing
voucher. For the purposes of this section, a housing
owner or landlord is not considered a representative
of a tenant unless the source of income is a federal
Department of Housing and Urban Development
Veterans Affairs Supportive Housing voucher.
(2) For the purposes of this section, it shall not
constitute discrimination based on source of income
to make a written or oral inquiry concerning the level
or source of income.
Section 12955.6.
Nothing in this part shall be construed to afford to
the classes protected under this part, fewer rights or
remedies than the federal Fair Housing
Amendments Act of 1988 (P.L. 100-430) and its
implementing regulations (24 C.F.R. 100.1 et seq.),
or state law relating to fair employment and housing
as it existed prior to the effective date of this
section…. This part may be construed to afford
greater rights and remedies to an aggrieved person
than those afforded by federal law and other state
laws.
Under this section, tenants are protected if a
landlord perceives them to be of a certain group or
to associate with members of that group, such as
interracial dating.
If a landlord allows married couples to combine their
income to meet an income threshold, the landlord
must do the same for unmarried roommates.
For example, if the total rent is $900, and the
tenant’s portion is $300, the landlord is required to
apply the income standard only to the portion paid by
the tenant. If the standard is 3 times the rent, the
tenant must have $900 monthly income, not $2700.
Examples of verifiable income include: Supplemental
Social Security Income, Disability Insurance, child
support, and alimony.
Law was amended on Jan. 1, 2020 to prohibit
discrimination against housing assistance voucher
holders, including tenants with Section 8 subsidies,
HUD-VASH recipients, and tenants with similar
subsidies.
States can grant tenants greater rights than the
federal government, and California has done so.
Fair Housing Training 15
Section 12955.8.
For purposes of this article, in connection with
unlawful practices:
(a) Proof of an intentional violation of this article
includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that
demonstrates an intent to discriminate in any
manner in violation of this part. A person intends to
discriminate if race, color, religion, sex, gender,
gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran
or military status, or genetic information is a
motivating factor in committing a discriminatory
housing practice even though other factors may
have also motivated the practice. An intent to
discriminate may be established by direct or
circumstantial evidence.
(b) Proof of a violation causing a discriminatory
effect is shown if an act or failure to act that is
otherwise covered by this part, and that has the
effect, regardless of intent, of unlawfully
discriminating on the basis of race, color, religion,
sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin,
ancestry, familial status, source of income,
disability, veteran or military status, or genetic
information. A business establishment whose action
or inaction has an unintended discriminatory effect
shall not be considered to have committed an
unlawful housing practice in violation of this part if
the business establishment can establish that the
action or inaction is necessary to the operation of
the business and effectively carries out the
significant business need it is alleged to serve. In
cases that do not involve a business establishment,
the person whose action or inaction has an
unintended discriminatory effect shall not be
considered to have committed an unlawful housing
practice in violation of this part if the person can
establish that the action or inaction is necessary to
achieve an important purpose sufficiently
compelling to override the discriminatory effect and
effectively carries out the purpose it is alleged to
serve.
(1) Any determination of a violation
pursuant to this subdivision shall consider whether
or not there are feasible alternatives that would
equally well or better accomplish the purpose
advanced with a less discriminatory effect.
For example, if a landlord says housing is
unavailable when in fact it is, the landlord is
intentionally misleading the prospective tenant.
A plaintiff need not show that discriminatory intent
was the only motive in the act or failure to act.
Rather, the plaintiff need only show that it was a
motivating factor.
Any rule, policy, or action that has a greater
negative effect on one protected group than on
others can be a violation of this provision, even if
no negative effect was intended. For example, an
occupancy limit of two people in a two-bedroom
unit would exclude more families with children than
tenants without children, simply because family
groups tend to be larger than two people.
If a rule, policy, or action is found to have a
discriminatory effect, the respondent is required to
show that the rule, policy, or action is necessary to
achieve a necessary or significant purpose and that
no less discriminatory rule could achieve that
purpose.
For example, a pool rule requiring children to be
supervised, imposes a greater burden on children
than adults, and can therefore be considered
discriminatory. However, since the rule is enforced
to achieve a compelling purpose, prevention of
children from drowning, it is permissible. Keep in
mind that the rule does have to be worded in the
least restrictive way possible. Therefore, it would
be impermissible to require that all children (i.e.
“minors”) be supervised, since teenagers do not
pose the same risk as young children. Therefore, an
appropriate age limit, such as 14, should be
established.
Fair Housing Training 16
Other California Laws
Unruh Civil Rights Act
Civil Code Section 51(b): All persons within the
jurisdiction of this state are free and equal, and no
matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition,
genetic information, marital status, sexual
orientation, citizenship, primary language, or
immigration status
are entitled to the full and equal accommodations,
advantages and facilities, privileges, or services in
all business establishments of every kind
whatsoever.
* * *
Section 51.2 (a) Section 51 Shall be construed to
prohibit a business establishment from
discriminating in the sale or rental of housing based
on age.
Ralph Act
Section 51.7(a): All persons within the jurisdiction
of this state have the right to be free from any
violence, or intimidation by threat of violence,
committed against their persons or property because
of political affiliation, or on account of any
characteristic listed or defined in subdivision (b) or
(e) of Section 51, or position in a labor dispute, or
because another person perceives them to have one
or more of those characteristics. The identification
in this subdivision of particular bases of
discrimination is illustrative rather than restrictive.
Civil Code Section 51.9
(Sexual Harassment)
(a) A person is liable in a cause of action for sexual
harassment when the plaintiff proves all of the
following elements:
(1) There is a business, service, or professional
relationship between the plaintiff and the defendant.
Such a relationship may exist between a plaintiff and
a person, including, but not limited to, any of the
following persons…(D) Landlord or property
manager.
(2) The defendant has made sexual advances,
solicitations, sexual requests, or demands for sexual
compliance by the plaintiff that were unwelcome and
pervasive or severe, continuing after a request by the
plaintiff to stop.
(3) There is an inability by the plaintiff to easily
terminate the relationship without tangible hardship.
(4) The plaintiff has suffered or will suffer
economic loss or disadvantage or personal injury as
a result of the conduct described in paragraph (2).
In addition to adding “age” to the protected
classifications, “All persons…are free and equal” is
interpreted by the courts to prohibit arbitrary
discrimination. Courts read the listing as illustrative rather than restrictive.
This can include comments about the tenant’s clothing
or body.
Generally, tenants cannot easily sever the
relationship because they need management for
repairs, payment of rent, etc.
A personal injury can be an injury to the emotional
well-being of the tenant.
Fair Housing Training 17
Immigration Status Protections
Civil Code Section 1940.2
(a) It is unlawful for a landlord to do any of the
following for the purpose of influencing a tenant
to vacate a dwellinng: (5) threaten to disclose
information regarding or relating to the
immigration or citizenship status of a tenant,
occupant, or other person known to the landlord
to be associated with a tenant or occupant.
(b) A tenant who prevails in a civil action, including
an action in small claims court, to enforce his or
her rights under this section is entitled to a civil
penalty in an amount not to exceed two thousand
dollars ($2,000) for each violation
Civil Code Section 1940.3
(b) No landlord or any agent of the landlord shall do any of the following:
(1) Make any inquiry regarding or based on the
immigration or citizenship status of a tenant,
prospective tenant, occupant, or prospective
occupant of residential rental property.
(2) Require that any tenant, prospective tenant,
occupant, or prospective occupant of the rental
property make any statement, representation, or
certification concerning his or her immigration
or citizenship status.
(c) This section does not prohibit a landlord from doing any of the following:
(1) Complying with any legal obligation under
federal law, including, but not limited to, any
legal obligation under any federal governmen
t
program that provides for rent limitations or
rental assistance to a qualified tenant, or a
subpoena, warrant, or other order issued by a
court.
(2) Requesting information or documentation
necessary to determine or verify the financial
qualifications of a prospective tenant, or t
o
determine or verify the identity of a prospective
tenant or prospective occupant.
California Civil Code § 1940.35
(a) It is unlawful for a landlord to disclose to any
immigration authority, law enforcement agency
,
or local, state, or federal agency information
regarding or relating to the immigration or
citizenship status of any tenant, occupant, or other
person known to the landlord to be associated
with a tenant or occupant, for the purpose of, or
with the intent of, harassing or intimidating a
tenant or occupant, retaliating against a tenant o
r
occupant for the exercise of his or her rights,
influencing a tenant or occupant to vacate
a
dwelling, or recovering possession of the
dwelling, irrespective of whether the tenant or
occupant currently resides in the dwelling.
Fair Housing Training 18
(b) If a court of applicable jurisdiction finds a
violation of this section in a proceeding initiated
by a party or upon a motion of the court, the court
shall do all of the following:
(1) For each person whose status was so
disclosed, order the landlord to pay statutory
damages in an amount to be determined in the
court’s discretion that is between 6 and 12
times the monthly rent charged for the
dwelling in which the tenant or occupant
resides or resided.
(2) Issue injunctive relief to prevent the landlord
from engaging in similar conduct with respect
to other tenants, occupants, and persons
known to the landlord to be associated with
the tenants or occupants.
(3) (3) Notify the district attorney of the county in
which the real property for hire is located of a
potential violation of Section 519 of the Penal
Code.
Fair Housing Training 20
III. Practicing Fair Housing Opportunity
A. General Guidelines for Owners and Managers of Property The following instructions are designed to assist you in the daily management of your complex:
• Never base a rental decision or provision of service to a potential or existing tenant on the protected class of the individual in question.
• Apply all standards in an equal manner. No matter how minute the detail, it should apply to all tenants and applicants.
• Avoid making exceptions to the rule. It could come back to haunt you if the exceptions you make favor one group over another.
• Never judge an applicant on anything other than the facts. Is the person financially qualified? Do they meet the established requirements that are applied to ALL applicants? Base your judgment on the facts, not your intuitions, which may be discriminatory. • Never advertise a vacancy that does not exist. If the unit has been rented, then remove the advertisement.
• If you use a waiting list, have an established procedure to rent available units. Do not vary from your procedure, i.e. if your procedure is to contact all inquiries within one week of an upcoming vacancy, then do so. Don’t skip over people on the list. • When showing a unit, treat all applicants equally, i.e. show all features/amenities, quote move in costs, discuss the application process, including, fees, credit check, etc. Give all applicants the benefit of your time and attention.
• Never quote different rental rates or conditions to applicants. Your requirements for rental should not vary from applicant to applicant.
• Never base the terms, conditions or privileges of a rental on the basis of a person’s belonging to an affected class, i.e. charging higher rental rates, or deposits because of the presence of children in the household.
• Never advertise in a manner that states or suggests a preference, i.e. signs that say “mature” or “adult” only, or signs in one language, other than English. • Always communicate clearly and positively with prospective and in-place tenants. The more tenants understand the bases for your decisions, the less chance there is for misinterpretation and second-guessing.
• Put all notices, repair requests, and communications in writing. Keep all copies.
Fair Housing Training 21
B. Housing for Families with Children
Families with children face uncommon obstacles in today’s housing market. The Los Angeles area contains a limited number of units large enough to accommodate families. Many developments with a history as “adults only” communities maintain a lingering resistance to accepting families as residents. In some instances, families with children are outright denied housing because of unlawful discrimination. Moreover, neutral practices of housing providers, even those meant to be protective of children, sometimes limit housing opportunities for families with children.
1. Who is covered
a. Families with Minor Children
A minor child is someone who is under 18 years of age. Under the Federal Fair Housing Act 42 U.S.C. §3602—
(k) “Familial Status” means one or more individuals (who have not attained the age of 18 years) being domiciled with—
(1) a parent or another person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. b. Exception: Senior Citizen Complexes
Housing complexes (including mobile home parks) that are officially reserved for senior citizens may refuse to rent to people with minor children. They are, however, still required to comply with other fair housing provisions.
2. Prohibited Practices
a. Refusal to Rent
It is unlawful under federal and state statutes to refuse to rent, lease, or sell housing accommodations or otherwise discriminate against people because they have minor children.
The California Supreme Court in O’Connor v. Village Owners Association has interpreted the Unruh Civil Rights Act to include coverage of condominium associations. Therefore, it is unlawful for condominium associations, condominium developers, and individual condominium owners to refuse to sell, rent, or lease housing accommodations or otherwise discriminate against people because they have minor children.
b. Illegal Questions
A landlord cannot ask applicants about their childcare arrangements. The landlord has no legitimate need to know whether the child will be at home with a babysitter or in an off-site daycare center.
Fair Housing Training 22
c. Illegal Limitations
It is impermissible to set age restrictions for minor children in apartments or condominiums. The ages of minor children should not be a consideration in renting, leasing, or selling housing accommodations. A landlord cannot limit the total number of children in a housing complex. Placing a quota on the number of children could have the effect of denying housing to families because they have children. A landlord cannot refuse to rent a unit to people with minor children based on the reasoning that there are no recreational facilities for children in the complex.
d. Differential Terms and Conditions
The terms and conditions of renting must be applied equally to all tenants, regardless of whether they have children. Several examples of potential areas of differential treatment follow.
i. Security Deposits
A landlord cannot require a higher security deposit or damage deposit from people who have minor children than from people without children. According to the California Supreme Court in Wolfson and the Federal Fair Housing Law as amended in 1988, it is unlawful to set deposits based on the stereotype that children as a class cause more damage to property than others do.
However, a landlord can likely base the amount of a security deposit on the total number of persons occupying a unit, regardless of age, subject to limitations on deposits imposed by California Civil Code §1950.5, that is two times the rent for an unfurnished apartment. ii. Rent
A landlord can base the amount of rent on the number of persons occupying a unit, subject, of course, to applicable rent control ordinances and only as long as the landlord applies the same criteria to families with children as to families without children.
If the total number of occupants increases or exceeds the number originally agreed upon in the rental or lease agreement, the landlord may charge reasonable additional rent (often referred to as a surcharge), depending on the circumstances. This would be dependent on applicable rent control ordinances. Most important is the intent behind the surcharge and that it be tied in a reasonable way to the additional use of utilities and other systems.
iii. Guests
Minor children must be allowed to visit, i.e. stay in the unit for a few days or longer, with their relatives or divorced parent, unless the landlord has similar restrictions against adults visiting and applies these restrictions to all tenants equally.
Fair Housing Training 23
iv. Eviction
A landlord cannot evict tenants simply because they have children.
Normal childhood activities, such as laughing, running, playing, etc., cannot serve as a basis for evicting a tenant. Apartment living can be noisy. Children make noise, as do many adults.
A landlord can evict from the complex those tenants whose minor children repeatedly commit disruptive acts. A tenant can forfeit his or her legal rights of access to housing accommodations by disrupting the operations of the enterprise. However, the eviction must be based on actual individual disruptive or detrimental conduct, not on stereotypes attributable to a class or group of persons.
If you are forced to evict a tenant for disruptive acts, document those acts in writing, and issue a formal notice to the tenant. Be aware that the eviction may be viewed as a pretext for discriminating against people with children, especially if the “disruption” is caused by an infant or a minor child.
Eviction for an increase in the number of tenants beyond the occupancy limit may be permissible. Most important is that the occupancy limit for that particular unit is reasonable. e. Steering
Families with children cannot be limited to a certain section of a building or complex. Families cannot be steered to first floor units, even if you believe that a first floor unit would be better for the children. People with minor children may rent a unit on whatever floor they choose. In HUD v. Lee (HUD ALJ 8- 12-96), the administrative judge found that an apartment manager’s statement that “we [do] not rent to small children on the second floor because it [is] dangerous” violated sections 804(a) and (c) of the Fair Housing Act.
3. Lead Disclosure Requirements
It is prohibited for a landlord to refuse to rent to a family with children because of potential lead hazards.
Section 1018 of the Residential Lead-based Paint Hazard Reduction Act of 1992, (Title X of the Housing and Community Development Act of 1992) (42 U.S.C. 4852d) requires sellers, landlords and agents to warn homebuyers and tenants of lead-based paint and lead-based paint hazards in pre-1978 housing.
The regulations were published jointly by HUD and EPA as 24 CFR Part 35, Subpart H and 40 CFR Part 745, Subpart F. The regulations became effective on September 6, 1996 for transactions involving owners of more than 4 dwellings, and December 6, 1996 for owners of 1-4 dwellings. (24 CFR 35.82). a. Exemptions
i. Housing constructed on or after 1978 (CFR 35.86)
Fair Housing Training 24
ii. Housing for the elderly or persons with disabilities, unless a child under 6 lives or is expected to live in dwelling. (24 CFR 35.86) iii. Dwellings without bedrooms, (i.e., efficiencies and military barracks) (24 CFR 35.86)
iv. Short-term leases (100 days or less) (24 CFR 35.82 (c)) v. Renewal of Leases where disclosure occurred, and no new information has been acquired by the leasor. (24 CFR 35.82 (d)) vi. Leases of housing that was inspected and found to be free of leadbased paint by a certified inspector. (24 CFR 35.82 (b)) b. Information the Purchaser or Lessee must receive from the Seller or Landlord prior to becoming obligated under a contract.
i. The EPA approved pamphlet “ Protect Your Family from Lead in Your Home” (24 CFR 35.88 (a)(1))
ii. Any known information concerning lead-based paint in the dwelling, including location and condition. (24 CFR 35.88 (a) (2) and (3)) iii. Any records or reports concerning lead-based paint in the dwelling.
For multi-unit dwellings that includes common areas. (24 CFR 35.88 (a)(4))
iv. An attachment to the contract or lease must include a “Lead Warning Statement”. This statement must confirm that the Landlord or Seller has complied with the disclosure rule requirements. Both parties must sign it. 24 CFR 35.92 for sellers, (24 CFR 35.92 (b) for landlords
4. Reasonable Occupancy Limits
A landlord may place a reasonable limit on the number of persons occupying a housing unit, as long as that limit does not specify a certain number of children. What is considered reasonable depends on the specific housing accommodaiton in question.
A landlord may limit occupancy based on the habitable space in a unit. The Uniform Housing Code provides minimum standards and requires that habitable rooms, except kitchens, have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area is increased by 50 square feet for each occupant in excess of two.
Whether or not a more restrictive standard may be set will depend on the circumstances.
Although HUD has not established a bright line rule for analyzing occupancy limitation cases, it has established guidelines in a document known as the “Keating Memo,” issued by HUD General Counsel Frank Keating in 1991. The Keating Memo provides that as a general rule, a occupancy policy of two-persons per bedroom is reasonable. However, the reasonableness of any occupancy policy is rebuttable depending on the following factors:
(a) Size of bedrooms and unit:
(b) Age of children. The occupancy limitation may or may not be reasonable depending on the age of the children (e.g., infant vs. teenager) (c) Configuration of unit: The occupancy limitation may or may not be reasonable depending on whether one unit also had a den that could be Fair Housing Training 25
used a livable space and another did not.
(d) Other physical limitations of housing: such as the capacity of the septic, sewer, and other business systems.
Also note, a landlord may not refuse to rent to a woman because she is pregnant or because the number of occupants in the unit will increase after the woman gives birth.
If the unit is sufficiently small, however, a landlord may be able to justify the refusal on the basis of the amount of habitable living space.
In California, the guideline of two person per bedroom plus one person for the entire unit (“2 + 1 rule”) is generally followed in most cases. DFEH will investigate rental properties that have occupancy limits that fall below the “2 + 1 rule”. The rule is that a unit should allow up to two persons per bedroom plus one more. For example, a two-bedroom unit should allow up to five persons.
However, these guidelines are not a safe harbor. The occupancy limitation needs to be reasonable. For example, a large single family home with only two bedrooms may easily be reasonable for more than 5 persons.
Finally, children of the opposite sex cannot be required to have separate bedrooms.
5. Reasonable Regulations of Facilities
A business establishment may formulate reasonable regulations that are related to the services performed and the facilities provided.
1. Reasonable Safety Rules
A landlord can establish reasonable safety rules for the facility. The safety rules, however, must not single out children for less favorable access to common amenities. Fear of potential liability does not justify imposition of overly restrictive rules. .
If a landlord wishes to establish restrictive rules for tenants with children, the landlord must
must articulate a legitimate justification for the rule. Some courts have held that a housing provider must establish that the rules constitute a compelling business necessity and that they have used the least restrictive means to achieve that end.
For example, a landlord may institute reasonable regulations for the safe use of recreational facilities. A landlord may require that children under the age of 14 must be accompanied by a responsible guardian while using the pool. A landlord cannot, however, require that all minors be accompanied by an adult.
This would be unnecessarily restrictive.
2. Reasonable Nuisance Rules
The landlord may establish reasonable rules for permissible conduct in common areas. Reasonable rules must apply to everyone and should not focus on the activities of children.
Fair Housing Training 26
Rules for Tenants with Minor Children
The following rules are enforced for the benefit and safety of all residents at this apartment property:
1. All baby carriages, tricycles, wagons, bicycles, and toys must be kept inside the apartment when not in use.
2. Children under 14 may not be in the pool or pool area without an adult family member present.
3. The common area of the apartment building is not to be used as a playground. No ball throwing, ball games, bike riding, hide and seek, skateboarding, rollerblading or similar activity is permitted in the common area.
4. Children must stay off all trees and landscaping.
5. Children are not permitted on the driveways or in the parking areas except when an adult family member is present.
6. All tenants, including children, must avoid loud music or other offensive behavior that disturbs other tenants.
7. Any damage caused by a child, such as writing on walls (inside or outside the apartment), broken windows, damage to flowers, etc., must be paid for by the tenant.
Acts of vandalism & property destruction will be charged to the parents of the children responsible.
Please sign & return this notice to the management. Thank you for your cooperation.
I have read and understood this notice.
Signature Printed Name Date
Exercise: These rules are taken from an actual case. What problems do you see with these rules? What changes would you make to comply with fair housing law?
Fair Housing Training 27
Suggested changes
RULES FOR TENANTS
The following rules are enforced for the benefit and safety of all tenants of this apartment building and their guests:
1. All personal belongings of tenants and their guests must be kept inside the apartment when not in use.
2. Children under 14 may not be in the pool area without the supervision of a responsible guardian.
3. No ball throwing, ball games, bike riding, skateboarding, rollerblading, or similar activity is permitted in the hallways by any tenant or his/her guests.
4. All tenants and their guests must stay off all trees and landscaping.
5. All children under the age of 10 are not permitted on the driveways or in the parking areas without the supervision of a responsible guardian. **For this rule, you should consider how much traffic comes in and out of the parking areas, and whether an entering car would have clear vision of children in the area.
6. All tenants and their guests must avoid loud music or other offensive behavior that disturbs other tenants.
7. Any damage caused by any tenant or his/his guest, such as writing on the walls (inside or outside the apartment), broken windows, damage to flowers, etc., must be paid for by the tenant.
Please sign and return this notice to the management. Thank you for your cooperation.
I have read and understood this notice.
Signature Printed Name Date
Remember: the more clearly you lay out your reasonable expectations for tenants, the more likely you are to get their cooperation.
Fair Housing Training 28
Fair Housing Training 29
C. People with Disabilities
I. Federal Fair Housing Act, 42 U.S.C § 3601
A. Definition of “Disability”
Under 42 U.S.C. § 3602, disability is defined as:
(1) a physical or mental impairment which substantially limits one or more of such person’s major life activities;
(2) a record of having such an impairment; or
(3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802).
B. Discriminatory Practices
Under the Fair Housing Act, 42 U.S.C. § 3604(f), discriminatory practices include:
Ø Treating persons with disabilities less favorably because of their disability Ø Refusing residency to persons with disabilities
Ø Putting conditions on the terms of residency for persons with disabilities Ø Refusing to permit “reasonable accommodations” in rules, policies, practices, or services, when these accommodations may be necessary to afford persons with disabilities the opportunity to use and enjoy a dwelling Ø Refusing to permit “reasonable modifications” if those modifications may be necessary to afford a tenant with a disability full enjoyment of the premises.
FKey Point: Your refusal to make reasonable accommodations for a tenant with a disability may result in legal liability under federal and/or state law
Fair Housing Training 30
C. Two Key Questions for Determining Whether a Request for an Accommodation or Modification Should be Granted:
1) Is the modification or accommodation REASONABLE?
An accommodation is “reasonable”, and therefore required, unless the accommodation imposes an undue financial or administrative burden on the landlord or requires a fundamental alteration in the nature of the housing program. .
For example, if a landlord has a disabled tenant whose source of income is SSDI, which is not issued until the 2nd or 3rd day of the month, it would likely be a reasonable accommodation for a landlord to waive the late fee and allow the tenant to pay by the 5th.
2) Is the modification or accommodation NECESSARY?
An accommodation is “necessary,” and therefore required, if, at minimum, a disabled tenant shows that the desired accommodation will affirmatively enhance his quality of life by ameliorating the effects of the disability.
For example, if a landlord refused to waive a no-pets rule for a blind tenant with a seeing-eye dog, the tenant’s use and enjoyment of their home would clearly be adversely affected. Therefore, the requested accommodation is “necessary.” Fair Housing Training 31
D. Common Questions and Answers about Reasonable Accommodations and Modifications under the Fair Housing Act
Q. Are there any instances when I can deny a request for a reasonable accommodation or modification without violating the Act? A. Yes. You can deny a request for reasonable accommodation if:
The request was not made by or on behalf of a person with a disability; or If there is no disability-related need for the accommodation; or If providing the accommodation is
not reasonable; that is, if providing the
accommodation would impose an undue
financial or administrative burden on the
housing provider, or it would
fundamentally alter the nature of the
provider’s operations.
Q. Am I required to make grant the reasonable accommodation if it involves costs to me personally?
A. Yes. Courts have ruled that housing providers may be required to grant a reasonable accommodation that involves some costs to them, as long as the accommodation does not pose an undue financial and administrative burden, and the accommodation does not constitute a “fundamental alteration” of the provider’s operations.
Q. What kinds of information can I request from a person with an obvious or known disability who is requesting a reasonable accommodation? A. As a housing provider, you are entitled to obtain information that is necessary to evaluate if a requested accommodation may be necessary because of a disability. You will likely fall under one of the following scenarios:
If a person’s disability is obvious, or otherwise
known to the provider, and if the need for the
requested accommodation is also readily apparent or
known, then you may NOT request any additional
information about the disability or the disabilityrelated need for the accommodation. If the requester’s disability is known or readily
apparent to the provider, but the need for the
accommodation is not readily apparent or known,
the provider may request only information that is
necessary to evaluate the disability-related need for
the accommodation.
F Remember: Promptness
Matters! Ignoring reasonable
accommodation requests may
backfire.
A housing provider has an
obligation to provide prompt
responses to reasonable
accommodation requests. An
undue delay in responding to a
reasonable accommodation
request may be deemed to be a
failure to provide a reasonable
accommodation.
FKey Point: You should consider various factors
to determine whether a requested accommodation
poses an undue burden, including:
w Cost of the accommodation, as well as
wWhat you can afford
wWhat the benefits of providing the
accommodation are
w The availability of other accommodations
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
ATTACHMENT L
Public Comment
Planning Commission Report
Affordable Housing Occupancy Priority Ordinance
September 12, 2024
ATTACHMENT G
BHMC §4-5-513 – Withdrawal of Residential
Rental Structure from the Rental Market
4-5-513: WITHDRAWAL OF RESIDENTIAL RENTAL STRUCTURE FROM THE RENTAL MARKET:
A landlord may bring an action to recover possession of an apartment unit if the landlord intends to withdraw all apartment units in a building or structure on a parcel of land from the rental market, subject to the following conditions and requirements:
A. This section shall only apply to and shall only be exercised for the concurrent withdrawal of all apartment units in all buildings or structures on a parcel of land from the rental market, except where there is more than one building on a parcel and all buildings contain four (4) or more apartment units, in which case the landlord may withdraw all of the units in one or more of the buildings.
B. Not less than one hundred twenty (120) days from the date the landlord intends to withdraw the apartment units in a building or structure from the rental market, the landlord shall:
1. Provide written notice under penalty of perjury to the city of such intent, which notice shall contain the following information: address and legal description of the subject property, number of rental units being removed, the names of all tenants residing in the units being removed, the year the tenant(s) moved into the unit, the base rent for the unit and the current lawful rent applicable to each such unit.
2. Record with the Los Angeles County registrar-recorder a written notice prepared by and containing such information as is prescribed by the city summarizing the landlord's notice of intent and certifying that evictions have been commenced or will commence in accordance with applicable law.
3. Provide to the city's rent stabilization office copies of the notice recorded with the county and the notice(s) which were provided to the affected tenants.
4. If the tenant or lessee is at least sixty two (62) years of age or is disabled, and has lived in his or her apartment unit for at least one year prior to the date of delivery to the city of the notice required by subsection B1 of this section, then the date of withdrawal of that apartment unit shall be extended to one year from the date of delivery of the notice to the city, provided that the tenant or lessee has given the landlord written notice of his or her entitlement to the extension within sixty (60) days of delivery to the public entity of the notice of intent to withdraw the apartment unit from the rental market. In this situation, the following provisions shall apply:
a. The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the city of the notice of intent to withdraw, subject to any adjustments otherwise available under this title;
b. No party shall be relieved of the duty to perform any obligation under the lease or rental agreement;
c. The landlord may elect to extend the date of withdrawal on any other accommodation within the same building up to one year after the date of delivery to the city of the notice of intent to withdraw, subject to subsections B4a and B4b of this section;
d. Within thirty (30) days of the notification by the tenant or lessee to the landlord of his or her entitlement to an extension, the landlord shall give written notice to the city of the claim that the tenant or lessee is entitled to stay in his or her apartment unit for one year after the date of delivery to the city of the notice of intent to withdraw;
e. Within ninety (90) days of the date of delivery to the city of the notice of intent to withdraw, the landlord shall give written notice to the city and the affected tenant(s) or lessee(s) of the landlord's election to extend the date of withdrawal and the new date of withdrawal under subsection B4c of this section.
C. The landlord shall provide written notice of termination of tenancy to all affected tenants at least thirty (30) days prior to the service of and recordation of the notices in subsection B of this section 9/3/24, 9:27 AM export.amlegal.com/api/export-requests/1651f1cc-d7f0-42bc-b190-0fff9bdb333e/download/ https://export.amlegal.com/api/export-requests/1651f1cc-d7f0-42bc-b190-0fff9bdb333e/download/ 1/3 which has been approved by the city's rent stabilization office and filed with the city clerk's office and which notice shall contain the following information:
1. That the landlord is evicting the tenant pursuant to this section and will provide the city with written notice required in subsection B of this section;
2. A summary of the specific information to be provided to the city in that notice regarding the tenant's unit;
3. That within thirty (30) days of receipt of notice to terminate, the tenant may notify the landlord in writing that the tenant would be interested in rerenting the unit if it is reoffered for rent at a future time and advising the tenant to notify the landlord and rent stabilization office of all future address changes;
4. A description of the tenant's rights as set forth in subsections E, F and G of this section;
5. That the landlord will provide a relocation fee in accordance with the provisions of article 6 of this chapter and that such fee may not be waived by the tenant, except as specifically provided in section 4-5-607 of this chapter; and
6. That if the tenant or lessee is at least sixty two (62) years of age or is disabled, and has lived in his or her apartment unit for at least one year prior to the date of delivery to the city of the notice required by subsection B1 of this section, then the tenancy shall be extended to one year after the delivery of the notice to the city, provided that the tenant gives written notice of his or her entitlement to the extension to the landlord within sixty (60) days of the date of delivery to the city of the notice of intent to withdraw. The notice shall further state that if these circumstances exist, the extended tenancy shall be continued on the same terms and conditions that existed on the date of delivery of the notice of withdrawal to the city, subject to any rent increases that are allowed by this chapter, and that no party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy.
D. At the time when the tenant(s) vacate the unit, the landlord shall pay a relocation fee in accordance with the provisions of article 6 of this chapter.
E. In the event the withdrawn units are reoffered for rent by the landlord within two (2) years from the effective date of withdrawal, the landlord shall:
1. Provide written notice of such action to the city not less than thirty (30) days prior to rerenting the units;
2. Offer the units at the same rent level as of the date of withdrawal plus any annual rent increases permitted by this chapter that would have applied had the units not been withdrawn;
3. Provide those tenants who provided a notice of interest in rerenting pursuant to subsection C3 of this section the right of first refusal to rerent the unit by certified or registered mail, postage prepaid, to the last address provided by the tenant, in which case the tenant shall have no less than thirty (30) days within which to accept the offer, by personal service or certified or registered mail. Copies of these notices and the mail receipts shall be filed with the city's rent stabilization office within one week of mailing;
4. Be liable in a civil action if commenced within three (3) years of displacement to any tenant evicted due to withdrawal of a unit pursuant to this section for actual damages which were the proximate result of the displacement, in accordance with the principles enunciated in sections 7262 and 7264 of the California Government Code, and punitive damages;
5. Be liable in a civil action if commenced within three (3) years of displacement to the City for exemplary damages for displacement of tenants or lessees. 9/3/24, 9:27 AM export.amlegal.com/api/export-requests/1651f1cc-d7f0-42bc-b190-0fff9bdb333e/download/ https://export.amlegal.com/api/export-requests/1651f1cc-d7f0-42bc-b190-0fff9bdb333e/download/ 2/3 F. In the event the withdrawn units are reoffered for rent by the landlord within five (5) years after any notice of intent to withdraw the apartment unit is filed with the City, or within five (5) years after the effective date of the withdrawal of the apartment unit, whichever is later, the landlord shall provide not less than thirty (30) days' prior written notice of such action to the City prior to rerenting the units and shall offer the units at the same rent level as of the date of withdrawal, plus annual rent increases permitted by this chapter that would have applied had the units not been withdrawn.
G. Moreover, if the units are reoffered for rent within ten (10) years from the effective date of removal, the landlord shall provide those tenants who provided notice of interest in rerenting pursuant to subsection C3 of this section the right of first refusal to rerent the unit, by certified or registered mail, postage prepaid, to the last address provided by the tenant, in which case the tenant shall have no less than thirty (30) days within which to accept the offer by personal service or certified or registered mail. Copies of these notices and the mail receipts shall be filed with the City's Rent Stabilization Office within one week of mailing. Failure of the landlord to provide the tenant with this right of first refusal shall render the landlord liable in a civil action to the tenant in punitive damages in an amount not to exceed six (6) months' rent.
H. This section shall in no respect relieve a landlord from complying with the requirements of any applicable State law or of any lease or rental agreement.
I. The remedies provided for in this section shall not be exclusive and shall not preclude a tenant from pursuing any alternative remedy available under law. Failure by any landlord to comply with the requirements of this section shall constitute a defense in any unlawful detainer action brought to evict a tenant under this section.
J. For the purpose of this section, the term "landlord" shall be interpreted to include any and all successors in interest of any landlord, and the term "disabled" shall mean a person with a disability, as defined in section 12955.3 of the California Government Code.
K. The notice to the City provided for in this section shall be accompanied by a processing fee in an amount determined by resolution of the City Council.
L. This section is intended to implement the requirements of sections 7060 through 7060.7 of the California Government Code, and shall be interpreted so as to provide the City with the broadest range of authority permitted under these provisions and to intrude the least into the City's authority in all other applications of its power.
M. This section shall apply to any apartment units that are being removed from the rental market, if the notice of termination of tenancy required by State law or by a lease agreement has not been given at the time of adoption hereof or if such notice has been given, the notice period has not expired at the time of adoption hereof. (1988 Code; amd. Ord. 04-O-2449, eff. 6-18-2004) 9/3/24, 9:27 AM export.amlegal.com/api/export-requests/1651f1cc-d7f0-42bc-b190-0fff9bdb333e/download/ https://export.amlegal.com/api/export-requests/1651f1cc-d7f0-42bc-b190-0fff9bdb333e/download/ 3/3 Planning Commission Report
Affordable Housing Occupancy Priority Ordinance
September 12, 2024
ATTACHMENT H
California Health and Safety Code Section 17980
and 17920.3 (Substandard Conditions)
State of California
HEALTH AND SAFETY CODE
Section 17920.3
17920.3. Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building:
(a) Inadequate sanitation shall include, but not be limited to, the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.
(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating.
(7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code.
(9) Room and space dimensions less than required by this code. (10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14) General dilapidation or improper maintenance.
(15) Lack of connection to required sewage disposal system. (16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b) Structural hazards shall include, but not be limited to, the following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(c) Any nuisance.
(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g) Faulty weather protection, which shall include, but not be limited to, the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. “Substandard building” includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
(Amended by Stats. 2015, Ch. 720, Sec. 3. (SB 655) Effective January 1, 2016.) State of California
HEALTH AND SAFETY CODE
Section 17980
17980. (a) If a building is constructed, altered, converted, or maintained in violation of any provision of, or in violation of any order or notice that gives a reasonable time to correct that violation issued by an enforcement agency pursuant to this part, the building standards published in the California Building Standards Code, or other rules and regulations adopted pursuant to this part, or if a nuisance exists in a building or upon the lot on which it is situated, the enforcement agency shall, after 30 days’ notice to abate the nuisance or violation, or a notice to abate with a shorter period of time if deemed necessary by the enforcement agency to prevent or remedy an immediate threat to the health and safety of the public or occupants of the structure, institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Notwithstanding the above, if a person has purchased and is in the process of diligently abating any violation at a residential property that had been foreclosed on or after January 1, 2008, an enforcement agency shall not commence an action or proceeding until at least 60 days after the person takes title to the property, unless a shorter period of time is deemed necessary by the enforcement agency, in its sole discretion, to prevent or remedy an immediate threat to the health and safety of the neighboring community, public, or occupants of the structure. (b) If an entity releases a lien securing a deed of trust or mortgage on a property for which a notice of pendency of action, as defined in Section 405.2 of the Code of Civil Procedure, has been recorded against the property by an enforcement agency pursuant to subdivision (a) of Section 17985 of the Health and Safety Code or Section 405.7 or 405.20 of the Code of Civil Procedure, it shall notify in writing the enforcement agency that issued the order or notice within 30 days of releasing the lien.
(c) (1) Whenever the enforcement agency has inspected or caused to be inspected a building and has determined that the building is a substandard building or a building described in Section 17920.10, the enforcement agency shall commence proceedings to abate the violation by repair, rehabilitation, vacation, or demolition of the building.
The enforcement agency shall not require the vacating of a residential building unless it concurrently requires expeditious demolition or repair to comply with this part, the building standards published in the California Building Standards Code, or other rules and regulations adopted pursuant to this part. The owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the enforcement agency shall require that the building be brought into compliance according to a reasonable and feasible schedule for expeditious repair. The enforcement agency may require vacation and demolition or may itself vacate the building, repair, demolish, or institute any other appropriate action or proceeding, if any of the following occur:
(A) The repair work is not done within the period required by the notice. (B) The owner does not make a timely choice of repair or demolition. (C) The owner selects an option which cannot be completed within a reasonable period of time, as determined by the enforcement agency, for any reason, including, but not limited to, an outstanding judicial or administrative order. (2) In deciding whether to require vacation of the building or to repair as necessary, the enforcement agency shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling, as determined by the enforcement agency, and shall give full consideration to the needs for housing as expressed in the local jurisdiction’s housing element.
(d) (1) Notwithstanding subdivision (c) and notwithstanding local ordinances, tenants in a residential building shall be provided copies of any of the following:
(A) The notice of a violation described in subdivision (a) that affects the health and safety of the occupants and that causes the building to be substandard pursuant to Section 17920.3 or in violation of Section 17920.10. (B) An order of the code enforcement agency issued after inspection of the premises declaring the dwelling to be in violation of a provision described in subdivision (a). (C) The enforcement agency’s decision to repair or demolish. (D) The issuance of a building or demolition permit following the abatement order of an enforcement agency.
(2) Each document provided pursuant to paragraph (1) shall be provided to each affected residential unit by the enforcement agency that issued the order or notice, in the manner prescribed by subdivision (a) of Section 17980.6. (e) All notices issued by the enforcement agency to correct violations or to abate nuisances shall contain a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.
(f) The enforcement agency may charge the owner of the building for its postage or mileage cost for sending or posting the notices required to be given by this section. (g) If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agency’s abatement order shall require the abatement of any other conditions listed in Section 17920.3 that the enforcement agency determines to have caused the infestation.
(Amended by Stats. 2014, Ch. 81, Sec. 1. (SB 1167) Effective January 1, 2015.) Planning Commission Report
Affordable Housing Occupancy Priority Ordinance
September 12, 2024
ATTACHMENT I
BHMC § 9-1-108 – Submittal Documents
(Means And Method Plan)
9-1-108: SUBMITTAL DOCUMENTS:
A. General: Submittal documents consisting of construction documents, plans, specifications, engineering calculations, diagrams, soil investigation reports, geotechnical reports, special inspection and structural observation programs, a construction management plan and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit.
When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. If provided by local law, or in order to ensure quality design consistent with the standards of the city of Beverly Hills, or to otherwise promote the public health, welfare and safety, the building official may require plans, computations and specifications to be prepared and designed by an engineer and architect licensed by the state to practice as such even if not required by state law.
1. Exception: The building official is authorized to waive the submission of construction documents, plans, calculations, construction, and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code.
B. Construction Documents: Construction documents shall be dimensioned and drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations, as determined by the building official. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and persons who prepare them. Plans shall include a site plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. Computations, stress diagrams and other data sufficient to show the correctness of the plans shall be submitted when required by the building official. Where proposed construction will affect site drainage, existing and proposed drainage patterns shall be shown on the plot plan.
C. Approval Of Construction Documents: When the building official issues a permit the construction documents shall be approved, in writing or by stamp as "APPROVED". One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.
Such approved plans and specifications shall not be changed, modified or altered without authorization from the building official, and all work regulated by this code shall be done in accordance with the plans marked "APPROVED".
D. Phased Approval: The building official is authorized to issue a permit for the construction of part of a building or structure, or the installation of equipment before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code and other appropriate city conditions and/or requirements. The holder of such permit shall proceed at the holder's own risk and without assurance that the permit for the entire building, structure, or equipment will be granted.
E. Architect Or Engineer In Responsible Charge: When it is required that documents be prepared by an architect or engineer, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute registered architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. 9/5/24, 12:55 AM export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ https://export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ 1/6 The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.
F. Deferred Submittals: For the purposes of this section, "deferred submittals" are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted within a period specified by the building official. Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the construction documents for review by the building official.
Documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official.
G. Amended Construction Documents: Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. In addition to submitting revised plans and drawings of any proposed changes to plans already checked or approved, the applicant shall submit a change list setting forth all of those changes, beyond those necessary to address the department's correction notices, for which approval is requested. Even if proposed changes are shown on the revised plans and drawings that have been approved, no change shall in itself be considered approved unless it appears on the approved change list. The change list may be included on the face of the revised plans and drawings.
H. Inspection And Observation Program: When special inspection is required by chapter 17 of this code, the architect or engineer of record shall prepare an inspection program which shall be submitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and indicate the duties of the special inspectors.
The special inspector may be employed by the owner, the engineer or architect of record, or an agent of the owner, but shall not be employed by the contractor or his employees, representatives or agents, or any other person performing the work.
When structural observation is required by chapter 17 of this code, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur.
The inspection program shall include samples of inspection reports and provide time limits for submission of reports.
I. Responsible Person Or Contractor Of Record: When required by the building official, the contractor of record or a representative responsible person shall be present at the construction site at all times during the construction process. That person shall have the authority to address the concerns of neighboring property residents or occupants regarding the particular construction project. The names and telephone numbers of the contractor of record or the responsible person shall be conspicuously displayed at the construction site in a manner satisfactory to the building official.
J. Notice Of Demolition/Construction: The property owner or the owner's representative shall post at the construction site a notice of intent to do grading, construction or demolition that is readily visible at least ten (10) days prior to issuance of permit whenever the building official determines that the grading, demolition, or construction work will have a significant impact on the surrounding properties.
K. Construction Parking And Hauling Restrictions: No hauling or construction related parking shall be permitted on a public street except as otherwise approved by the building official and city engineer, 9/5/24, 12:55 AM export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ https://export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ 2/6 provided that the work described in an application for a permit, and the plans, specifications and other data filed therewith, conform to the requirements of this code, the technical codes and other pertinent laws and ordinances, and that the fees specified by resolution of the city council in section 9-1-110 of this chapter have been paid. All hauling related to construction shall not be commenced without hauling permits.
L. Construction Means And Method Plan Required:
1. When applying for a permit to alter, repair, or rehabilitate any structure that contains one or more dwelling units, the applicant shall indicate on a form furnished by the city building official whether the property is occupied by tenants.
2. If the property is tenant occupied and, as determined by the city building official, the construction work could impact the habitability of any unit on the property, prior to obtaining a permit, the applicant shall submit a construction means and method plan to the city building official which contains the information required by this section. The construction could impact unit habitability if any of the following conditions may exist at the property for a period exceeding one working day:
a. Inadequate sanitation including, but not limited to, the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or shower, (2) Lack of, or improper kitchen sink,
(3) Lack of hot and cold running water to plumbing fixtures, (4) Lack of adequate heating,
(5) Lack of, or improper operation of required ventilating equipment, (6) Lack of minimum amounts of natural light and ventilation required by the building code of the city of Beverly Hills,
(7) Lack of required electrical lighting,
(8) Dampness of habitable rooms,
(9) Lack of connection to required sewage disposal system; b. Structural hazards including, but not limited to, the following:
(1) Deteriorated or inadequate foundations,
(2) Defective or deteriorated flooring or floor supports, (3) Any of the following structural features that are of insufficient size to carry imposed loads with safety: flooring or floor supports, members of walls, partitions, or other vertical supports, members of ceiling, roofs, ceiling and roof supports, or other horizontal members; c. Wiring, plumbing, or electrical equipment that will no longer conform with all applicable laws in effect at the time of installation;
d. Faulty weather protection, including, but not limited to, the following: ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors; e. The building, premises, or portion thereof, device, apparatus, equipment, combustible waste or vegetation is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause; f. The building or portion thereof is an unsafe building as defined by the building code of the city of Beverly Hills;
9/5/24, 12:55 AM export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ https://export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ 3/6 g. The building, premises or portions thereof is not provided with adequate exit facilities as required by the building code and fire code of the city of Beverly Hills; h. The building or portions thereof is not provided with the fire resistive construction or fire extinguishing systems or equipment required by the building code of the city of Beverly Hills and the fire code of the city of Beverly Hills.
3. No permit shall be issued until a satisfactory means and method plan is approved by the city building official, if required.
4. If a construction means and method plan was not required prior to permit issuance, the city building official shall require a construction means and method plan be submitted after work commences if the city building official determines that the work could impact the habitability of any unit on the property given the manner in which the construction is being undertaken. If the city building official requires a construction means and method plan, the requirements of this section shall also apply. The city building official may stop construction until all applicable requirements of this chapter have been met.
M. Contents Of Construction Means And Method Plan: The construction means and method plan required by this code shall provide the following information:
1. A detailed description of the construction process, organized sequentially;
2. An explanation of the impact that this construction will have on the occupancy of the units by tenants;
3. The owner's plan to address the habitability impacts on the tenants created by the proposed construction project;
4. An assessment of whether any or all of the tenants will need to be temporarily relocated during any phase of the work. A tenant will need to be temporarily relocated if the conditions of the property or the repair or rehabilitation thereof will render the premises unsafe for continued occupancy;
5. A description of the construction mitigation measures that the owner will implement to minimize the impacts of noise, dust, vibrations, utility shutoffs, and other construction impacts on tenants.
N. Relocation Plan: If the construction means and method plan demonstrates, as determined by the city building official, that the work being performed on the property may require that tenants be temporarily relocated, the applicant shall also prepare and submit a relocation plan for city approval prior to issuance of a permit which shall contain facts sufficient to show that:
1. Fair and reasonable relocation benefits will be provided to all displaced tenants as required; a. A mutual agreement between the landlord and tenant to be impacted by construction will be an acceptable method of complying with the relocation plan requirements; or b. A reasonable relocation plan which demonstrates the following:
(1) Relocation facilities shall be located within the city of Beverly Hills. (2) Relocation facilities shall provide equal accommodations to include, but not be limited to, laundry facilities, exercise facilities, balconies, kitchens, pet housing/care, and parking. (3) Storage facilities required to temporarily store tenant's personal belongings during the period of construction shall be provided by landlord. For the security of personal belongings, storage shall be independent from other relocated tenant's property. (4) Moving expenses and costs shall be incorporated into the relocation plan. 9/5/24, 12:55 AM export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ https://export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ 4/6
2. Notice of the relocation assistance and benefits to be provided and the timing of the displacement will be provided to all tenants who will be displaced.
O. Tenant Noticing Requirement:
1. Before a permit can be issued for the alteration/repair/rehabilitation of a building which required an applicant to prepare a construction means and method plan pursuant to this code, the applicant must certify that all tenants of the property will receive the information required, in a form approved by the city, within ten (10) days following the issuance of the permit and that no work will commence under the permit until ten (10) days after all tenants are notified. This notice shall either be hand delivered to each tenant of the property or sent by certified mail, return receipt requested.
2. The notice required of this section shall contain the following information:
a. A detailed description of the nature and type of construction activity that will be undertaken; b. Information regarding the scheduling of construction and the periods in which services such as laundry, parking, elevators, water and power, will be unavailable; c. A statement that the construction being undertaken at the property will not terminate the tenant's tenancy;
d. A statement informing the tenants of their right to seek mitigation from the property owner for nuisance conditions at the property, including, but not limited to, noise, dust, vibrations, utility shutoffs and other construction impacts. Mitigation measures may include, but are not limited to, temporary rent reductions, quiet office space for tenants working at home and temporary accommodations; e. A statement informing tenants of their right to review and receive free copies of the owner's construction means and method plan;
f. A statement informing tenants of their right to review and receive free copies of the owner's relocation plan, if such plan was required;
g. Information explaining how to contact the project applicant, including the designation of a project manager responsible for responding to tenant inquiries, complaints, and requests for mitigation of nuisance conditions;
h. A statement informing tenants that they should immediately contact the city's building and safety division regarding any conditions at the property which they consider to be unsafe, in violation of the city's technical codes, or in violation of the applicant's construction means and method plan; i. For construction projects that exceed thirty (30) days in duration as measured from the date that construction commences, the applicant shall also inform the tenants that the applicant will provide twice monthly notices to the tenants regarding the progress of construction and will schedule monthly meetings to address the construction progress and obtain tenant input and feedback regarding the construction;
j. Any other information that the city building official determines is necessary due to the unique circumstances of the construction work.
3. In addition to the information required of this section, the tenant notification shall provide the following information if the project will require the temporary relocation of tenants:
A statement that the construction activity may require displacement, but that to the greatest extent practicable, no tenant lawfully occupying the property will be required to move without at least thirty (30) days' written notice from the owner.
P. Security: Before receiving a permit for a project which requires an applicant to prepare a construction means and method plan pursuant to this section, the applicant shall furnish security to the 9/5/24, 12:55 AM export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ https://export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ 5/6 city sufficient to ensure the timely and faithful performance of all work included within the scope of the permit and the payment of all relocation assistance necessitated by the temporary displacement of the tenants, if any. The city building official may exempt a project from the security requirements of this section if the city building official determines such security is unnecessary based on an analysis of the following factors: size of project, duration of project, potential for impact on tenant safety, and invasiveness of project. If required, cash bonds are acceptable forms of security.
Q. Compliance With Required Means And Method Plan:
1. General: No person shall erect, construct, enlarge, alter, repair, move, improve, remove, sandblast or convert the use of any building, structure or building service equipment regulated by this code without complying with all conditions of any required construction means and methods plan.
2. Owner's Responsibility: The property owner shall remain responsible for any violation of the construction means and method plan regardless of the responsibility of any other person for the violation or any contract or agreement the owner entered into with a third party concerning the owner's property or the construction that necessitated the preparation of the means and method plan.
R. Administrative Regulations: The city building official shall have the authority to promulgate and/or adopt administrative regulations to implement the provisions of this chapter. (Ord. 16-O-2719, eff. 1-20-2017)
9/5/24, 12:55 AM export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ https://export.amlegal.com/api/export-requests/a6356c62-a2db-4a3a-9d1a-dbc1b73e4d17/download/ 6/6 Planning Commission Report
Affordable Housing Occupancy Priority Ordinance
September 12, 2024
ATTACHMENT J
2022-2024 Uninhabitable/Red Tag Units
year type status department Cause of Relocation Days Case Remained Open 2022 Multi-Family Case (CP) Active Community PreservationUninhabitability 902 2022 Habitability Standards (RS) Case Closed Rent Stabilization MMP 103 2022 Habitability Standards (RS) Case Closed Rent Stabilization MMP 125 2022 Habitability Standards (RS) Case Closed Rent Stabilization MMP 113 2022 Habitability Standards (RS) Case Closed Rent Stabilization MMP 106 2022 Habitability Standards (RS) Case Closed Rent Stabilization MMP 49 2022 Habitability Standards (RS) Case Closed Rent Stabilization MMP 85 2022 Habitability Standards (RS) Case Closed Rent Stabilization MMP 141 2023 Multi-Family Case (CP) Active Community PreservationRed Tag 290 2023 Multi-Family Case (CP) Active Community PreservationRed Tag 513 2023 Multi-Family Case (CP) Active Community PreservationUninhabitability 437 2023 Multi-Family Case (CP) Case Closed Community PreservationUninhabitability 9 2023 Habitability Standards (RS) Case Closed Rent Stabilization MMP 90 2023 Directed Activity Case (CP) Case Closed Community PreservationUninhabitability 1 2024 Directed Activity Case (CP) Active Community PreservationRed Tag 172 2024 Multi-Family Case (CP) Active Community PreservationRed Tag 191 2024 Habitability Standards (RS) Active Rent Stabilization Uninhabitability 76 2024 Habitability Standards (RS) Active Rent Stabilization MMP 149 2024 Habitability Standards (RS) Case Closed Rent Stabilization Red Tag 164 2024 Habitability Standards (RS) Case Closed Rent Stabilization Red Tag 109 2024 Habitability Standards (RS) Case Closed Rent Stabilization Uninhabitability 44 2024 Habitability Standards (RS) Case Closed Rent Stabilization MMP 92 2024 Habitability Standards (RS) Case Closed Rent Stabilization Uninhabitability 137 2024 Habitability Standards (RS) Case Closed Rent Stabilization Uninhabitability 201 Planning Commission Report
Affordable Housing Occupancy Priority Ordinance
September 12, 2024
ATTACHMENT K
General Plan and Housing Element
Goals and Policies
GENERAL PLAN AND HOUSING ELEMENT GOALS AND POLICIES
PLANNING COMMISSION
REVISIONS TO AFFORDABLE HOUSING GUIDELINES
SEPTEMBER 12, 2024
• H2 Housing Supply and Diversity. Provide a variety of housing types and adequate affordable housing supply
• H 2.2 Inclusionary Housing. Continue to implement an inclusionary housing program to integrate affordable units within market rate developments, and increase the availability of affordable housing throughout the community. (Imp. 10.2) • H 2.9 Jobs-Housing Balance. Promote programs seeking to provide housing opportunities for people who work in the City as a means of reducing long commutes, easing local traffic, improving air quality and helping to achieve a balanced regional jobs-housing distribution for the western portion of Los Angeles County. (Imp. 10.6)
• H 2.10 Workforce Housing. Study and develop programs to increase the amount of rental and ownership housing affordable to the local workforce. (Imp. 10.3, 10.4) • H 3 Fair Housing and Special Needs Residents. Promote equal housing opportunities for all residents; including Beverly Hills’ special needs populations, so residents have a choice of appropriate housing.
• H 3.1 Affirmatively Further Fair Housing Practices. Promote fair housing and nondiscrimination in the sale and rental of housing by coordinating with organizations that provide information, counseling and mediation on fair housing laws and landlord-tenant disputes. (Imp. 11.1)
• Imp 9.7 Monitoring Affordable Housing. Continue to implement the Affordable Housing Guidelines to monitor and manage deed-restricted units.
Attachment 5
July 11, 2024
Planning Commission Staff Report
(No attachments)
City of Beverly Hills
Planning Division
455 N. Rexford Drive Beverly Hills, CA 90210
TEL. (310) 285-1141 FAX. (310) 858-5966
Planning Commission Report
Attachments:
A. Revised Affordable Housing Guidelines: Guidelines for Developers – Rental Units; Guidelines for Applicants – Rental Units; Exceptions and Appeals; and Appendices
B. 2016 Affordable Housing Guidelines
C. General Plan and Housing Element Goals and Policies
D. 2016 City Council Staff Report – Affordable Guidelines E. 2019 City Council Staff Report – Revised Priority List F. HCD – 2024 State Income Limits
G. BHMC §10-3-1528 – Occupancy Priority
H. West Hollywood Resolution (Priority List)
I. Pasadena Local Preference and Priority System Guidelines J. Santa Monica Below Market Housing User Guide for Applicants K. Fair Housing Certification Training Manual – Housing Rights Center L. Public Comment
Report Author and Contact Information:
Christine Delostrinos, Associate Planner
(310) 285-1125
[email protected]
Meeting Date: July 11, 2024
Subject: STUDY SESSION – REVISIONS TO AFFORDABLE HOUSING
GUIDELINES
An informational report on the revisions to the existing Affordable Housing Guidelines for deed-restricted rental units and a discussion of the occupancy priority list for placement into deed-restricted rental units. (Continued from the June 26, 2024, Planning Commission meeting)
Location: Citywide
Project Applicant: City-Initiated
Recommendation: Conduct a study session to: 1) review revisions to the City’s Affordable Housing Guidelines to provide input and direction to staff regarding these revisions. 2) review potential changes to the occupancy priority list for affordable units
REPORT SUMMARY
The following report provides information regarding the City’s Affordable Housing Guidelines (“guidelines”) revisions. The rental unit sections of these guidelines are being revised to improve the City’s administration of affordable housing units. Due to changes in state law, the production of affordable housing units that the City is responsible for administering is increasing. The City has recently entered a contract with an affordable housing program administrator, Housekeys, Inc. (“Housekeys”) to assist with the affordable housing program implementation. These revisions aim to guide City staff, Housekeys staff, developers, tenants, and the general public regarding the monitoring and management of deed-restricted affordable housing units for rent. The guideline revisions will occur in two phases: Phase one, the current phase, will concentrate on refining guidelines relating to developers and applicants of deed-restricted affordable housing rental units.
Phase two will take place at a future date and will delve into revisions of the portion of the guidelines concerning developers and applicants of deed-restricted affordable housing for-sale Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
units (e.g. condominium units). The City has taken this two phase approach in updating the guidelines because the deed-restricted affordable units that have been produced in the City are exclusively rental units rather than for-sale units. The purpose of this study session is to review these revisions and provide staff with feedback and guidance, which can be incorporated into the guidelines that will be reviewed and adopted by the City Council. The study session is also seeking Commission comment on the current affordable housing occupancy priority list codified in BHMC §10-3-1528 (Attachment G). The Planning Commission will adopt no new regulations during this study session.
BACKGROUND
Guidelines
In 2016, the City Council adopted Affordable Housing Program Guidelines in response to the development of affordable housing units within housing developments and in anticipation of the future development of affordable housing units in the city (Attachment D). The guidelines serve as a roadmap for developers and property owners outlining requirements to ensure projects with affordable housing units are appropriately managed and designed. The guidelines also provide valuable guidance to applicants interested in renting or purchasing an affordable housing unit, offering insight on the application process, eligibility requirements, and tenant obligations.
However, over the course of implementing the guidelines for several affordable housing units, certain issues have been raised during the affordable housing placement process. Most often, the issue would be raised because the guidelines do not explicitly address certain topics, for example, whether or not a developer can require payment for renter’s insurance. This has demonstrated a need for clarification and the addition of further information within the existing guidelines. Since all of the affordable housing units currently existing in the City are rental units rather than for-sale units, an expansive discussion of revisions to the guidelines for rental units is being prioritized at this time.
Occupancy Priority
In 2005, the City Council adopted regulations consistent with state Density Bonus law, which established an occupancy priority list for affordable housing units. This list provides tiers to rank applicants who meet the criteria in each tier for priority of placement into an available affordable housing unit. The ranking of applicants then provides the order by which the unit is offered to qualified applicants: for example, if two applicants are both qualified by income, but one applicant falls into a higher priority tier, the unit would be offered to that applicant first. In 2019, the City Council adopted an amendment to the occupancy priority list (Attachment E). The amendment revised the occupancy priority list tiers to prioritize households that were forced to vacate a building in the City due to redevelopment (in other words, displaced households) for placement into new affordable housing units developed on the site from which they were displaced. The revisions added tiers to give priority to specific types of displaced households, with senior tenants provided first priority and displaced families with students in the Beverly Hills Unified School District (BHUSD) provided second priority, The revisions also clarify that displaced households shall be ranked within each priority level by length of residency in the building from which the household is being/was displaced. The amended occupancy priority list has been implemented throughout the process of placing individuals in affordable housing units since its adoption in Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
2019. During implementation, it has become evident that affordable housing rental unit applicants have only qualified as tier 7 (Senior Households) and tier 8 (Other Income Qualified Households), while there were no applicants qualified for tier 1 through tier 6. Staff has received comments from the public sharing concerns, such as the current priority list is too limited with regard to how a displaced household is defined. The Planning Commission will review the current occupancy priority list and discuss whether it should be revised, including further clarifying the definition of displacement, or make no changes.
Affordable Housing Program Process
The Affordable Housing Program facilitates the management and monitoring of existing and new affordable housing units. The program involves placement of qualified tenants into deedrestricted affordable housing units that are set aside for specific income categories (very low, low, or moderate income) within privately owned developments. Affordable housing units are provided in new developments to meet regulatory requirements including: the City’s local inclusionary housing ordinance, state density bonus law, and state replacement unit requirements (SB 8).
Applicants for these units must qualify for the specific income category, which is based upon the area median income (AMI) for Los Angeles County and provided by the Department of Housing and Community Development (HCD) each year. (Attachment F). Upon review of their application, the applicants are also ranked according to the occupancy priority list in Beverly Hills Municipal Code (“BHMC”) §10-3-1528 (Attachment G). The income calculation looks at monthly income from employment, as well as other factors such as assets, investments, and retirement accounts.
Figure 1 illustrates and outlines the affordable housing program process for placement of tenants in the units. Since contracting with Housekeys, staff has worked with the consultant’s team to draft revisions to the guidelines that integrate affordable housing administration best practices.
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
The placement process relies on collaboration and participation from the developer, staff, and Housekeys.
Existing and Pipeline Affordable Housing Units
Currently, the City manages eight affordable housing units inclusive of very-low, low, and moderate income households. As reported in the 2023 General Plan Annual Report, a large number of multi-family housing units are currently in the construction pipeline, either with an approved entitlement or currently under review. In 2023, a total of 140 housing units were approved through project entitlements, which included 14 deed-restricted units for very lowincome households and one deed-restricted unit for a low-income household (See “Approved in 2023” in Table 1 below). Additionally, the projects submitted for review in 2023 and/or are currently under review propose a total of 342 units, which includes 28 deed-restricted units for very lowincome households and one deed-restricted unit for a low-income household (see “Submitted/Under Review in 2023” in Table 2). The number of affordable housing units has been generally increasing year over year and the City anticipates continued increases in the development of affordable housing units due to state housing law. As a result, there is a need for the City to continue to improve its administration of these deed-restricted affordable housing units.
LAND ENTITLEMENTS REVIEW
AND APPROVAL PER STATE
AND LOCAL LAW
DEVELOPER COLLABORATION
WITH CITY STAFF AND
HOUSEKEYS, INC. TO PREPARE
MARKETING PLAN FOR UNIT(S)
AND ONBOARDING CHECKLIST
ADVERTISE UNIT(S) FOR
APPLICATION SUBMITTAL
APPLICANTS SUBMIT
APPLICATION TO HOUSEKEYS,
INC. PORTAL
REVIEW APPLICATIONS FOR
COMPLETION AND
PREPARATION OF LOTTERY
CONDUCT LOTTERY AND
NOTIFY APPLICANTS OF FINAL
RANKING
HOUSEKEYS, INC. REVIEWS
APPLICANTS FOR ELIGIBILITY,
BEGINNING AT THE TOP OF THE
FINAL RANKING LIST PER
INCOME QUALIFICATIONS AND
OCCUPANCY PRIORITY
STAFF INSPECTS UNIT TO
ENSURE ITS HABITABILITY
REVIEW DEVELOPERS LEASE
AND PROVIDE CITY'S LEASE
AGREEMENT ADDENDUM TO
DEVELOPER
ONCE AN APPLICANT IS
ELIGIBLE, A SITE VISIT WILL BE
CONDUCTED BY THE
PROSPECTIVE TENANT
IF APPLICANT ACCEPTS THE
UNIT, THE LEASE AND THE
LEASE AGREEMENT WILL BE
COMPLETED
CONDUCT ANNUAL
RECERTIFICATION OF
ELIGIBILITY
Figure 1. Affordable Housing Placement Process
Planning Commission Report
Affordable Housing Guidelines Study Session
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TABLE 1 – MULTI-FAMILY RESIDENTIAL PLANNING ENTITLEMENTS
ADDRESS PROJECT
TYPE
PROPOSED
UNITS
VERY
LOW LOW MARKET RATE
DENSITY
BONUS
APPROVED IN 2023
457 N. Oakhurst
Dr. MFR 6 0 1 5 N
332 S. Doheny Dr. MFR 9 1 0 8 Y
55 La Cienega
Blvd. Mixed-use 105 11 0 94 Y
227 Tower Dr. MFR 10 1 0 9 Y
208 N. Crescent
Dr. MFR 10 1 0 9 Y
TOTAL 140 14 1 125 -
TABLE 2 – MULTI-FAMILY RESIDENTIAL PLANNING ENTITLEMENTS
ADDRESS PROJECT
TYPE
PROPOSED
UNITS
VERY
LOW LOW MARKET RATE
DENSITY
BONUS
SUBMITTED/UNDER REVIEW IN 2023
244-256 N. Clark
Dr. Senior Living 55 0 0 55 N
412 N. Oakhurst
Dr. MFR 9 2 1 6 Y
8800 Burton Way Mixed-use 25 3 0 22 Y
232 S. Doheny Dr. MFR 8 1 0 7 Y
177 S. Robertson
Blvd. Mixed-use 59 9 0 50 Y
227-231 N. Swall
Dr. MFR 18 2 0 16 Y
8811 Wilshire
Blvd. Mixed-use 42 5 0 37 Y
9229 Wilshire
Blvd. Mixed-use 56 6 0 50 Y
9600 Wilshire
Blvd. Specific Plan 70 0 0 70 N
TOTAL 342 28 1 313 -
Housing Element Implementation
The 2021-2029 Housing Element outlines goals, policies, and programs to meet current and projected housing needs in the city. It aligns with state legislative directives such as SB 330/SB 8, density bonus law, and the City's inclusionary housing ordinance by encouraging the accommodation of diverse housing needs, including housing for all income levels and special housing needs. To this end, the Housing Element implementation programs also require the City to continue the administration of an affordable housing program to maintain and monitor existing and new deed-restricted affordable housing units, with the Affordable Housing Guidelines serving as a tool for program management.
Implementation program 10.2 of the Housing Element calls for the maintenance of a contract with an affordable housing program administrator to assist with placing households into affordable Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
housing units. The City retained Housekeys in 2023 and the first task for Housekeys under its contract is a review of the affordable housing guidelines to improve management of the affordable housing program.
DISCUSSION
This section will provide an overview of the revisions made to the sections of the guidelines in this phase, which focuses on the sections pertaining to affordable rental units. The revised guidelines are provided in Attachment A. The revisions address issues that have arisen from staff's experience administering the affordable housing guidelines, and additionally, the revisions include provisions that leverage the expertise of the Housekeys, to integrate their best practices and recommendations. In addition, the revisions are guided by compliance with fair housing laws (SB 267, Civil Rights Act of 1866, Civil Rights Act of 1968 Title VIII, Fair Employment and Housing Act, and Unruh Civil Rights Act), a summary of which is provided in Attachment K. The guidelines have been modified as follows:
1. Overall Document Reorganization
The existing guidelines include six sections outlined in Table 3 below (Attachment B). The revised guidelines are now reorganized into seven sections which include dedicated guideline sections for developers and applicants of for-sale and rental affordable housing units (Attachment A).
Whereas the current guidelines are intended for developer use only and provide minimal standards for rental units. The additional sections will make the guidelines user-friendly for developers, applicants, staff, and the housing administrator.
Additionally, the occupancy priority list is removed from both “Guidelines for Developers – Rental Units” and “Guidelines for Applicants – Rental Units” and instead refers to the applicable BHMC section (BHMC §10-3-1528). There is also a revision to both sections which further clarifies the definition of displacement independent of the tiers shall include displacement by voluntary vacation of the unit (such as accepting cash for keys payment to move out) in relation to a * Guidelines for Developers – Rental Units and Guidelines for Applicants – Rental units for review.
TABLE 3. AFFORDABLE HOUSING GUIDELINES SECTION COMPARISON
EXISTING REVISED
Introduction Introduction
Definition of Terms Definition of Terms
Guidelines for Developers Guidelines for Developers – For Sale Units Affordable Unit Buyer and Renter
Qualifications
Guidelines for Developers – Rental Units*
Requirements for Buyers and Owners of
Affordable Units
Guidelines for Applicants – For Sale Units
Exceptions and Appeals Guidelines for Applicants – Rental Units* - Exceptions and Appeals
Planning Commission Report
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proposed development project on the site or if the unit is vacated pursuant to the Ellis Act1. The clarification aligns with staff practice and guidance from Housekeys. No other changes are proposed to the definition of displacement at this time.
2. Revisions to Guidelines for Developers of Rental Units The guidelines revisions incorporated into the “Guidelines for Developers – Rental Units” section focus on refining the sections previously outlined in the existing guidelines through the addition of clarifications and further detailed information. These items include referencing state and local laws, adhering to federal regulations for the calculation of total household income assets, clarifying permissible fees and charges in addition to rent, establishing design standards for units, outlining procedures for the application and screening process, and recertification procedures.
Furthermore, the revisions transfer processing and recertification responsibilities from developers to Housekeys, and more clearly outlines the responsibilities of the City, developers, and Housekeys throughout the placement process. A summary comparing the proposed revisions with the existing guidelines is provided in Table 4.
1 Ellis Act is a “no-fault” eviction law, due to the units being removed from the rental market.
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Affordable Housing Guidelines Study Session
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TABLE 4. GUIDELINES FOR DEVELOPERS – RENTAL UNITS (ATTACHMENT A)
TOPIC OBJECTIVE EXISTING REVISIONS
Units for
Rent
Overview,
PG. 1
Provide legislative
requirements for deed
restricted affordable
housing units, including: SB
330, SB 8, Density Bonus,
and Inclusionary Housing
Placed in the
introduction of
guidelines
Moved to “Guidelines for
Developers – Rental Units”.
Revised language to include
additional state and local law
explanations
Application
Process for
Developers,
PG. 2
Provide general entitlement
procedure
Outlined
application
process
Added discussion of Replacement
Unit Determination process and
appropriate land entitlement
approvals; added standard
requiring affordable units to be
comparable to market rate units
Housing
Agreements,
PG. 2
Require the Developer to
execute a Housing
Agreement
Outlined
requirements
Added the requirement that
Housing Agreement must also
describe how the project satisfies
the City’s Inclusionary Housing
requirement and other state law
requirements
Procedures
for Initial
Rent, PG. 4
Provide maximum monthly
rent, including fees and
charges in addition to rent
Does not include
discussion on
maximum monthly
rent, additional
fees and charges
Added maximum monthly rent
calculation, rent increase protocol,
pet fee and deposits, parking
fees/assignment, renter’s
insurance, utility allowance
(required to update annually), and
security deposit
Marketing
Plan, PG. 7
Provide requirement and
procedure to execute the
marketing plan
Outlined
management plan
requirements
Added requirement outline for
marketing plan (narrative
summary, application process
explanation, selection process
explanation, leasing training
timelines, opportunity drawing
timeline, marketing materials, and
application packet) and onboarding
checklist for developers; clarifies
that developer will work with
Housekeys to complete
Application
and
Screening
Process,
PG. 8
Describe responsibilities of
the property
owner/developer for the
application and screening
process
Placed the
responsibility of
the application
and screening
process, including
lottery upon the
property
owner/developer;
does not include
expansive
definition of
displacement
Added detailed description of the
application and screening process,
as executed by Housekeys;
includes discussion of occupancy
standards, priority list, and
responsibility of the property
owner/developer to pre-screen
applications for initial eligibility;
provides additional clarity on the
definition of displacement
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3. Revisions to Guidelines for Applicants of Rental Units The current Affordable Housing Guidelines do not have a dedicated section offering applicants information on rental unit requirements. While the existing guidelines contained some of this information in various sections, the proposed revisions will address this gap by introducing comprehensive guidelines specifically for rental unit applicants. This section will provide an overview of the rental unit application process, including application requirements, qualifications, household income calculation methods, credit score standards, tenant obligations, and details on the appeals procedure. Furthermore, the revisions will integrate the best practices and recommendations from Housekeys to enhance clarity and effectiveness. For a summary and overview of these revisions, please refer to Table 5 below.
Persons
Ineligible to
Occupy an
Affordable
Unit, PG. 11
Describe individuals who
are disqualified from
occupancy of an affordable
unit
Outlined two
categories of
disqualified
applicants
Added disqualification for
applicants who are convicted of a
felony and procedure for
background check
Annual
Report and
Monitoring,
PG. 11
Describe responsibility of
the property
owner/developer to provide
annual report on the
affordable housing unit and
that City will conduct site
visits and review household
income for verification
Outlined annual
reporting and
monitoring
requirements
Added procedures for Housekeys
as the responsible party for
conducting annual report with the
property owner/developer. and the
annual recertification process
TABLE 5. GUIDELINES FOR APPLICANTS – RENTAL UNITS (ATTACHMENT A)
TOPIC OBJECTIVE EXISTING REVISIONS
Process for
Renting an
Affordable
Unit, PG. 14
Provide applicant
information on the
procedures and
requirements
Outlined only in the
Guidelines for
Developers
Added detailed overview on
Housekeys procedures and
information for
applicant/application intake
Application
Requirements,
PG. 16
Outline application
requirements
Placed the
responsibility of the
application and
screening process,
including lottery upon
the property
owner/developer,
outlined in the
Guidelines for
Developers
Added discussion on
household composition and
places the responsibility for
the application process and
lottery process on
Housekeys
Description of
Qualification
Requirements,
PG. 17
Provide requirements
for eligibility of the
rental unit
Described qualification
requirements
Removed requirement for
citizenship
Household
Income. PG.
17 Provide calculation on
total household income,
Outlined a minimum
and a maximum total
Removed minimum and
maximum asset total, and
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
4. BHMC Occupancy Priority List Revision Recommendations The occupancy priority list for the placement of income-qualified applicants into deed-restricted affordable housing units was developed in 2005. In 2019, City Council amended the occupancy priority list. The current priority list was intended to give the highest priority to those who are displaced from existing multi-family housing units located in the city and provides priority to specific groups such as senior citizens and families with students enrolled in the Beverly Hills Unified School District (BHUSD). In the placement process, applicants are randomly ranked in a lottery, and then sorted based on their income qualification and their qualification for a specific tier on the occupancy priority list. As shown in Attachment G, the priority tiers 1 through 6 prioritize applicants that have experienced some type of displacement due to redevelopment, whether this is from the project site, or from another multi-family property located in the city. When filling affordable units, it has been the City’s experience thus far that while there have been applicants who stated they are qualified for tiers 1 through 6, upon review, there have been none that have qualified for these tiers. As such, applicants from tiers 7 (seniors) and 8 (only income qualified) 2 SB 267 states any applicant receiving a government rent subsidy, is not subject to the use of standard financial or income assessments as part of the rental housing application process, including a credit check.
The applicant may provide alternative evidence of financial responsibility and ability to pay, this includes but not limited to the following: government benefit payments, pay records, and bank statements, in instances in which there is a government rent subsidy.
and provides valid
income documentation
asset, with percentage
calculations for each
only applies 10% asset
calculation per state law
Credit Score,
PG. 21
Provide credit score
protocol
Described minimum
credit score required
Added SB 2672 explanation,
applicants receiving
government rent subsidy are
not subject to credit check
and can provide alternative
evidence of financial
responsibility
Occupancy
Priority, PG.
22 Identify household
prioritized by the City
Described adopted
City Occupancy
Priority List
Removed occupancy priority
list and referred to BHMC
Persons
Ineligible to
Occupy
Affordable
Housing Unit,
PG. 22
Describe individuals
who are disqualified
from occupancy
Outlined two
categories of
disqualified applicants
Added description on the
disqualification for applicants
who are convicted of a
felony
Tenant
Obligations,
PG. 22
Describe
responsibilities of
tenant
discussed in
developer annual
report and monitoring
Added annual tenant
recertification requirement
and protocol for tenants
maintaining or exceeding
allowed household income
Exceptions
and Appeals,
PG. 24
Provide appeals
process
City is responsible in
managing the appeal
process
Revised the appeal process
to be managed by
Housekeys, and then
referred to City for review,
and arbitration as a final step
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Affordable Housing Guidelines Study Session
July 11, 2024
have been the only type of applicants placed into the current inventory of affordable housing units in the city. While the current priority list is not functioning as it was originally intended, it is possible that there will be more applicants who meet the criteria for tiers 1 through 6 as more development takes place in the city that requires the demolition and displacement of existing tenants in multifamily housing. One change to the priority list that the City may want to consider to give priority to a larger number of people would be to change the definition of “displacement” that is applicable to the priority list.
Definition of Displacement in Current BHMC Occupancy Priority List Displacement is currently defined within each occupancy priority list tier as “income-qualified households displaced from a multi-family building in the city that have or will be displaced or evicted from a multi-family building tied to a redevelopment site.” The language in certain tiers (4, 5, and 6) places a time limit for whether a household is considered eligible as a displaced household. The first-time limit in these tiers applies if an applicant was displaced from a multifamily building that has been demolished for redevelopment within the last two years from the date the affordable housing unit becomes available for application. The second time limit from these tiers applies if the new development has received entitlements that are still active (not yet expired). In practice, entitlements are generally granted for an initial three-year period before they expire, and typically have the option to extend for an additional two years, for a total of up to five years during which the entitlements could be active. In the event that the demolition of the building at the project site and an active entitlement are successive, this would potentially result in a sevenyear period during which the displaced applicant is eligible to qualify for these tiers. However, given that the typical development timeline for a new building could exceed the time limits set for qualification as a displaced household, there could be households in tiers 4 through 6 who would initially qualify for higher priority into newly developed affordable housing units, but no longer qualify once these time limits expire.
Tiers 1, 2, and 3 apply to tenants who are displaced from a specific redevelopment site and these three tiers do not contain time limits. However these tiers may be somewhat redundant with the implementation of state law requirements under SB 8. SB 8 requires that all household occupants of protected units are entitled to a right of first refusal (Right to Return) to a comparable unit in the new housing development, whereas tiers 1, 2, and 3 provide priority to specific household groups for placement in a new development, with seniors and families with students in BHUSD being given additional preference for placement. Though SB 8 supersedes the City’s occupancy priority list, and would be implemented in practice, tiers 1, 2, and 3 could be interpreted as conflicting with SB 8 because they specify types of displaced households.
The City’s current approach to occupancy priority also does not apply any additional weighting to an application where an applicant meets more than one tier on the priority list. The City currently does not maintain an overall general waitlist for all affordable units. Instead, the City accepts applications on a project-by-project basis and generates a list that is randomly ordered and then ranked according to the occupancy priority list to fill available unit(s).
Public Comment regarding Occupancy Priority
Members of the public that have commented on the City’s existing priority list have consistently requested the City redefine “displacement”, as the concern is the current definition is too limited.
These parties have expressed a desire to prioritize Beverly Hills residents who have vacated their homes due to household damages or harmful conditions, to revise tier 1 of the priority list to Planning Commission Report
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include seniors generally displaced from the city (not just seniors who are displaced from the specific project site), to advocate for the establishment of a “waiting list” for affordable housing units, and to suggest an expansion of the definition of displacement to include periods exceeding two or five years. In addition, the parties have expressed concern that the current priority list does not provide enough opportunity for all who are interested in the affordable housing program.
Review of Priority Lists and Displacement in Other Cities In response to these concerns, staff surveyed three cities to compare their priority lists, the definition of displacement, and the priority list application processes as outlined in Table 6. The comparative analysis intends to provide an understanding of how the City’s current priority list and practices compare with those of similar jurisdictions. Please note revisions to the City’s priority list and the redefinition of the term “displacement” in the City’s code will require a zone text amendment, and a draft ordinance to address any changes could be brought to a future Planning Commission meeting for review if such direction is provided to staff. As presented in Table 6, the City of West Hollywood prioritizes current residents, while the City of Pasadena prioritizes current residents in deed-restricted affordable rental housing and is considered “overhoused.” Pasadena also prioritizes former residents, provided the household meets the established requirements. West Hollywood is the only city surveyed that prioritizes senior and disabled households as a higher priority. Additionally, all three cities prioritize individuals who work in these cities. Regarding the definition of displacement, all three cities do not include a term limiting displacement. Rather, displacement is defined with criteria for what the City considers as displacement. Lastly, Pasadena maintains an affordable housing waitlist by housing development but not overall cumulative affordable housing waitlist whereas Santa Monica and West Hollywood maintain one cumulative waitlist for all affordable housing units. At this time, the City maintains a waitlist for each affordable housing development based on the final lottery list of the housing development. More details on the survey are in Table 6, and the researched documents from the surveyed cities are attached to this report (Attachments H, I, and J). As shown in this summary, cities may choose to prioritize specific populations; staff requests the Planning Commission provide further direction regarding if they would recommend any changes to the priority list to provide greater opportunities for certain groups. These changes could address the concerns raised by certain interested parties, such as broadening the definition of displacement applicable to the priority list.
TABLE 6. CITY COMPARISON – PRIORITY LIST AND DISPLACEMENT
PRIORITY
RANK
BEVERLY
HILLS
WEST HOLLYWOOD SANTA MONICA PASADENA
1 Senior
Tenants
displaced from
project site
within BH (new
project)
Current residents 1A) Households who
have been displaced
from their homes within
12 months due to a
natural disaster,
government ordered
eviction, demolition of
the building,
owner/relative
occupancy of your
apartment, or eviction
due to the Ellis Act or
Mobile Home closure
Current residents in
City deed-restricted
affordable rental
housing and are
considered “overhoused”
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
1B) Emergency
Housing Voucher (EHV)
holder issued by SMHA
1C) Historically
Displaced Households
Pilot (approved
applicants)
2 BHUSD
students
displaced from
project site
(new project)
Senior disabled
households, including
those with HIV/AIDS
All others who either
live in the City or work
at least 25 hours per
week in SMC. Includes
job training programs
with a City employer or
who previously worked
in the City and now
receives retirement
benefits, workers
compensation,
unemployment benefits,
disability benefits, or
vocational rehabilitation
benefits from the City
Former residents,
provided the
household
maintained a
primary in the City
within 10 years of
application date and
lived in the City for a
minimum 5 years
3 Other tenants
displaced from
project site
within BH (new
project)
Persons who have been
displaced by removal of
the unit from the rental
market
By date and time that
the applicant is
submitted
City residents and
work within the City
4 Displaced
seniors from
MFR within BH
Households that are rentburdened, defined as
being more than 50% of
gross household income
- City residents but do
not work within the
City
5 Displaced
tenants from
MFR within BH
with BHUSD
students
People living in overcrowded quarters, defined
as more than two persons
a bedroom
- Applicants who work
but do not reside
within the City
6 Other
Displaced
households
within BH
Persons currently working
within the City
- Applicants displaced
from their residence
in Pasadena by City
government action
7 Senior
households
Households whose
current rent significantly
exceeds inclusionary rent
and who have declined
units on no more than one
occasion
- -
8 Other incomequalified
households
- - -
Displacement
Definition
Income
qualified
households
displaced from
a multi-family
building in the
City that have
Does not have a
definition. However
footnote under
“Application Priority”
mentions “ "residents who
have been served with
notice to vacate for a noPersons who have
been permanently
displaced or face
permanent
displacement from their
housing residences in
Santa Monica as a
Involuntary
displacement
definition include:
disaster or
government action,
termination of
tenancy, domestic
Planning Commission Report
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July 11, 2024
or will be
displaced or
evicted from a
multi-family
building in the
City other than
the project
site. Only Tier
6 places a
displacement
term limit of
two years.
fault reason under West
Hollywood Municipal
Code Section 17.52.010
(e.g., Ellis Act eviction)"
result of any of the
following: a) Ellis Act,
owner-occupancy, or
removal permit eviction;
b) Earthquake, fire,
flood, or other natural
disaster; c) Funding
reductions in Santa
Monica housing
voucher assistance
programs; d)
Governmental Action,
such as Code
enforcement; e)
Closure of a mobile
home park
violence, witness
protection program,
hate crimes,
inaccessibility of
unit, substandard
housing, and
homelessness
Cumulative
Priority
N/A Priorities are cumulative
based on the individual’s
number of qualifying
priority categories.
Therefore, an applicant
with the highest number
of priority categories met
will be ranked higher.
The City maintains one
priority list and if an
applicant has multiple
priorities they would be
placed higher
depending on which
priority they qualify for.
For example, priority is
given to applicants that
live/work in the City
(Second Priority) but if
the applicant also
suffered displacement
in the City they would
be considered to be at
the First Priority level.
No, the priorities are
not cumulative.
Selection of an
applicant is based
on the highest
priority level for
which an applicant
qualifies.
Application To all
affordable/incl
usionary
housing
program units.
Applies to Inclusionary
Housing Program units.
The priority list applies
to
affordable/inclusionary
housing built by private
developers and below
market housing
operated by non-profit
partners in city-owned
properties (with few
exceptions).
It applies to all
housing units that
are subject to a
recorded City
affordable housing
regulatory
agreement.
WAITLIST NO Yes, cumulative waitlist
for all housing
developments
Yes, cumulative waitlist
for all housing
developments
Yes, per housing
development
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July 11, 2024
SUMMARY OF CONSIDERATIONS
In summary, staff recommends the Planning Commission consider the following questions and topics in this preliminary discussion:
• Guidelines for Developers and Applicants – Rental Units o Are the revisions appropriate? If not, what items should be further clarified or omitted?
• Occupancy Priority List and Displacement
o To date, in practice, applicants within tiers 1 through 6 have not been utilized, as all applicants who have been placed into affordable housing units are in tier 7 or tier 8. The Commission may want to consider the following potential questions:
▪ Does the current occupancy priority list meet the City’s goals for providing housing for diverse needs and populations that is compliant fair housing law?
▪ Should the occupancy priority list prioritize individuals who are existing or previous residents of the city?
▪ Should the occupancy priority list be revised to prioritize other special needs or groups, such as disabled individuals, veterans, or those who work in the city (pursuant to Fair Housing Laws)?
o Although the guidelines include a clarification to the definition of “displacement” to include the voluntary vacation of a unit, should the definition be further refined in the code to address the following:
▪ Should displacement include individuals who are evicted? ▪ Should the displacement period be extended to seven years across the board, or should the time limit be removed altogether?
• Currently, displaced households are limited to between two or seven years for certain priority tiers. However, the redevelopment process, which includes demolition, entitlement, and construction phases, may sometimes exceed these time limits. Removing or extending the time limit further may help qualify persons displaced from existing multi-family housing that has been demolished due to redevelopment for more than two or seven years.
▪ Should the definition of displacement be revised to include individuals who have vacated a unit due to habitability issues in the unit (i.e. mold, etc.)? GENERAL PLAN AND HOUSING ELEMENT GOALS AND POLICIES3
The General Plan and Housing Element provides goals and policies to help guide development in the city. The policies relevant to this Planning commission study session relating to the Affordable Housing Guidelines are summarized as Attachment C. 3 Available online at www.beverlyhills.org/generalplan
Planning Commission Report
Affordable Housing Guidelines Study Session
July 11, 2024
PUBLIC OUTREACH AND NOTIFICATION
A study session meeting does not require public notification beyond publication of the meeting agenda. However, a courtesy public notice for the June 26, 2024, study session was published in all local newspapers, and a 20-day courtesy email notification was sent to the interested parties list for this topic. Staff has only received two written public comments for the June 26, 2024 study session, addressing concerns for the City’s current occupancy priority list and utility allowance for affordable housing rental units (Attachment L). The study session was continued to a date certain (July 11, 2024) from the June 26th meeting. A courtesy email notification was sent to the interested parties list to inform them of the continuance.
NEXT STEPS
Staff recommends the Planning Commission conduct the study session to provide input and to provide the public the opportunity to comment on the proposed revisions to the existing Affordable Housing Guidelines and provide input on potential revisions to the occupancy priority list for deed restricted affordable housing units. The City Council will consider the amended Affordable Housing Guidelines at a future date. In addition, if the Planning Commission directs staff to draft revisions to the occupancy priority list or the definition of displacement, staff will return at a future hearing with a draft ordinance for review and recommendation by the Planning Commission to City Council.
Report Reviewed By:
Masa Alkire, AICP
Assistant Director / City Planner
Community Development Department