ATTACHMENT 7 - 1
Overview of Regula�ons on Enforcement Mechanism
Jurisdic�ons Enforcement Mechanism
Bell Gardens • A tenant’s refusal to pay unlawful rent increase shall be an affirma�ve defense in any ac�on brought to recover possession of a rental unit or to collect the rent increase owed.
• A landlord or a tenant can file an administra�ve pe��on for rent adjustment with the City’s Community Development Dept. • Tenants can seek legal ac�on in a court of competent jurisdic�on for viola�on of local regula�on on rental housing. • City of Bell Gardens Community Development Dept. can conduct administra�ve review of applica�ons pursuant to Bell Gardens Municipal Code (BGMC). Any party dissa�sfied with the Department’s decision can request an appeal of the department’s decision to a hearing officer, unless otherwise prohibited by BGMC. Further, any person aggrieved by administra�ve decision of hearing officer can seek judicial review of hearing officer decision. • Any landlord or tenant who violates local regula�ons on rental housing is subject to an administra�ve fine as determined by the City Council. Any landlord or tenant who receives a no�ce of administra�ve fine may request an administra�ve hearing before a hearing officer. Further, any landlord or tenant may seek judicial review of a hearing officer’s decision pertaining to the imposi�on of an administra�ve fine.
• Tenants can bring civil ac�on and/or proceedings in a court of competent jurisdic�on for civil penal�es, injunc�ve, declaratory, and other equitable relief in case of viola�on of local regula�ons on rental housing. • Any person viola�ng local regula�ons on rental housing shall be guilty of misdemeanor and punished by fine or imprisonment. • A tenant may assert as an affirma�ve defense a landlord’s failure to comply with local regula�ons on rental housing. • An�-Retalia�on – Retalia�on claims may only be brought in a court and may not be addressed administra�vely. For viola�on of regula�ons on an�-retalia�on and an�-harassment, a tenant may ins�tute civil ac�on for injunc�ve relief, direct money damages and other relief that the court deems appropriate.
Beverly Hills • Beverly Hills Municipal Code (BHMC) provides regula�ons on administra�ve penal�es for viola�on of local regula�ons on rental housing.
• Any unlawful rent increase shall be a defense in any ac�on brought to recover possession of a rental unit or to collect rent. • An�-Retalia�on – Any landlord ac�on brought in retalia�on shall be grounds for denial of the request for possession of a rental unit.
• BHMC provides civil remedies to tenants to recover the payment of rent in excess of the maximum lawful rent allowed by BHMC Chapter 6 or to collect any reloca�on fee, or whenever it is necessary for the tenant to defend against any wrongful ac�on filed in court by the landlord to recover the possession of the tenant's unit. The landlord shall be liable to the tenant for damages.
ATTACHMENT 7 - 2
Claremont • Viola�on of regula�ons on statement of just cause and reloca�on assistance shall render a no�ce of termina�on of a tenancy void and shall be an affirma�ve defense to an unlawful detainer ac�on.
Culver City • Landlords can file a Rent Adjustment Applica�on with the Culver City Housing Division to contend the limita�on a rent increase.
Tenants can file a pe��on with the CC Housing Division if a tenant wants to contend a rent increase or reduc�on in housing services.
• The City has in place an Administra�ve Cita�on Process set forth in Chapter 1.02 of Culver City Municipal Code (CCMC).
Addi�onally, each viola�on is subject to administra�ve fine of up to $1000. • The City Atorney is authorized to bring a civil ac�on and/or proceedings for civil penal�es, injunc�on, declaratory and other equitable relief, res�tu�on and reasonable atorney’s fees and costs in case of viola�on of regula�ons on rental housing. • Further, any person viola�ng any of the local regula�ons on rental housing shall be deemed guilty of a misdemeanor, which shall be punishable pursuant to CCMC.
• Culver City Housing Division can issue administra�ve cita�on & fines of up to $1,000. Any person who receives an administra�ve cita�on may request an administra�ve hearing before a hearing officer in accordance with Chapter 1.02 of CCMC. Further, any responsible person may seek judicial review of a hearing officer's decision pertaining to the imposi�on of an administra�ve fine in accordance with Chapter 1.02 of CCMC.
• Any tenant aggrieved by a viola�on of local regula�ons on rental housing may bring a civil suit in an appropriate State or federal court.
• Retalia�on claims may be raised as a defense in an unlawful detainer ac�on or may be raised in other appropriate judicial proceedings and the court may consider the protec�ons afforded by CCMC in evalua�ng a claim of retalia�on.
Glendale • The City can issue administra�ve cita�ons and fines and any other administra�ve procedure set forth in the Municipal Code to enforce the local regula�ons on rental housing.
• Viola�on of local regula�ons on rental housing shall provide tenants with a defense in any legal ac�on brought by landlord to recover possession of rental unit or to collect rent.
• A tenant may seek injunc�ve relief on his or her own behalf and on behalf of other affected tenants to enjoin the landlord’s viola�on of local regula�ons on rental housing.
• Landlords can seek money damages for a tenant’s failure to reimburse reloca�on assistance if a tenant fails to vacate a rental property.
• In addi�on to the affirma�ve defense or any other rights of a tenant under law, viola�on of regula�on on an�-retalia�on shall be punishable as an infrac�on by a way of an administra�ve fine.
Long Beach • In case of viola�on of local regula�ons on rental housing including tenant harassment, a tenant can seek civil ac�on for injunc�ve relief, direct money damages, civil penalty of no less than $2,000 & no more than $5,000 per viola�on.
ATTACHMENT 7 - 3
• In case of invalid termina�on no�ce, a tenant can ins�tute a civil ac�on to enforce the provisions of Long Beach Municipal Code. A landlord will be liable in a civil ac�on to the tenant for a civil penalty of up to $15,000 and/or reasonable atorney's fees and costs, each as determined by the court.
Pasadena • Landlords & Tenants can file a pe��on reques�ng rent adjustment with the Rental Board. Further, landlords & tenants can seek judicial review of Rental Board decision.
• Tenants can file an administra�ve pe��on or file a civil suit against a landlord in case of unlawful rent increase. • Viola�on of local regula�ons on rental housing including tenant protec�on shall be punishable as an infrac�on by a way of an administra�ve fine.
• Any Landlord that violates this Ar�cle shall be guilty of a misdemeanor and shall be punished in accordance with Sec�on 1.24.010 of the Pasadena Municipal Code (PMC).
• A Landlord's failure to comply with required local provisions on rental housing is a complete affirma�ve defense in an unlawful detainer or other ac�on brought by the Landlord to recover possession of the Rental Unit. • PMC allows for injunc�ve & other civil relief to enforce local regula�ons on rental housing. • Rental Board or City Atorney may bring a civil or administra�ve ac�on to enforce the Tenant's rights under PMC. • Evic�on of vic�ms of domes�c violence or sexual assault or stalking or abuse shall be a defense to an ac�on for possession of a unit under PMC Sec�on 1806(a)(3)-(4) if the no�ce to vacate is substan�ally based upon the act or acts cons�tu�ng domes�c violence or sexual assault or stalking or abuse against the Tenant or a Tenant's household member including but not limited to an ac�on for possession based on complaints of noise, disturbances, or repeated presence of police.
County of
Los Angeles
• A tenant can ins�tute civil ac�on for viola�ng local regula�ons on rental housing. • Dept. of Consumer and Business Affairs (DCBA) can review applica�ons pursuant to Los Angeles County Code (LACC). DCBA’s decision can be appealed to the Rental Oversight Commission. • DCBA can issue no�ce of viola�on and administra�ve fines. Any landlord or tenant who receives a no�ce of administra�ve fine can seek administra�ve hearing before a hearing officer. Further, any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposi�on of an administra�ve fine. • A tenant is authorized to bring a civil ac�on and/or proceeding in a court of competent jurisdic�on for civil penalty, injunc�ve, declaratory, and other equitable relief in case of viola�on of local regula�ons on rental housing. • Any person who violates local regula�ons on rental housing shall be guilty of a misdemeanor and punished by a fine or imprisonment.
• Any person who violates local regula�ons on rental housing may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each viola�on.
ATTACHMENT 7 - 4
• Any regula�ons pertaining to tenant protec�ons included in LACC shall cons�tute an affirma�ve defense for a tenant in any civil unlawful detainer ac�on brought pursuant to California Code of Civil Procedure sec�on 1161, and any other civil ac�on seeking repossession and repayment of rental debt.
• An�-harassment & An�-Retalia�on – Tenant can ins�tute a civil ac�on for injunc�ve relief, direct money damages, & any other relief that a court deems appropriate including civil penalty of no less than $2,000 and no more than $5,000.
ATTACHMENT 7 - 5
Summary of Regula�ons on Enforcement Mechanism
Jurisdic�ons Regula�ons
Bell Gardens
(Rent
Stabilization
Chapter &
Tenant
Protections
Chapter
effective
since
October
2022)
• Per BGMC Sec�on 5.62.040(I) (Permited rent increases for covered rental units), A tenant may refuse to pay a rent increase which is in viola�on of this chapter. Such refusal to pay the unallowed increased amount in excess of permited rent charges shall be an affirma�ve defense in any ac�on brought to recover possession of a rental unit or to collect the rent increase owed. (Ord. 925 § 2, 2022).
• Per BGMC Sec�on 5.62.070(A) (Pe��on for rent adjustment), a landlord may file an applica�on with the community development department of the city of Bell Gardens to request an increase in rent for a covered rental unit in excess of that which is permited under BGMC 5.62.040 and 5.62.050 to in good faith ensure a fair and reasonable return on the landlord’s investment.
• Per BGMC Sec�on 5.62.070(B) (Pe��on for rent adjustment), a tenant of a covered rental unit may file an applica�on for rent adjustment with the community development department of the city of Bell Gardens for its determina�on in order to ensure that the tenant receives any adjustment they may be en�tled to because of a landlord’s poten�al viola�on(s) of this chapter. A tenant must file such applica�on for rent adjustment within 180 days from the date the tenant knew, or reasonably should have known, of the landlord’s poten�al viola�on(s).
• Per BGMC Sec�on 5.63.040 (D) Any ac�on brought by a tenant for a viola�on of this sec�on must be brought in a court of competent jurisdic�on. No administra�ve remedy need be exhausted prior to filing suit pursuant to this sec�on. (Ord. 925 § 3, 2022).
• Per BGMC Sec�ons 5.63.080 & 5.62.110 (Enforcement), the city of Bell Gardens community development department is authorized to take appropriate steps it deems necessary to administer and enforce BGMC chapter
5.62. • BGMC Sec�on 5.62.120 provides regula�ons on administra�ve review and appeals, pursuant to which, city of Bell Gardens community development department shall review and evaluate applica�ons pursuant to this chapter and issue a no�ce of decision in accordance with its procedures and guidelines.
ATTACHMENT 7 - 6
- BGMC Sec�on 5.62.120 (B) (Appeal), any party dissa�sfied by the department’s final decision pursuant to this chapter may request an appeal of the department’s decision to a hearing officer, unless otherwise prohibited by this chapter. The decision of the hearing officer shall be final and not subject to further appeal
- Hearing officer means the person designated by the city manager or designee to conduct a review hearing and decide pe��ons and appeals under BGMC chapter 5.62. - BGMC Sec�on 5.62.120 (I), (Judicial Review of Hearing Officer Decision). Any person directly aggrieved by an administra�ve decision of a hearing officer pertaining to a request for appeal of a director’s decision under this chapter, may seek judicial review in the court pursuant to Government Code Sec�on 53069.4 and/or Code of Civil Procedure Sec�ons 1094.5 and 1094.6. (Ord. 925 § 2, 2022).
• BGMC Sec�ons 5.63.090 & 5.62.130 provides regula�ons on administra�ve cita�ons. - Any landlord or tenant who violates any provision of this chapter, or department’s procedures and guidelines, is subject to an administra�ve fine as set in a schedule of fines adopted by resolu�on by the city council as provided in Chapter 1.16 BGMC.
- Remedies are Cumula�ve. Each day that a viola�on con�nues shall cons�tute a separate and dis�nct offense for which an administra�ve fine may be imposed. The remedies set forth in this sec�on are cumula�ve and in addi�on to any other penalty provided by law, including any remedies which may be sought in a civil ac�on. The provisions of this chapter shall not be construed as limi�ng any party’s right to obtain relief to which he or she may be en�tled at law or in equity. - No�ces of Viola�on and Administra�ve Fine. If the Bell Gardens community development department determines that a landlord or tenant has violated this chapter, the department may issue no�ces of viola�on and administra�ve fine in accordance with the authority and procedures set forth in Chapter
1.16 BGMC.
- Administra�ve Appeals and Judicial Review.
Administra�ve Appeal. Any landlord or tenant who receives a no�ce of administra�ve fine may request an administra�ve hearing before a hearing officer in accordance with Chapter 1.16 BGMC.
Judicial Review of Hearing Officer Decision. Any landlord or tenant may seek judicial review of a hearing officer’s decision pertaining to the imposi�on of an administra�ve fine in accordance with Chapter 1.16 BGMC. (Ord. 925 § 2, 2022).
ATTACHMENT 7 - 7
• BGMC Sec�ons 5.63.100 & 5.62.140 provides regula�ons on remedies. - Civil Liability. Any tenant, or any other person or en�ty ac�ng on behalf of the tenant, who will fairly and adequately represent the tenant’s interest, including the city, is authorized to bring a civil ac�on and/or proceeding in a court of competent jurisdic�on for viola�on of this chapter, for civil penal�es, injunc�ve, declaratory and other equitable relief, res�tu�on and reasonable atorneys’ fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable atorneys’ fees and costs to a landlord who prevails in any such ac�on if the court determines that the tenant’s ac�on was frivolous.
- Civil Penalty. Any person viola�ng any of the provisions, or failing to comply with any of the requirements of this chapter, may be liable for a civil penalty not to exceed $1,000 for each viola�on. - Criminal Penalty. Any person viola�ng any of the provisions or failing to comply with any of the requirements of this chapter, shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both. - Defense to Evic�on. A tenant may assert as an affirma�ve defense a landlord’s failure to comply with the provisions of this chapter in any ac�on by a landlord to recover possession of a rental unit. - Each viola�on of any provision of this chapter, and each day during which any such viola�on is commited, permited or con�nued, shall cons�tute a separate offense. - The above remedies are not exclusive and do not preclude the city or any tenant from seeking other remedies or penal�es provided by applicable law. (Ord. 925 § 2, 2022).
• BGMC Sec�on 5.63.060 (A) provides regula�ons on an�-retalia�on. Retalia�on claims may only be brought in court and may not be addressed administra�vely. A court may consider the protec�ons afforded by chapter 5.63 in evalua�ng a claim of retalia�on. Further, a tenant may assert retalia�on affirma�vely or as a defense to the landlord’s ac�on regardless of the period of �me which has elapsed between the tenant’s asser�on or exercise of rights under this chapter and the alleged act of retalia�on.
• BGMC Sec�on 5.63.060(C) (Remedies and Penal�es), states that in case of viola�on of an� -harassment & an�- retalia�on regula�ons, a n aggrieved tenant may ins�tute a civil ac�on, as allowed under BGMC 5.63.100, for injunc�ve relief, direct money damages, and any other relief that the court deems appropriate. Addi�onally, the above remedies are not exclusive and do not preclude any tenant from seeking other remedies or penal�es ATTACHMENT 7 - 8
provided by this chapter or applicable law. No administra�ve remedy need be exhausted prior to filing suit pursuant to this sec�on. (Ord. 925 § 3, 2022).
Beverly Hills
(Revised
Rent
Stabilization
Regulations
effective
since
February
2017)
BHMC Chapter 5, Sec�on 4-5-701:
• BHMC Ar�cle 7, Sec�on 4 -5-701 provides regula�ons on illegal rent, withdrawal of reloca�on fees, and reduc�on of housing services as well as unlawful evic�ons.
• Pursuant to BHMC Sec�on 4-5-703, a landlord is liable to the dispossessed tenant in a civil ac�on for treble the amount of the rent which would have been payable by the tenant, had the tenant not been dispossessed. Addi�onally, for the en�re period of dispossession, not exceeding six months, and in any such ac�on the tenant shall also be en�tled to payment by the landlord of the tenants reasonable atorney fees and costs as determined by the court.
• Per BHMC Sec�on 4 -5-704, a tenant may refuse to p ay rent increase which is in viola�ons of provision of BHMC Chapter 5, and such viola�on shall be a defense in any ac�on brought to recover the possession of a unit or to collect rent.
• Further per BHMC Sec�on 4-5-704, a court may consider as grounds for denial any viola�on of any provision of BHMC Chapter 5 in any ac�on brought to recover the possession of a unit. Moreover, a court determina�on that the ac�on was brought in retalia�on for the exercise of any right conferred by this chapter shall also be grounds for denial.
• BHMC Sec�on 4 -5-705 provides civil remedies to tenants to recover the payment of rent in excess of the maximum lawful rent allowed by BHMC Chapter 5, or to collect any reloca�on BHMC Chapter 6, Sec�on 4-6-12:
• This Sec�on provides regula�ons on illegal
rent, withholding of reloca�on fees, as
well as reduc�on of housing services.
• Per BHMC Sec�on 4-6-12(C), a tenant may
refuse to pay any rent increase which is in
viola�on of provision in this chapter and
such viola�on shall be a defense in any
ac�on brought to recover the possession
of an apartment unit or to collect rent.
• Addi�onally, BHMC Sec�on 4- 6-12(C-2),
provides enforcement regula�on on an�-
retalia�on. If a court determines that an
ac�on by a landlord was brought in
retalia�o
n f o r t h e e x e r c i s e o f a n y r i g h t conferred by BHMC Chapter 6, it shall be
grounds for denial of the request for
possession.
• BHMC Sec�on 4 -6-12(C-3) provides civil
remedies to tenants to recover the
payment of rent in excess of the maximum
lawful rent all owed by BHMC Chapter 6,
or to collect any reloca�on fee, or
whenever it is necessary for the tenant to
defend against any wrongful ac�on filed in
court by the landlord to recover the
ATTACHMENT 7 - 9
fee, or whenever it is necessary for the tenant to defend against any wrongful ac�on filed in court by the landlord to recover the possession of the tenant's unit, the landlord shall be liable to the tenant for damages in the amount of five hundred dollars ($500.00) or not more than three (3) �mes the amount by which the payment or payments demanded,
accepted, received, or retained exceed the lawful amount of rent or reloca�on fees due to the tenant, whichever is greater.
The prevailing party in any such suit shall be en�tled to reasonable atorney fees and costs as determined by the
court.
• BHMC Sec�on 4 -5-706 provides regula�ons pertaining to penal�es and punishments for viola�on of provisions.
• BHMC Sec�on 4 -5-707 provides regula�on related to
administra�ve penal�es wherein no building , demoli�on, or moving permit shall be issued unless the applicant has
complied with al the provisions of BHMC Chapter 5 applicable to units on which the proposed work is to be done.
possession of the tenant's unit, the
landlord shall be liable to the te nant for
damages in the amount of five hundred
dollars ($500.00) or not more than three
(3) �mes the amount by which the
payment or payments demanded,
accepted, received, or retained exceed
the lawful amount of rent or reloca�on
fees due to the tenant, whichever is
greater. The prevailing party in any such
suit shall be en�tled to reasonable
atorney fees and costs as determined by
the court.
• Further, BHMC Sec�on 4 -6-12(C-3)
provides regula�ons pertaining to
penal�es and punishments for viola�on of
provisions.
Claremont
(Just Cause
Eviction
Ordinance
effective
since June
2023)
• Per CMC Sec�on 8.34.030 (Reloca�on assistance required for “no -fault” evic�ons), a landlord’s failure to strictly comply with this sec�on shall render the no�ce of termina�on by a landlord void and shall be an affirma�ve defense to an unlawful detainer ac�on.
• Per CMC Sec�on 8.34.020(C) (“Just cause” required for “no-fault” evic�ons), a landlord’s failure to strictly comply with this sec�on shall render a no�ce of termina�on of a tenancy void and shall be an affirma�ve defense to an unlawful detainer ac�on.
Culver City
(Rent
Control
Ordinance &
• Pursuant to CCMC Sec�on 15.09.220, Landlords may file a Rent Adjustment Applica�on with the CC Housing Division if a landlord wants to contend the limita�on on rent increase. Rent Adjustment Applica�on is considered and determined by Director per Housing Division guidelines. The Director’s decision can be appealed.
ATTACHMENT 7 - 10
Tenant
Protections
Ordinance
effective
since
October
2020)
• Pursuant to CCMC Sec�on 15.09.235, tenants can file a pe��on with the CC Housing Division if a tenant wants to contend a rent increase or reduc�on in housing services. Tenant pe��on f or non-compliance will be considered and determined by the director per Housing Division guidelines. The Director’s decision can be appealed.
• Pursuant to Sec�on 15.09.245 of CCMC, CC Housing Division is authorized to enforce regula�ons pertaining to rental housing, including conduc�ng inves�ga�ons of possible viola�ons by a landlord. The City has in place an Administra�ve Cita�on Proces s set forth in Chapter 1.02 of CCMC. Addi�onally, each viola�on is subject to administra�ve fine of up to $1000.
• Pursuant to CCMC Sec�on 15.09.235, the City Atorney is authorized to bring a civil ac�on and/or proceedings for viola�on of regula�on s on rental housing (contained in chapter 15.09 of CCMC) for civil penal�es, injunc�on, declaratory and other equitable relief, res�tu�on and reasonable atorney’s fees and costs and may take such other steps as necessary to enforce the chapter. Furthe r , a n y p e r s o n v i o l a � n g a n y o f t h e p r o v i s i o n s o f t h i s subchapter shall be deemed guilty of a misdemeanor, which shall be punishable as provided in Chapter 1.01 of CCMC.
• Per CCMC Sec�on 15.09.250 Civil Remedies – Tenants aggrieved by a viola�on of this subchapter may bring a civil suit in an appropriate state or federal court. A landlord found to be in viola�on of this subchapter shall be liable to the aggrieved tenant for damages and for tenant's atorneys' fees and costs.
• Pursuant to Sec�on 15.09.340 (A)(3), retalia�on claims may be raised as a defense in an unlawful detainer ac�on or may be raised in other appropriate judicial proceedings and the court may consider the protec�ons afforded by this subchapter in evalua�ng a claim of retalia�on. Landlords shall not be subject to the city's enforcement of this § 15.09.340.A under § 15.09.345.
• Per Sec�on 15.09.345 (A) (Administra�ve Cita�ons), the housing division is authorized to take appropriate steps to enforce this subchapter, including conduc�ng inves�ga�ons of possible viola�ons by a landlord. The city, in its sole discre�on, may choose to enforce the provisions of this subchapter through the administra�ve cita�on process set forth in Chapter 1.02 of this code. Notwithstanding any provision in Chapter 1.02 to the contrary, each viola�on of any provision of this subchapter may be subject to an administra�ve fine of up to $1,000.
ATTACHMENT 7 - 11
• Per Sec�on 15.09.345 (B) (Administra�ve appeals and judicial review of administra�ve cita�ons), - Administra�ve appeal - any person who receives an administra�ve cita�on may request an administra�ve hearing before a hearing officer in accordance with Chapter 1.02 of this code. - Judicial review of hearing officer decision. Any responsible person may seek judicial review of a hearing officer's decision pertaining to the imposi�on of an administra�ve fine in accordance with Chapter 1.02 of this code.
• Per Sec�on 15.09.345 (C) (Civil ac�on). The City Atorney is authorized to bring a civil ac�on and/or p roceeding for viola�on of this subchapter, or any guideline or rule promulgated pursuant to § 15.09.365, for civil penal�es, injunc�ve, declaratory and other equitable relief, res�tu�on and reasonable atorneys' fees and costs and may take such other steps as necessary to enforce this subchapter.
• Per Sec�on 15.09.345 (D) (Criminal penalty). Any person viola�ng any of the provisions of this subchapter shall be deemed guilty of a misdemeanor, which shall be punishable as provided in Chapter 1.01 of this code.
• P e r S e c � o n 1 5 . 0 9 . 3 4 5 ( E ) ( S e p a r a t e v i o l a � o n ) . E a c h s e p a r a t e d a y , o r a n y p o r � o n t h e r e o f , d u r i n g w h i c h a n y viola�on of this subchapter occurs or con�nues, cons�tutes a separate viola�on.
• Per Sec�on 15.09.345 (F) (Remedies cumula�ve).
- The remedies, viola�ons, and penal�es set forth in this subchapter are cumula�ve and in addi�on to all other remedies, viola�ons, and penal�es set forth in this code, or in any other city, county, State or federal ordinance, laws, rules or regula�ons.
- The city's decision to pursue or not pursue enforcement of any kind shall not affect a tenant's rights to pursue civil remedies in accordance with § 15.09.350.
• Per Sec�on 15.09.350 (Civil Remedies), any tenant aggrieved by a viola�on of this subchapte r may bring a civil suit in an appropriate State or federal court. A landlord found to be in viola�on of this subchapter shall be liable to the aggrieved tenant for damages and for tenant's atorneys' fees and costs. Tenants are not required to exhaust their administra�ve remedies under this subchapter prior to filing suit pursuant to this § 15.09.350.
ATTACHMENT 7 - 12
Glendale
(Ordinance
#6019
effective
since March
2024)
• Pursuant to GMC Sec�on 9.30.050 (Affirma�ve defense and remedies):
- Defense to Ac�on to Recover Possession. Failure of a landlord to comply with any of the provisions of GMC chapter 9.30 shall provide the tenant with a defense in any legal ac�on brought by the landlord to recover possession of the rental unit or to collect rent.
- Injunc�ve Relief. A tenant may seek injunc�ve relief on his or her own behalf and on behalf of other affected tenants to enjoin the landlord’s viola�on of this chapter. - Money Damages. A landlord may seek money damages for a tenant’s failure to reimburse reloca�on assistance if the tenant ul�mately fails to vacate the residen�al property following a landlord-caused termina�on where a landlord provides a proposed rent increase that raises the rent, or proposed mul�ple rent increases that cumula�vely raise the rent, to an amount more than 7% greater than the rent at any �me during a 12 month period.
- Remedies Are Nonexclusive. Remedies provided in this sec�on are in addi�on to any other exis�ng legal remedies and are not intended to be exclusive.
- Cost Recovery. The prevailing party in an ac�on for wrongful evic�on and/or failure to pay reloca�on assistance or reimburse reloca�on assistance shall recover costs and reasonable atorneys’ fees.
• Pursuant to GMC Sec�on 9.30.055 (Enforcement Procedures), The cit y, at its sole discre�on, may choose to enforce the provisions of this chapter through administra�ve fines, administra�ve cita�ons and any other administra�ve procedure set forth in Chapters 1.20 and 1.24 of the municipal code, as amended. The city’s decision to pursue or not pursue enforcement of any kind shall not affect a tenant’s rights to pursue civil remedies.
• Pursuant to GMC Sec�on 9.30.070 (Penalty for viola�ons), In addi�on to the affirma�ve defense or any other rights of a tenant under law, a viola�on of the provisions of Sec�on 9.30.060 which deals with an�-retalia�on shall be punishable as an infrac�on as follows:
- A fine not exceeding $250 for the first viola�on;
- A fine not exceeding $500 for a second viola�on within one year; • Notwithstanding any provision to the contrary, a third viola�on of Sec�on 9.30.060 in any one year period shall cons�tute a misdemeanor punishable as set forth under Sec�on 1.20.010(A).
Long Beach
(Tenant
Relocation
• Per LBMC Sec�on 8.101.040(A) (Remedies & Penal�es), if an owner violates the terms of LBMC Chapter 8.101 (Tenant Harassment), an aggrieved tenant may ins�tute a civil ac�on for injunc�ve relief, direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less ATTACHMENT 7 - 13
Assistance
Ordinance
effective
since June
2019)
than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per viola�on, at the discre�on of the court. If the aggrieved tenant is older than sixty -five (65) or disabled, the court may award an addi�onal civil penalty of up to Five Thousand Dollars ($5,000) per viola�on, at the discre�on of the court.
• Per LBMC Sec�on 8.101.040(B), The court may award reasonable atorneys' fees and costs to a tenant who prevails in any such ac�on. The court may award reasonable atorneys' fees and costs to an owner who prevails in any such ac�on if the court determines that the tenant's ac�on was frivolous. The above remedies a re not exclusive and do not preclude any tenant from seeking other remedies or penal�es provided by applicable law.
• Per LBMC Sec�on 8.99.020(i), any owner of residen�al real property who inten�onally violates LBMC Chapter
8.99, when issuing an invalid termina�on no�ce pursuant to subparagraph 2(D) of subdivision (b) (pertaining to no-fault just cause evic�on due to intent to demolish or to substan�ally remodel a residen�al real property), shall be liable in a civil ac�on to the tenant for a civil penalty in an amount of up to fi�een thousand dollars ($15,000), and/or reasonable atorney's fees and costs, each as determined by the court. A tenant may enforce the provisions of this subdivision (i) by means of a civil ac�on.
Pasadena
(Pasadena
Charter
Amendment
effective
since
December
2022)
• Pursuant to PMC Ar�cle XVIII Sec�on 1806(l), A Landlord's failure to comply with any requirement of Sec�on 1806, i n c l u d i n g w i t h o u t l i m i t a � o n t h e f a i l u r e t o s e r v e a n y o f t h e r e q u i r e d n o � c e s t o t h e R e n t a l Board or to pay Reloca�on Assistance in subsec�on (b), is a complete affirma�ve defense in an unlawful detainer or other ac�on brought by the Landlord to recover possession of the Rental Unit.
• Pursuant to PMC Sec�on 1813, a Landlord or a Tenant may file a Pe��on with the Rental Board seeking adjustment, either upward or downward, of the Rent for any given tenancy in accordance with the standards set forth in this sec�on, and using the procedures set forth in Sec�on 1814 herein and implemen�ng regula�ons. A Pe��on shall be on a form provided by the Rental Board and, if made by the Landlord, shall include a declara�on by the Landlord that the Covered Rental Unit complies with all requirements of this Ar�cle.
• Pursuant to PMC Sec�on 1815 (Judicial Review), a landlord or a tenant aggrieved by any ac�on or decision of the Rental Board may seek judicial review pursuant to State law and Ar�cle XVIII.
• PMC Sec�on 1817 provides remedies for viola�on of regula�ons of Ar�cle XVIII.
ATTACHMENT 7 - 14
- Landlord's Demand or Reten�on of Excessive Rent. When a Landlord demands, accepts, receives, or retains any payment or payments in excess of the lawful Rent pursuant to this Ar�cle and the regula�ons promulgated hereunder, including in viola�on of the provisions ensuring compliance with habitability standards and maintenance of Housing Services, the Tenant may file a Pe��on pursuant to Sec�on 1813 or file a civil suit against the Landlord. A Landlord who demands, accepts, receives, or retains any payment of Rent in excess of the lawful Rent shall be liable to the Tenant in the amount by which the payment or payments have exceeded the lawful Rent. In such a case, the Rent shall be adjusted to reflect the lawful Rent pursuant to this Ar�cle and its implemen�ng regula�ons.
- Civil Remedies. A Tenant may bring a civil suit in the courts of the state alleging that a Landlord has violated any of the provisions of this Ar�cle or the regula�ons promulgated hereunder, including that the Landlord has demanded, accepted, received, or retained a payment or payments in excess of the lawful Rent. In a civil suit, a Landlord found to violate this Ar�cle shall be liable to the Tenant for all actual damages, including but not limited to the damages described in Subsec�on (a) herein. A prevailing Tenant in a civil ac�on brought to enforce this Ar�cle shall be awarded reasonable atorney's fees and costs as determined by the court.
Addi�onally, upon a showing that the Landlord has acted willfu lly or with oppression, fraud, or malice, the Tenant shall be awarded treble damages. No administra�ve remedy need be exhausted prior to filing suit pursuant to this subsec�on.
- Addi�onal Relief for Landlord's Viola�on of Evic�on Rules. If it is shown that the event which the Landlord claims as grounds to recover possession under Sec�on 1806 is not ini�ated within two (2) months a�er the Tenant vacates the Rental Unit, or it is shown that the Landlord's claim was false or in bad faith, the Tenant shall be en�tled to regain possession of the Rental Unit at same Rent that was lawfully in effect when the Tenant vacated, in addi�on to the relief described in Subsec�on (b) herein. - Defense to Ac�on to Recover Possession. A Landlord's failure to comply with any of the provisions of this Ar�cle or regula�ons promulgated hereunder may be raised as an affirma�ve defense in an unlawful detainer or other ac�on brought by the Landlord to recover possession of the Rental Unit. Any and all viola�ons of this Ar�cle by the Landlord shall cons�tute such an affirma�ve defense, including but not limited to the demand or reten�on of payment in excess of the lawful Rent, failure to serve any of the no�ces required pursuant to this Ar�cle on the Tenant or the R ental Board, failure to pay the Rental Housing Fee, failure to pay any required Reloca�on Assistance, and a decrease in Housing Services or maintenance without a corresponding reduc�on in Rent. It is the intent of this Ar�cle to construe this ATTACHMENT 7 - 15
subsec�on to the broadest extent permissible under the law to ensure maximum compliance with this Ar�cle and avoid unlawful evic�ons.
- Evic�on Protec�on for Vic�ms of Domes�c Violence or Sexual Assault or Stalking or Abuse. It shall be a defense to an ac�on f or possession of a unit under Sec�on 1806(a)(3) -(4) if the trier of fact determines that:
The Tenant or the Tenant's household member is a vic�m of an act or acts that cons�tute domes�c violence or sexual assault or stalking or abuse; and
The no�ce to vacate is substan�ally based upon the act or acts cons�tu�ng domes�c violence or sexual assault or stalking or abuse against the Tenant or a Tenant's household member, including but not limited to an ac�on for possession based on complaints of noise, disturbances, or repeated presence of police.
- Rental Board or City Atorney Enforcement Ac�on. If the Tenant fails to bring a civil or administra�ve ac�on to enforce the T enant's rights under this Ar�cle, the Rental Board or the City Atorney may bring such an ac�on or setle the claim on the Tenant's behalf. If the Rental Board or City Atorney brings such an ac�on, the Tenant shall be provided the right to opt in or out of the ac�on. In the case of an opt-in, the Tenant on whose behalf the Rental Board acted is barred from bringing a separate ac�on against the Landlord in regard to the same viola�on, and the Rental Board or City Atorney shall be en�tled to recuperat e the costs it incurred from any monetary recovery from the Landlord, with the r emainder to go to the Tenant against whom the viola�on has been commited. In the case of an opt-out, the Tenant shall retain all rights rela�ng to his or her right to private ac�on. The Rental Board or City Atorney may take other such enforcement ac�on as necessary to ensure compliance with this Ar�cle. - Penal�es for Viola�ons. In addi�on to the affirma�ve defense or any other rights of a tenant under law, a viola�on of the provisions of this ar�cle shall be punishable as an infrac�on by way of a fine. The Rental Board may establish, and periodically modify, a schedule of fines for viola�ons of various provisions of this ar�cle as they see fit, provided these amounts are reasonable, and are chosen in accordance with applicable law.
- Criminal Penal�es. Any Landlord that violates this Ar�cle shall be guilty of a misdemeanor and shall be punished in accordance with Sec�on 1.24.010 of the Pasadena Municipal Code. - Remedies Not Exclusive. The remedies available in this Ar�cle are not exclusive and may be used cumula�vely with any other remedies in this Ar�cle or otherwise available at law.
ATTACHMENT 7 - 16
- Jurisdic�on. The appropriate court in the jurisdic�on in which the Rental Unit is located shall have jurisdic�on over all ac�ons brought under this Ar�cle.
• Per PMC Sec�on 1818 (Injunc�ve and other Civil Relief), the Rental Board, tenants, and landlords may seek relief from the appropriate court in the jurisdic�on where the affected Rental Unit is located to enforce any provision of this Ar�cle or its implemen�ng regula�ons or to restrain or enjoin any viola�on of this Ar�cle and of the rules, regula�ons, orders, and decisions of the Rental Board.
• Pursuant to PMC Sec�on 9.75.080 (Remedies):
- Any landlord who fails to provide reloca�o n assistance and moving expense allowance as required by this sec�on shall be liable in a civil ac�on to the tenant to whom such assistance is due for damages in the amount of the reloca�on fee and the moving expense fee the landlord has failed to pay, a civil penalty in the amount of five hundred dollars and reasonable atorney's fees and costs as determined by the court. The court may also award puni�ve damages in a proper case. The tenant and/or the city, may enforce the provisions of this chapter by means of a civil ac�on.
• No landlord shall atempt to secure from a tenant any waiver of any provision of this chapter. Any agreement, whether writen or oral, whereby any provision of this chapter is waived, shall be deemed against public policy and shall be void.
County of
Los Angeles
(LA County
Rent
Stabilization
and Tenant
Protections
Ordinance
(RSTPO)
effective
since
September
2021)
• Los Angeles County Code (LACC) Chapter 8.52, Sec�on 8.52.145 provides authority to the County’s Dept. of Consumer and Business Affairs (DCBA) to take any and all appropriate steps it deems necessary to enforce the chapter.
• Per LACC Sec�on 8.52.110(E), any ac�on brought by a Tenant for a viola�on of Sec�on 8.52.110 (Reloca�on Assistance) must be brought in a court of competent jurisdic�on. No administra�ve remedy need be exhausted prior to filing suit pursuant to this Sec�on.
• LACC Sec�on 8.52.150, provides regula�ons on administra�ve review and appeals to the rental housing oversight commission. DCBA shall review and evaluate applica�ons pursuant to this chapter. Any party dissa�sfied by the Dept’s final decision may request an appeal of the Dept’s decision to the Rental Housing Oversight Commission, unless prohibited by this chapter. The decision of the Commission shall be final and not subject to further appeal.
• LACC Sec�on 8.52.160 of LACC provides regula�on on administra�ve fines:
ATTACHMENT 7 - 17
- Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an administra�ve fine not to exceed One Thousand Dollars ($1,000). - Remedies are Cumula�ve. Each day that a viola�on con�nues shall cons�tute a separate and dis�nct offense.
The remedies set forth in this Sec�on are cumula�ve and in addi� on to any other penalty provided by law, including any remedies which may be sought in a civil ac�on. The provisions of this Chapter shall not be construed as limi�ng any party's right to obtain relief to which he or she may be en�tled at law or in equity. - No�ces of Viola�on and Administra�ve Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, or Department's procedures and guidelines, the Department may issue No�ces of Viola�on and Administra�ve Fine in accordance with the authority and procedures set forth in County Code, Chapter 1.25.
- Any Landlord or Tenant who receives a No�ce of Administra�ve Fine may request an administra�ve hearing before a hearing officer in accordance with County Code, Chapter 1.25.2. Further, any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposi�on of an administra�ve fine in accordance with County Code, Chapter 1.25.
• Sec�on 8.52.170 of LACC provides enforcement provisions if the regula�ons contained in Chapter 8.52 are violated.
- Per Sec�on 8.52.170 (A) (Civil Liability), any Tenant, or any other person or en�ty ac�ng on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the County, is authorized to bring a civil ac�on and/or proceeding in a court of competent jurisdic�on for viola�on of this Chapter, for civil penal�es, injunc�ve, declaratory and other equitable relief, res�tu�on and reasonable atorneys' fees and costs and may take such other steps as necessary to enforce this Chapter . The court may award reasonable atorneys' fees and costs to a Landlord who prevails in any such ac�on if the court determines that the Tenant's ac�on was frivolous.
- Per Sec�on 8.52.170 (B) (Civil Penalty), any person viola�ng any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each viola�on, except for as allowed in Sec�on 8.52.130. - Per Sec�on 8.52.170 (C) (Criminal Penalty), any person viola�ng any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine not to exceed One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period of not more than six (6) months, or by both.
ATTACHMENT 7 - 18
- Each viola�on of any provision of this Chapter, and each day during which any such viola�on is commited, permited or con�nued, shall cons�tute a separate offense (Sec�on 8.52.170 (D)). - The above remedies are not exclusive and do not preclude the County or any Tenant from seeking other remedies or penal�es provided by applicable law (Sec�on 8.52.170 (E)). - Affirma�ve Defense. Any protec�ons included in this Chapter shall cons�tute an affirma�ve defense for a Tenant in any civil unlawful detainer ac�on brought pursuant to California Code of Civil Procedure sec�on 1161, and any other civil ac�on seeking repossession and repayment of rental debt. The Tenant shall have the burden to prove the basis of their affirma�ve defense (Sec�on 8.52.170 (F)).
• Pursuant to LACC Sec�on 8.52.130 (C) (An�-Retalia�on and An�-Harassment) – - If any Landlord or any person, ac�ng as a principa l or agent, offering a Fully or Par�ally Covered Rental Unit for Rent, or any contractor, subcontractor, or employee of the Landlord violates the terms of this Sec�on, an aggrieved Tenant may ins�tute a civil ac�on, as allowed under Sec�on 8.52.170, f or injunc�ve relief, direct money damages, and any other relief that the court deems appropriate. Such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per viola�on, at the discre�on of the court. If the aggrieved Tenant is older than sixty -two (62) or disabled, the court may award an addi�onal civil penalty of up to Five Thousand Dollars ($5,000) per viola�on, at the discre�on of the court.
- The above remedies are not exclusive and do not preclude any Tenant from seeking other remedies or penal�es provided by applicable law. No administra�ve remedy need be exhausted prior to filing suit pursuant to this Sec�on.
• Pursuant to LACC Sec�on 8.56.220 (Affirma�ve Defense), In any ac�on by a landlord to recover possession of a rental unit, the tenant may raise as an affirma�ve defense the failure of the landlord to par�cipate in the landlord- tenant media�on hearing.
• Pursuant to LACC Sec�on 8.56.240 ( An�-Retalia�on), If the dominant intent of the landlord seeking to recover possession of a rental unit is retalia�on against the tenant for exercising his or her rights under this chapter, and if the tenant is not in default as to the payment of rent, the landlord may not recover possession of the rental unit in any ac�on or proceeding.