STAFF REPORT
DATE
: April 23, 2024
TO: J
ustin Hess, City Manager
FR
OM: Patrick Prescott, Community Development Director
VIA: Simone McFarland, Assistant Community Development Director, Housing and Economic Development
Maribel Leyland, Housing Authority Manager
BY: Shipra Rajesh, Housing Development Manager
SUBJE
CT: Discussion on Potential Landlord and Tenant Strategies RECO
MMENDATION
Provide direction on next steps on potential landlord and tenant strategies.
BACKGRO
UND
The purpose of this staff report is to provide a synopsis of landlord tenant strategies and associated regulations adopted by eight different jurisdictions under four categories: Cap on Rent Increases, Tenant Protection Measures, Access to Legal /Professional Resources, and Enforcement Mechanisms. Council directed staff to focus on the following eight jurisdictions - the cities of Bell Gardens, Beverly Hills, Claremont, Culver City, Glendale, Long Beach, Pasadena, and Los Angeles County.
At th
e January 31, 2023, Council meeting, staff presented a first step report on tenant protections and rent caps that included information on Assembly Bill (AB) 1482, also known as the California Tenant Protection Act (effective January 1, 2020). Council direction that evening included a Study Session on AB 1482 and a second step report on tenant protections that includes successful strategies in other cities (including programs, policies, education, outreach , and other programmatic components) . Council also requested a community outreach plan to follow the second step report.
The A
B 1482 Study Session was held on August 8, 2023. At the end of the study session, Council provided short-term, medium-term, and long-term direction to staff on next steps.
COMMUNITY
DEVELOPMENT
ATTACHMENT 5 - 1
Shor
t-term direction included the development of a Tenant Protection Urgency Ordinance to provide further protections beyond what is included in AB 1482. Subsequently, o n September 12, 2023, Council approved Urgency Ordinance No. 23-3999, prohibiting the termination of certain residential tenancies without just c ause in the City of Burbank and increasing the relocation assistance for certain terminations (Attachment 1).
The medium-term direction is this report, which includes options for tenant prot ections through a comparison of local ordinances across different jurisdictions. Furthermore, at the end of the AB 1482 Study Session, Council directed staff to hold an Ad Hoc meeting with landlords and tenants to develop possible solutions for several concerns raised during the study session and gather information that could supplement the second step report. The Landlord Tenant Ad Hoc Roundtable Meeting was held on January 18, 2024, and staff presented a report to Council summarizing the feedback on February 13, 2024, (Attachment 2). After deliberation, Council identified four categories that broadly covered the landlord-tenant strategies discussed during the Landlord Tenant Ad Hoc Roundtable meeting:
1. Cap on Rent Increases;
2. Tenant Protection Measures (including anti-harassment/anti-retaliation);
3. Access to Legal and Professional Resources; and
4. Enforcement Mechanisms.
Council directed staff to research measures and regulations related to these categories with the following jurisdictions: cities of Bell Gardens, Beverly Hills, Claremont, Culver City, Glendale, Long Beach, Pasadena, and Los Angeles County. 1 DISCUSSION
State Law and Current Regulations on Tenant Protections for Burbank AB 1482 provides regulations on rent caps and just cause eviction protections for certain residential tenancies . Senate Bill ( SB) 567, effective April 1, 2024, amends several provisions in AB 1482 by imposing additional parameters to just cause evictions and expressly providing remedies to tenants for any violations of AB 1482’s just cause eviction and rent cap provisions. Specifically, SB 567 authorizes tenants to file civil actions against property owners when seeking injunctive relief2 and/or damages for any violations. It also authorizes local government enforcement mechanisms, implementing injunctive relief for any property owner violations of the tenant protection, and rent cap provisions contained in AB 1482. California Civil Code §1946.2(h) and 1947.12(k) authorize tenants to institute a civil action, seek injunctive relief, as well as seek civil penalty in case of violation of state mandated regulations on just cause eviction and rent cap (Attachment 3).
In addition to the regulations implemented by the State, several jurisdictions have adopted local tenant protection ordinances. Detailed information on these ordinances as they relate to the four categories identified by Council can be found in the following attachments:
1 The long-term direction is to review the purview, limitations, and assistance provided by the Landlord Tenant Commission. This is a separate report.
2 Generally, “injunctive relief” is a remedy which restrains one party from doing certain acts or requires one party to act in a certain way.
ATTACHMENT 5 - 2
•
Attachment 4: Cap on Rent Increases
• Attachment 5: Tenant Protection Measures
• Attachment 6: Access to Legal and Professional Resources • Attachment 7: Enforcement Mechanisms
Neighboring Community/Local Tenant Protection Research
Table 1 below provides a summary of local ordinances found within other jurisdictions as related to the categories identified above:
Table 1: Local Tenant Protection Ordinance in Different Jurisdictions Local
Jurisdictions Local Ordinances
City of Bell
Gardens
Rent Stabilization Chapter and Tenant Protections Chapter in its Municipal Code, in effect since October 2022.
City of Beverly Hills Adopted revised rent stabilization regulations in February 2017, which affects most rental housing in the city.
City of Claremont
Adopted a “Just Cause Eviction” Ordinance, effective June 2023, providing heightened tenant protections for substantial remodel evictions and higher amounts of relocation assistance in the event of a no-fault eviction, beyond the State law.
Culver City
Adopted a permanent Rent Control Ordinance and a permanent Tenant Protections Ordinance that became effective in October of 2020.
City of Glendale
Established a Rental Rights Program (Ordinance #5922) that took effect in March 2019 and was created to provide housing stability and mitigate the impact of displacement for Glendale residents. The ordinance was updated in March 2024
(Ordinance #6019) to include five components — Just Cause Eviction, Relocation Assistance, Right to Lease, Intentional Disrepair, and Rent Reduction.
City of Long Beach
Adopted the Tenant Relocation Assistance Ordinance in June 2019 that established rent increase limits and eviction protections for certain rental units within the city.
City of Pasadena
Amended its Charter (Measure H) in December 2022, to
establish the Pasadena Rental Housing Board that is
responsible for fulfilling the powers and duties prescribed in the Charter Amendment. Pasadena Rental Housing Board
members are appointed by the City Council and the Board has the authority to establish rent increases, produce written notices and publish forms for noticing to current and prospective ATTACHMENT 5 - 3
tenants, establish and maintain a rental registry, establish rules and regulations related to rent control, and enforce the Charter Amendment.
Los Angeles
County
Adopted Los Angeles County Rent Stabilization and Tenant Protections Ordinance (RSTPO), effective September 2021.
The RSTPO limits annual rent increases, provides tenants protections from evictions without just cause, and provides a process for property owners to seek relief if they believe they are not receiving a fair return on their rental units under the permitted maximum annual rent increase.
After review, staff identified some commonalities in the four categories identified by the Council as follows.
Rent Stabilization Ordinance / Rent Cap
AB 1482 implements a statewide cap on annual rent
increases by limiting the increase each year to 5% plus the increase in the Consumer Price Index (CPI), with an overall increase not to exceed 10%. Currently, this is the applicable rent cap for Burbank residents. In addition to the statewide rent cap, the cities o f Bell Gardens,
Beverly Hills, Culver City, and Pasadena as well as Los Angeles County, adopted ordinances implementing local rent caps (Attachment 4) .
However, the cities of Claremont, Glendale, and Long Beach do not codify any local rent cap; instead, they require landlords to comply with the rent cap mandated by AB 1482.
Tenant Protection
In addition to the just cause eviction
protection mandated by AB 1482, many local
jurisdictions have adopted ordinances
and/or regulations on relocation assistance
for no- fault evictions , anti -harassment, and
anti-retaliation, providing an additional layer
of tenant protection within their jurisdiction.
Burbank adopted a Tenant Protection
Urgency Ordinance prohibiting the
termination of certain residential tenancies
without just cause and increasing the
relocation assistance for certain
terminations (Attachment 1).
All eight jurisdictions adopted local regulations on rel ocation assistance for no- fault evictions. Additionally, most of the jurisdictions have adopted either a combination of regulations on anti-retaliation and anti-harassment, or regulations only pertaining to anti- retaliation. For example, the cities of Bell Gardens, Culver City, Pasadena, and Los Angeles County adopted local regulations on both anti -harassment and anti -retaliation.
Alternatively, the cities of Beverly Hills and Glendale adopted local regulations prohibiting In addition to Ordinance no. 23 -3,999 that
requires the owners to provide relocation
assistance equal to the amount of three
month’s rent if termination of tenancy is
based on substantial remodel just cause
eviction,
Burbank is subject to state
mandated re location assistance or rent
waive equal to one month of the tenant’s
rent that was in effect when the owner
issued the notice to terminate th e tenancy
in case of no-fault just cause evictions for
qualifying rental units (California Civil Code
Section 1946.2(d)).
Burbank is subject to a state
mandated rent cap of 5% plus
the % change in C PI, with an
overall increase not to exceed
10%. (California Civil Code
Section 1947.12(a)).
ATTACHMENT 5 - 4
ant
i-retaliation, w hereas the City of Long Beach provides a list of actions that are categorized as “tenant harassment”. The City of Claremont does not provide any additional local regulations on anti -harassment and anti -retaliation. Attachment 5 to the report details local regulations on relocation assistance, anti -harassment, and anti - retaliation eviction adopted by the eight jurisdictions.
Access to Legal/Pr ofessional Resources
Certain local jurisdictions, including the City of Long Beach, contracted with third -party community-based organizations to provide landlords and tenants with access to resources, including legal resources. In addition, these organizations educate landlords and tenants on local and state regulations limiting annual rent increases and regulations on tenant protections including relocation assistance and anti -harassment provisions. In Burbank, staff contracts with the Housing Rights Center to conduct regular workshops for landlords and tenants on Fair Housing Laws and rights and responsibilities. In addition, housing staff and the Landlord Tenant Commission provide information and resources to the community. Further, City Attorney’s Office is working on a Fiscal Year 2024/25 Budget Discussion Paper to propose a pilot program to provide tenants with access to legal and professional resources and referrals , coordinate social services , investigate complaints and habitability concerns, and review and initiate civil enforcement actions.
In addition to contracting with third- party organizations, the c ities of Bell Gardens , Pasadena, and Los Angeles County have codified noticing requirements detailing tenant rights when entering into a new lease agreement or renewing an existing lease agreement. Further, the cities of Bell Gardens, Beverly Hills, Culver City, and Pasadena, and Los Angeles County have hearing officers who mediat e landlord-tenant disputes .
Moreover, Culver City and Los Angeles County have implemented a landlord- tenant mediation board/panel to resolve landlord-tenant disputes. Attachment 6 provides details on access to legal professionals and other resources put in place by the eight jurisdictions.
Enforcement Mechanisms
SB 567 amended AB 1482 and
authorizes tenants to file civil actions
against property owners in seeking
injunctive relief and/or damages for
any violations. It also authorizes local
governments to seek injunctive relief
for any property owner violations of
the tenant protection and rent cap
provisions contained in AB 1482. In
addition to provisions contained in SB
567 (Attachment 3), local jurisdictions implemented local enforcement mechanisms that range from administrative relief to judicial remedies for enforcing the regulations on local rent cap as well as other local regulations on tenant protections including anti-harassment and anti-retaliation. Attachment 7 provides details on local enforcement regulations adopted by the eight jurisdictions.
Burbank is subject to remedies provided by the
state law ( California Civil Code §1946.2(h) and
1947.12(k)), allowing tenants to institute a civil
action, seek injunctive relief, and seek damages in
case of landlord’s failure to comply with the state
law. Moreover, violation of tenant protection
regulations pursuant to Ordinance no. 23 -3,999,
shall render notice of termination of tenancy void
and shall be an affirmative defense to an unlawful
detainer action.
ATTACHMENT 5 - 5
CO
MMUNITY OUTREACH
Per Council’s direction , staff is preparing a robust public outreach process to solicit community feedback from a broad range of stakeholders . Staff will utilize a variety of platforms including social and print media, as well as announcements made during Council meetings, to invite community members to participate in the process.
ENVIRONMENTAL REVI EW
This report is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines §15060(c)(2), in that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the CEQA under State CEQA Guidelines §15061(b)(3), in that it can be seen with certainty there is no possibility the activity will have a significant effect on the environment. Th is report to Council analyzing regulations and strategies on rent cap, tenant protection, access to resources, and enforcement mechanisms implemented by the eight jurisdictions in Los Angeles County identified by the Council , is statutorily exempt from review under the CEQA because it is a feasibility or planning study for possible future actions that have not yet been adopted or approved (CEQA Guidelines, §15262).
FISCAL IMPACT
Council direction on possible l andlord tenant strategies will have no fiscal impact to the City’s General Fund.
CONCLUSION
This report provides a synopsis of regulations and strategies adopted by local jurisdictions in the region under four categories: Cap on Rent Increases, Tenant Protection Measures, Access to Legal /Professional Resources, and Enforcement Mechanisms . Per Council direction, research was focused on the cities of Bell Gardens, Beverly Hills, Claremont, Culver City, Glendale, Long Beach, Pasadena, and Los Angeles County. Staff seeks Council’s direction on next steps on potential landlord and tenant strategies.
ATTACHMENTS
Attachment 1 – Ordinance No. 23-3,999 Tenant Protections Attachment 2 – January 30, 2024 Ad-Hoc Roundtable Meeting Staff Report and Attachments
Attachment 3 – Enforcement Mechanism pursuant to SB 567 Attachment 4 – Summary of Local Rent Cap
Attachment 5 – Summary of Regulations on Tenant Protection Attachment 6 – Summary of Access to Resources/Legal Professional Attachment 7 – Summary of Enforcement Mechanism
Attachment 8 – Snapshot of Landlord-Tenant Strategies in Different Jurisdictions Attachment 9 – Landlord-Tenant Regulations/Strategies in Burbank ATTACHMENT 5 - 6
ATTACHMENT 5 - 7
23-3,999
including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days"
(Civ. Code§ 1946.2(b)(2)(D)(ii)); and
WHEREAS, AB 1482's just cause eviction provisions specify that "[c]osmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation" (Civ. Code§ 1946.2(b)(2)(D)(ii)); and WHEREAS, AB 1482 permits a landlord to evict a tenant to "substantially remodel" the rental unit and then raise rents above AB 1482's rent caps when a new tenancy begins; and
WHEREAS, AB 1482's just cause eviction provisions expressly authorize local agencies (like the City of Burbank) to adopt ordinances that are "more protective" than AB 1482's just cause eviction provisions, in which case, the "more protective" local ordinance will apply to non-exempt residential real property (Civ. Code§ 1946.2(g)(1 )(B)); and WHEREAS, like many cities in Los Angeles County, the City of Burbank is experiencing a housing affordability crisis and a humanitarian crisis of homelessness that would be exacerbated by the displacement of renters; and WHEREAS, the City is concerned that, without "more protective" local just cause eviction provisions, "substantial remodel" evictions will result in displaced tenants becoming homeless.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals
The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this urgency ordinance.
SECTION 2. Environmental Review
The City Council finds and determines that the adoption of this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Urgency Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Urgency Ordinance will have a significant effect on the environment.
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ATTACHMENT 5 - 15
STAFF REPORT
DATE: Janu
ary 30, 2024
TO: Just
in Hess, City Manager
FROM: P
atrick Prescott, Community Development Director
VIA: Simone McFarland, Assistant Community Development Director, Housing and Economic Development
BY: Maribel Leyland, Housing Authority Manager
SUBJECT
: Update on the Landlord and Tenant Ad Hoc Roundtable Meeting and Direction Regarding the Proposed Solutions
RECOMM
ENDATION
1. Note and file this summary report for the Landlord Tenant Ad Hoc Roundtable Meeting held on January 18, 2024.
2. Provide direction on analyzing the supported solutions for the second step report.
BACKGROUND
At the Council Meeting on January 31, 2023, staff presented a first step report on information related to tenant protections and rent control, including Measure RC and the Burbank Just Cause Eviction and Regulation Measure on the November 2020 ballot that failed with 63.79% of voters voting “no”. Staff also presented current tenant protections in place through Assembly Bill (AB) 1482, also known as the California Tenant Protection Act, that went into effect on January 1, 2020. The Council direction that evening included a Study Session on AB 1482 and a second step report on tenant protections that includes data on V acancy Rates , t he role of the Landlord Tenant Commission, successful strategies in other cities (including programs, policies, education, outreach, and other programmatic components), and a plan for community meetings that would follow the second step report.
The AB 14
82 Study Session was held on August 8, 2023. The presentation was given by Karen M. Tiedemann, a partner with Goldfarb Lipman Attorneys, an experienced firm with an emphasis of practice in community economic development, real estate transactions, affordable housing, nonprofit organization , and environment al law. Ms. Tiedemann provided an overview of AB 1482 and policy options to C ouncil to begin the discussion
COMMUNITY
DEVELOPMENT
ATTACHMENT 5 - 16
on a possi
ble local tenant protection ordinance that could promote tenant stability and increase rental market stability. The options were built upon AB 1482 as well as additional supplemental measures to be considered such as anti -discrimination and retaliation provisions that were discussed by the Council.
At th
e end of the study session, Council provided short -term, medium-term, and long- term direction to staff on the next steps. The short-term direction is to develop an Urgency Tenant Protection Ordinance to provide further protections beyond what is included in AB 1482 for two areas: 1) address just cause evictions for “substantial renovations”; and 2) additional relocation assistance beyond the one month required by state law . O n September 12, 2023, Council approved Urgency Ordinance No. 23-3999, prohibiting the termination of certain residential tenancies without “Just Cause” in the City of Burbank and increasing the relocation assistance for certain terminations (Attachment 1). The ordinance is posted on the City’s website and staff has been working with the Landlord Tenant Commission to educate the community on the requirements of the Urgency Ordinance.
The medi
um-term direction is to return with a second step report that addresses options for tenant projections through a comparison of local ordinances . The long-term direction is to return with a proposal on the purview , limitations and assistance provided by the Landlord Tenant Commission. In addition, Council Member Mullins asked for landlords and tenants to hold an Ad Hoc meeting to develop solutions to the several concerns raised during the study session. She encouraged both landlords and tenants to “sit at the table” and have a dialogue to develop results and solutions that have not yet been identified.
Vice Mayor Perez and Council Member Takahashi were assigned to an Ad Hoc group to meet with invited landlords and tenants . This report summarizes the discussion and feedback of that Ad Hoc meeting.
DISCUSS
ION
The “Landlord-Tenant Roundtable Small Group Discussion” (Ad Hoc Group) was held on Thursday, January 18, 2024. Selected by Vice Mayor Perez and Council Member Takahashi, five tenant and five landlord representatives were invited to participate in discussion on potential solutions and ideas in several areas including evictions, rent and cost increases, and landlord and tenant responsibilities. Vice Mayor Perez and Council Member Takahashi observed and listened to the discussion. Three members of the public, who were not part of the invited Ad Hoc Group, attended and listened, but did not participate. The selected landlords and tenants were divided into two groups , with a mix of landlords and tenants in each group. These groups participated in three exercises facilitated by staff as summarized below. Groups were rearranged for the second exercise to provide all participants an opportunity to share their opinions with different participants.
The final exercise focused on prioritizing solutions and provided all participants an opportunity to voice individual opinions as summarized later in the report.
Exerc
ise No. 1 – Concerns for both Landlords and Tenants
The first exercise was the opportunity to voice and develop a set of concerns (Attachment 2). Both groups raised concerns during the discussion with overlapping themes. Staff has summarized these five overlapping themes for purposes of this report i n no order of priority. These five themes could be utilized in a future implementation plan.
ATTACHMENT 5 - 17
Summ
ary of Concerns in five themes:
1) Enforcement of laws and fairness in process and eviction of long-term tenants (No-Fault Evictions).
2) Corporate housing in-lieu of “Mom and Pop” landlords. 3) High rent increases and balancing rent stability (tenants) and costs (landlords). 4) Education needed on landlord and tenant responsibilities and resources; and 5) Lack of communication between landlords and tenants.
It is important to note that groups only had 30 minutes for this exercise and were asked to prioritize concerns to report on only five concerns even if more than five concerns were identified during the discussion. Therefore, there are likely more concerns that were not voiced during the discussion. As the community outreach process continues for the proposed second step report, additional concerns and solutions may be identified.
Exercise No. 2 – Poss ible Solutions to Concerns
In the second exercise, t he groups were asked to brainstorm creative solutions without considering feasibility of the solutions. This exercise generated more discussion than the previous exercise as there were several conflicting ideas group members did not all agree on. A list of the solutions as stated by the groups is attached (Attachment 3) . The summary below highlight s some of the solutions for each concern identified in the first exercise (similar solutions were combined and in some cases a solution was recategorized). Solutions that may not be legally possible were not included in the summary.
1) Concern: Enfor cement of laws and fairness in process and eviction of l ong-term tenants (No-Fault Evictions)
Proposed Solutions:
a. A ccess to information and education on laws for both landlords and tenants. b. R educe complexity of laws.
c. Carve out rules for government orders (clarity and transparency to both parties). d. Letter of enforcement from City Attorney’s office for non-compliance with laws. e. Addendum to lease with a summary of tenant’s rights and responsibilities with supplemental resource sheets.
f. Payment for relocation regarding renovation.
g. Disallow eviction for substantial remodel.
h. Provide “right to return” after renovation.
i. More time to leave (four months) and more money to leave (three months fair market rent).
j. Require a penalty of perjury form (example: for owner move-in).
2) Concern: Corpor ate housing in-lieu of “Mom and Pop” landlords Proposed Solutions:
a. Require a license to become a housing provider in the City. b. Incentivize smaller landlords to keep their properties. c. Expansion of Burbank Housing Corporation development.
ATTACHMENT 5 - 18
d. Creat
e land trusts or co-operative housing options.
e. Extension of AB 1482 or local laws to corporate owned properties (differentiate “Mom and Pop” landlords).
3) Concern: High
Rent Increases; Balancing rent stability (tenants) and costs (landlords) Proposed Solutions:
a. Increase housing supply especially affordable housing. b. City to provide resources for tenants who qualify for subsidized rent. c. Provide an emergency rent/assistance fund.
d. Rent cap at 2% a year.
e. Possible rent board.
f. Capping rent increase with vacancy de-control.
g. Petition process to approve rent increase above an approved rent cap.
4) Concern: Educ
ation needed on landlord and tenant responsibilities and resources Proposed Solutions:
a. Q ualified staff to provide answers to landlords and tenants. b. City to have orientation & videos to provide comprehensive information on legal rights.
c. Educating landlords and tenants regarding programs and policies.
5) Concern: Lack of communication between landlords and tenants Proposed Solutions:
a. Hire qualified City staff or a system to mediate between landlords and tenants. b. Strengthen Landlord Tenant Commission with a licensed mediator.
Exercise No. 3 – Prio
ritizing Solutions
Since feasibility was not a consideration during the solution identification process, th e third exercise was to identify those solutions that could be prioritized as feasible and most impactful. However, after a lengthy discussion on feasibility versus impact and the group’s concern with knowledge in those areas, the group decided to vote on the listed solutions indicating their support of or opposition to a solution. While a complete list of responses is included (Attachment 4), the list below s ummarizes the proposed solutions that received “support votes,” and did not receive any “oppose” votes.
1. A ccess to information and education on laws for both landlords and tenants.
2. Reduce complexity of laws (City to provide comprehensive information to landlords and tenants with pamphlets).
3. Carve out rules for government orders (clarity and transparency to both parties).
4. Letter of enforcement from City Attorney’s office for non-compliance with laws.
5. Addendum to lease with a summary of tenant’s rights and responsibilities with supplemental resource sheets.
6. Payment for relocation regarding renovation.
7. Provide right to return after renovation.
8. Require a penalty of perjury form (example: for owner move-in).
9. Expansion of Burbank Housing Corporation development.
10. Increase housing supply; especially affordable housing.
11. City to provide resources for tenants who qualify for subsidized rent.
ATTACHMENT 5 - 19
12. Qual
ified staff to provide answers to landlords and tenants.
13. Educating landlords and tenants regarding programs and policies.
14. Hire qualified city staff or a system to mediate between landlords and tenants.
Whil
e these proposed solutions did not receive an “oppose” vote, not all solutions were equally supported. In other words, some solutions received two “votes of support” while others received six or more “votes of support.” Critical to the next phase of the process will be analyzing the legality, feasibility, and impact of these supported solutions, as well as additional direction provided by the Council.
Next S
teps
As directed by Council, the feedback received during the Ad Hoc Group meeting will be utilized for the development of a proposed Tenant Protection Ordinance. The next step is to present the second step report that addresses options for tenant projections through a comparison of local ordinances, information on the Ad Hoc Group recommended solutions, and a proposed implementation plan.
As s
taff proceeds with the development of a proposed Tenant Protection Ordinance, information will be posted on the City’s website for the public to access information on the City’s progress; announcements made during Council meetings inviting members of t he public to participate in public meetings; and community outreach efforts from staff utilizing a variety of platforms including social and print media to invite community members to participate in the process.
ENVIR
ONMENTAL ASSESSMENT
This report is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the CEQA under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the activity will have a significant effect on the environment. This report to Council summarizing the discussion on Landlord Tenant Ad Hoc Roundtable Meeting held on January 18, 2024, is statutorily exempt from review under the CEQA because it is a feasibility or planning study for possible future actions that have not yet been adopted or approved (CEQA Guidelines, Section 15262).
FIS
CAL IMPACT
There is no fiscal impact to the City’s General Fund with this report.
CONCLUS
ION
The Ad Hoc Group was asked to participate in a discussion on potential solutions and ideas in several areas including evictions, rent and cost increases , along with landlord and tenant responsibilities. The meeting attendees collaborated with each other to develop possible solutions as outlined in this report. While attendees were informed that these solutions may not be adopted, it gave an opportunity for both landlords and tenants to hear both sides and hopefully, bring some clarity on housing issues and concerns to be addressed in a future second step report for a proposed Tenant Protection Ordinance.
Staff recommends the “supported” solutions outlined in this report be analyzed for legality, ATTACHMENT 5 - 20
fea
sibility, and impact. Staff will include the supported solutions presented during the Ad Hoc Group meeting held on January 18, 2024, for consideration with the second step report and a proposed implementation plan.
ATTACHMENT
Attachment 1 – Ordinance No. 23-3,999 Tenant Protections Attachment 2 – Concerns for both Landlords and Tenants
Attachment 3 – Proposed Solutions to Concerns
Attachment 4 – Summary of Support and Opposition to Solutions ATTACHMENT 5 - 21
ATTACHMENT 5 - 22
23-3,999
including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days"
(Civ. Code§ 1946.2(b)(2)(D)(ii)); and
WHEREAS, AB 1482's just cause eviction provisions specify that "[c]osmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation" (Civ. Code§ 1946.2(b)(2)(D)(ii)); and WHEREAS, AB 1482 permits a landlord to evict a tenant to "substantially remodel" the rental unit and then raise rents above AB 1482's rent caps when a new tenancy begins; and
WHEREAS, AB 1482's just cause eviction provisions expressly authorize local agencies (like the City of Burbank) to adopt ordinances that are "more protective" than AB 1482's just cause eviction provisions, in which case, the "more protective" local ordinance will apply to non-exempt residential real property (Civ. Code§ 1946.2(g)(1 )(B)); and WHEREAS, like many cities in Los Angeles County, the City of Burbank is experiencing a housing affordability crisis and a humanitarian crisis of homelessness that would be exacerbated by the displacement of renters; and WHEREAS, the City is concerned that, without "more protective" local just cause eviction provisions, "substantial remodel" evictions will result in displaced tenants becoming homeless.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals
The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this urgency ordinance.
SECTION 2. Environmental Review
The City Council finds and determines that the adoption of this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Urgency Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Urgency Ordinance will have a significant effect on the environment.
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ATTACHMENT 5 - 31
Group 1: Group 2:
Fluidity for intent and ability to enforce significant remodel
Corporation -Landlord not directly
connected or further away from tenant (lack
of relationship)
Enforcement of tenant responsibilities is very
difficult and no control High rent increases
Fairness in no-fault eviction process
No fault eviction - long term tenants being
evicted
Ability to comply including education on
responsibilities/orders
Mom and Pop landlords should be able to
make a reasonable living
Balance rent increases (stability) w costs for
housing providers (unpredictable)
Lack of accurate information regarding
Landlord-Tenant citywide issues, and rents
for different units
Widespread purchasing by Corporate/institutional
owners (bifurcation in rental market, different
living experience; mom or pop landlord can't
compete)
Enforcing existing laws when legal rights are
not exercised in good faith
Complex laws - need simple law/policies
Example: AB 1482 -lack of understanding of
the law for tenants
Legal representation for both landlords and
tenants. Having the right to counsel
Lack of resources for tenants - informational
concern
Lack of access to authority
Lack of legal mediation/communication with
housing providers and tenants.
Unsustainable rent increases
Targeting affordable housing to the right
audience (fairness)
Salary increases versus rent increases
Threats from landlords
ATTACHMENT 2 - CONCERNS FOR BOTH LANDLORDS AND TENANTS
ATTACHMENT 2
ATTACHMENT 5 - 32
Group 1: Concerns Group 1: Proposed Solutions Group 2: Concerns Group 2: Proposed Solutions
1. RENT INCREASES a. Emergency rent/ assistance fund 1. HIGH RENT INCREASES a. Increase affordable housing supply b. Rent cap at 2% b. City to provide assistance on subsidized rent c. Petition process to approve rent increase c. Capping rent increases with vacancy de-control
2. CORPORATE HOUSING
PURCHASES
a. Extension of AB 1482 or local laws to corporate
owned. Differentiate between mom & pop landlords 2. CORPORATE HOUSING
PURCHASES
a. Licenses to become a housing provider in the city
b. Land trust of (or) Co-operative housing b. Standardization for ownership of (rental) properties c. Expansion of BHC development c. Incentivize ownership of properties. Support / encourage smaller landlords
3. NO-FAULT EVICTIONS
a. Disallow eviction for substantial remodel (offer right to return habitability plan) 3. NO-FAULT EVICTIONS a. Payment for relocation regarding renovation b. More time to leave (4 months), more money to leave
(3 months fair market rent) b. End ALL No-Fault Evictions c. Require form penalty of perjury - example: owner
move-in c. Right to return after renovation
4. ENFORCEMENT OF
LANDLORD/TENANT
RESPONSIBILITIES
a. Access to information and education (both
landlo
rds and tenants)
4. ENFORCEMENT OF LAWS
a. City to have orientation & videos to provide
Landlord and Tenant information on legal rights
b. Addendum to lease with a summary of tenant’s
rights (and responsibilities). Disclosure on lease
b. Reduce complexity of laws (city to provide
comprehensive information to Landlords and Tenants
with pamphlets)
c. City Attorney’s office enforcement letter (for non-
comp
liance with laws) c. Qualified city staff to provide answers
5. COMPLY WITH GOVERNMENT
ORDERS
a. Carve out rules for government orders (for clarity and transparency to both parties) 5. LACK OF
MEDIATION/COMMUNICATION
a. Qualified city staff or a system to mediate
between landlords and tenants
b. Strengthen Landlord Tenant Commission with a
lice
nsed mediator
c. Educate Landlords and Tenants on laws (programs
and policies)
d. Rent Board
ATTACHMENT 3 - PROPOSED SOLUTIONS TO CONCERNS
ATTACHMENT 3
ATTACHMENT 5 - 33
Proposed Solutions Support Oppose
RENT INCREASES
a. Emergency rent/ assistance fund 1 3
b. Rent cap at 2% 5 5
c. Petition process to approve rent increase 2 2
* d. Increase afford able housing supply 6 0
* e. City to provide assistance on
subsidized re
nt 4 0
f. Capping rent increases with vacancy de-
control 5 5
CORPORATE HOUSING PURCHASES
a. Extension of AB 1482 or local laws to
corporate owned. Differentiate between mom
& pop landlords
0 4
b. Land trust of (or) Co-operative housing 2 1
* c. Expansion of BHC development 7 0
d. Licenses to become a housing provider in
the city 2 3
e. Standardization for ownership of (rental)
properties 0 3
f. Incentivize ownership of properties.
Support / encourage smaller landlords 4 3
NO-FAULT EVICTIONS
a. Disallow eviction for substantial remodel
(offer right to return habitability plan) 5 1
b. More time to leave (4 months), more
money to leave (3 months fair market rent) 7 1
* c. Require form penalty of perjury -
example: own
er move-in 6 0
* d. Payment for relocation regarding
renovation 4 0
e. End ALL No-Fault Evictions 0 2
* f. Right to return after renovation 6 0
CONTINUED ON NEXT PAGE
ATTACHMENT 4 - SUMMARY OF SUPPORT AND OPPOSITION TO SOLUTIONS *Solution with zero opposition votes included in Staff Report ATTACHMENT 4-1
ATTACHMENT 5 - 34
Proposed Solutions Support Oppose
ENFORCEMENT OF LANDLORD/TENANT
RESPONSIBILITIES AND LAWS
* a. Access to information and education
(both landlord
s and tenants) 2 0
*
b. Addendum to lease with a summary of
tenant’s rights (and responsibilities)
Disclosure on lease
3 0
* c. City Attorney’s office enforcement
letter (for non-compliance with laws) 3 0
d. City to have orientation & videos to
provide Landlord and Tenant information on
legal rights
2 1
*
e. Reduce complexity of laws (city to
provide comprehensive information to
Landlords and Tenants with pamphlets)
5 0
* f. Qualified city staff to provide answers 6 0
COMPLY WITH GOVERNMENT ORDERS
*
a. Carve out rules for government
orders (for clarity and transparency to
both parties
2 0
LACK OF MEDIATION/COMMUNICATION
* a. Qualified ci
ty staff or a system to
mediate between landlords and tenants 3 0
b. Strengthen Landlord Tenant
Commission
with a licensed mediator 3 3
* c. Educate Landlords and Tenants on laws
(programs and policies) 4 0
d. Rent Board 0 5
ATTACHMENT 4 - SUMMARY OF SUPPORT AND OPPOSITION TO SOLUTIONS (Continued) *Solution with zero opposition votes included in Staff Report ATTACHMENT 4-2
ATTACHMENT 5 - 35
Enforcement Mechanism pursuant to SB 567
Just Cause Eviction Provision: Pursuant to California Civil Code Section 1946.2(h)(1) An owner who attempts to recover possession of a rental unit in material violation of this section shall be liable to the tenant in a civil action for all of the following:
(A) Actual damages.
(B) In the court’s discretion, reasonable attorney’s fees and costs. (C) Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
(2) The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may seek injunctive relief based on violations of this section.
Rent Cap Provision: Pursuant to California Civil Code Section 1947.12 (k)(1) An owner who demands, accepts, receives, or retains any payment of rent in excess of the maximum rent allowed by this section shall be liable in a civil action to the tenant from whom those payments are demanded, accepted, received, or retained for all of the following:
(A) Injunctive relief.
(B) Damages in the amount by which any payment demanded, accepted, received, or retained exceeds the maximum allowable rent.
(C) In the court’s discretion, reasonable attorney’s fees and costs. (D) Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, damages up to three times the amount by which any payment demanded, accepted, received, or retained exceeds the maximum allowable rent.
(2) The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may do both of the following:
(A) Enforce the provisions of this section.
(B) Seek injunctive relief based on violations of this section. (3) In an action pursuant to this subdivision for injunctive relief, it shall be presumed that a tenant suffers irreparable harm through violation of this section.
(4) An action pursuant to this subdivision shall not be brought after the date that is three years from the date on which the cause of action accrued.
(l) Any waiver of the rights under this section shall be void as contrary to public policy.
ATTACHMENT 5 - 36
An O
verview of Local Rent Cap
1 Where “no local rent cap” is indicated, the State’s rent cap provisions in AB 1482 apply.
Jurisdic�ons Local Rent Cap
Bell Gardens • 50% of change in CPI or 4%, whichever is lower • Rent Banking not permited
• Only one rent increase allowed per year
Beverly Hills • 3% of rental rate or annual % increase in CPI, whichever is greater Claremont • No local rent cap
Culver City • Maximum 5% annual rent increase
• Rent increase limited to 2% if % change in CPI is less than 2% • Only one rent increase allowed per year
Glendale • No local rent cap1
Long Beach • No local rent cap
Pasadena • 75% of % increase in CPI
• Rent Banking not permited
• Only one rent increase allowed per year
County of Los Angeles • % change in CPI over previous year, maximum 8% • Rent Banking not permited
• Only one rent increase allowed per year
ATTACHMENT 5 - 37
S
ummary of Regula�ons on Local Rent Cap
Jurisdic�ons Regula�ons
Bell Gardens (Rent
Stabilization Chapter &
Tenant Protections Chapter
effective since October
2022)
• Pursuant to Bell Gardens Municipal Code (BGMC) Sec�on 5.62.040 (A), a landlord shall not increase the rent for a covered rental unit by more than 50 percent of the change in CPI, or 4 percent, whichever is lower.
For purposes of this sec�on, “change in C PI” means the percentage change in the consumer price index over the previous 12-month period ending in April of each year.
• Pursuant to BGMC Sec�on 5.62.040 (B), a landlord shall not impose more than one rent increase for a covered rental unit in any 12-month period, calculated from the date the rent increase takes effect, unless otherwise permited pursuant to BGMC Chapter 5.62.
• Pursuant to BGMC Sec�on 5.62.040 (C), community development department of the city of Bell Gardens shall announce the maximum allowable annual rent increase effec�ve as of November 1st of each year, in accordance with the department’s procedures and guidelines. • Pursuant to BGMC Sec�on 5.62.040(F), A landlord who does not impose an annual rent increase or a por�on of the permi ted annual rent increase waives that annual rent increase or the remaining por�on of that permited annual rent increase for the remainder of the tenancy. A landlord shall not bank any waived or unused permited annual rent increases for use in future years. • Pursuant to BGMC Sec�on 5.62.050, If the landlord of a residen�al real property charges an exis�ng tenant rent for a covered rental unit that is less than 80 percent of fair market rent for a comparable unit, upon approval of the department, a land lord may increase the rent, in addi�on to the annual rent increase allowed under BGMC 5.62.040, by an amount not to exceed three percent subject to the following:
- The department shall only approve adjustments to rent increases under this subsec�on un�l the rent equals or exceeds 80 percent of fair market rent for a comparable unit. - The U.S. Department of Housing and Urban Development’s Office of Policy Development and Research’s (HUD PD&R) then most recently published small area fair market rents (SAFMRs) calculated for the Bell Gardens zip code shall be used for determining fair market rent. In the event HUD PD&R ceases publishing such small area fair market rent, the city council, by resolu�on, may iden�fy an alterna�ve source of fair market rent.
- The landlord files an applica�on with the department to request approval for a permited below-market rent increase in accordance with the department’s procedures and guidelines. - A landlord may not increase the rent under this sec�on un�l the department approves the landlord’s applica�on and the landlord registers each affected rental unit pursuant to BGMC 5.62.090. Only one addi�onal rent increase may be approved in any 12-month period.
ATTACHMENT 5 - 38
- The landlord shall provide tenants with writen no�ce of the rent increase authorized by the department.
- Nothing in this sec�on shall be interpreted to authorize a rent increase for a covered rental unit in excess of the amount authorized pursuant to California Civil Code Sec�on 1947.12. (Ord. 925 § 2, 2022).
Beverly Hills (Revised Rent
Stabilization Regulations
effective since February
2017)
BHMC Chapter 5, Sec�on 4-5-101:
• Beverly Hills Municipal Code (BHMC) Chapter
5, Sec�on 4-5-101, applies to all dwelling units
designated for rental use, rented at any �m e
on or a�er May 31, 1978.
• Annual rent increases effec�ve on any date
between May 31, 1979, and May 30, 1980,
inclusive, shall not exceed the increase in CPI
for a twelve (12) month period for Los Angeles
(or any successor equivalent), as published by
th
e United States Department of Labor,
Bureau of Labor Sta�s�cs.
• For annual increases effec�ve on any date
between May 31, 1980, and December 14,
1981, inclusive, no such increase shall exceed
a maximum of eight percent (8%).
• For annual increases effec� v e o n o r a � e r
December 15, 1981, no such increase shall
exceed eight percent (8%) or the CPI as of the
date of the no�ce of increase, whichever is
less.
BHMC Chapter 6, Sec�on 4-6-2:
• BHMC Chapter 6, Sec�on 4 -6-2, applies to all
mul�family residen�al units with two or more
units not covered under BHMC Chapter 5, as well
as units in a building that has cer�ficate of
occupancy issued a�er Feb 1, 1995.
• P e r B H M C S e c � o n 4-6-3, only one local rent increase allowed within a 12-month period.
• Rent increase shall not exceed the greater of,
- 3% of the rental rate in effect;
- The percentage equal to the percentage
increase of CPI between May 1 of the current
year and May 1 of the immediately preceding
year.
Claremont (Just Cause
Eviction Ordinance effective
since June 2023)
• City of Claremont does not codify any local rent cap, instead, requires the landlords to comply with rent increase as mandated by the State’s AB 1482.
Culver City (Rent Control
Ordinance & Tenant
Protections Ordinance
effective since October 2020)
• Pursuant to Culver City Municipal Code (CCMC) Sec�on 15.09.215, local rent caps are applicable for exis�ng tenants whose tenancy began on or before October 30, 2020. • Rent increase regula�ons in CCMC Sec�on 15.09.215 does not invalidate rent increase ins�tuted in compliance with the interim ordinance that took effect before October 30, 2020. • On or a�er October 30, 2020, annual permissible local rent increase is subject to the following provisions:
- Maximum 5% rent increase every 12 months.
ATTACHMENT 5 - 39
- If the percentage change in CPI is less than 2%, rent for a covered rental unit may be increased by up to 2%.
• Only one rent increase allowed every 12 months, except a landlord may impose a rent increase under this § 15.09.215 that takes effect sooner than 12 months following the date of the latest permited rent increase under the Interim Rent Control Ordinance, but such transi�onal increase, in combina�on with the prior increase, may not result in total rent increase that exceeds the maximum amount permited under Sec�on
15.09.215 (B). Subsequent rent increases may only take effect every 12 months therea�er.
Glendale
(Ordinance #6019 effective
since March 2024)
• City of Glendale does not codify any local rent cap, instead, requ ires the landlords to comply with rent increase as mandated by the State’s AB 1482.
Long Beach (Tenant
Relocation Assistance
Ordinance effective since
June 2019)
• City of Long Beach does not codify any local rent cap, instead, requires the landlords to com ply with rent increase as mandated by the State’s AB 1482.
Pasadena
(Pasadena Charter
Amendment effective since
December 2022)
• Pursuant to Pasadena Municipal Code (PMC) Sec�on 1808, the City’s Rental Board announces the Annual General Adjustment (local rent increase) that is the percentage by which the Rent for exis�ng tenancies in Covered Rental Units may be increased each year.
• The Annual General Adjustment shall be equal to seventy five percent (75%) of the percentage increase in the Consumer Price Index (CPI) as reported and published by the U.S. Department of Labor, Bureau of Labor Sta�s�cs, for the twelve-month period ending as of March of the current year. • In the event that the percentage change in the Consumer Price Index is nega�ve, the Annual General Adjustment shall be zero percent (0%).
• A Landlord who seeks to raise Rent by the Annual General Adjustment must do so within the twelve (12) - month period between October 1 of the current year and September 30 of the following year. A Landlord who fails to implement a Rent increase pursuant to the Annual General Adjustment during such period shall not be eligible to defer implementa�on of the Annual General Adjustment in a later year. • No more than one Rent increase per twelve-month period may be imposed on a Tenant.
County of Los Angeles (LA
County Rent Stabilization
and Tenant Protections
Ordinance (RSTPO) effective
since September 2021)
• Pursuant to Los Angeles County Code (LACC) Chapter 8.52, Sec�on 8.52.050, annual local rent increase for a fully covered rental unit is limited to percentage change in the average CPI over the previous 12 -month period ending in September with a maximum of 8%, unless otherwise determined by the DCBA as set forth in Sec�on 8.52.060 and as specified below:
- If the change in CPI is eight percent (8%) or higher, the maximum allowable annual local Rent increase will be eight percent (8%);
ATTACHMENT 5 - 40
- If the change in CPI is between three percent (3%) and eight percent (8%), the maximum allowable annual Rent increase will be equal to the change in CPI; - If the change in CPI is between one percent (1%) and three percent (3%), the maximum allowable annual Rent increase will be equal to three percent (3%); - I f t h e c h a n g e i n C P I i s b e t w e e n n e g a � v e t w o p e r c e n t (-2%) and one percent (1%), the maximum allowable annual Rent increase will be equal to the change in CPI plus two percent (2%); - If the change in CPI is less than nega�ve two percent (-2%), no annual Rent increase is permited. - Notwithstanding the above, effec�ve January 1, 2023 through December 31, 2023, the maximum allowable annual Rent increase for Fully Covered Rental Units shall not exceed three percent (3%) and effec�ve January 1, 2024 through June 30, 2024, the maximum allowable annual Rent increase for Fully Covered Rental Units shall not exceed four percent (4%), unless otherwise determined by the Department pursuant to this Chapter.
• Only one rent increase may be imposed on a tenant household in any 12-month period. • The County’s Dept. of Consumer and Business Affairs (DCBA) calculates the allowable annual rent increase. • Luxury units with 2 bedrooms or less that are located within a single structure that contains at least twenty- five (25) or mo re Dwelling Units, and have a minimum monthly rent of $4,000 as of Sept 11, 2018, have different standards for rent increase:
- Prior to December 31, 2023, a Landlord may increase Rent on a Luxury Unit annually by an addi�onal two percent (2%) above the allowable annual Rent increase specified in this Sec�on for a Fully Covered Rental Unit.
- Effec�ve January 1, 2023, through December 31, 2023, the maximum allowable annual Rent increase for Luxury Units shall not exceed five percent (5%), unless otherwise determined by the Department pursuant to this Chapter.
- An annual Rent increase for Luxury Units shall not exceed ten percent (10%), unless otherwise determined by the Department as set forth in Sec�on 8.52.060. • Per LACC Sec�on 8.52.050 (Rent Banking), annual Rent increase or the remaining por�on of that permited annual Rent increase for the remainder of the Tenancy is waived if a landlord does not impose an annual rent increase or a por�on of permited annual rent increase in any 12-month period.
ATTACHMENT 5 - 41
Ov
erview of Regula�ons on Tenant Protec�on
Jurisdic�ons Tenant Protec�on
Reloca�on Assistance An�-
Harassment
An�-
Retalia�on
Bell Gardens • Three �mes the tenant’s monthly rent in effect when termina�on no�ce was issued. • Addi�onal reloca�on assistance for qualified tenants equal to one �mes the tenant’s monthly rent in effect when termina�on no�ce was issued.
• Temporary reloca�on assistance due to substan�al rehabilita�on – - A per-diem payment if the tenant will be temporarily displaced for 30 days or less. - A per-diem payment or comparable temporary accommoda�ons for 31 days or more.
Yes Yes
Beverly Hills • The City determines the reloca�on rate for no-fault just cause evic�on as follows:
Studio: $ 6,193.00
One Bedroom: $9,148.00
Two or more bedrooms: $12,394.00
• Households with seniors, minors, and disabled person shall be en�tled to addi�onal $2,000 reloca�on fees. • In lieu of the above listed reloca�on fees, a landlord may relocate the tenant into a comparable replacement unit sa�sfactory to the tenant.
No Yes
Claremont • For no-fault just cause evic�ons, 3 months of the tenant’s rent that was in effect when the owner issued the no�ce to terminate the tenancy.
No No
Culver City • For no-fault just cause evic�on, 3 �mes the tenant’ s current monthly rent in effect or pay the small area fair market rent established by the US Dept. of HUD for a comparable unit in the same ZIP code plus a $1000. • Reloca�on fee is reduced by 50% for small landlords.
• Temporary reloca�on assistance includes temporary accommoda�on to a hotel or a motel, compensa�on for meals & laundry, pet accommoda�on, and any cost related to reloca�on even if it exceeds the rent paid by tenant for a rental unit.
Yes Yes
Glendale • Two �mes the amount of f air mark et rent as established by the U.S. Department of HUD for a rental unit of similar size plus $1,000.
• Reloca�on assistance due to 7% rent increase differs based on number of units on a parcel, e.g., for 3 to 4 units its three �mes the amount of the actual rent.
No Yes
Long Beach • In case of reloca�on due to substan�al remodel, $4,500 or LL can waive 2 months’ rent in effect when termina�on no�ce was issued, whichever is greater.
Yes No
ATTACHMENT 5 - 42
• In case of other no -fault just cause evic�on, waive one month rent in effect when no�ce of termina�on was issued.
Pasadena • Two and one-half (2½) months fair market rents as established by the U.S. Department of HUD for a rental unit of a similar size.
• Moving expense allowance in the amount of $1,306.00 for adult households or $3,935.00 for households with dependents, disabled, or senior members.
• Temporary Reloca�on - Two �mes the daily pro-rata por�on of the rental rate of the tenant's unit.
Yes Yes
County of
Los Angeles
• For all no-fault just cause evic�on reloca�on assistance is determined by the County based on factors such as countywide median Rent based on the Rental Unit size, moving & packing cost, applica�on fees, taxes, rental unit size, u�li�es, & storage cost.
• Qualified tenants receive addi�onal reloca�on assistance. • Temporary reloca�on assistance due to substan�al remodeling – - A per-diem payment if the tenant will be temporarily displaced for 30 days or less. - A per-diem payment or comparable temporary accommoda�ons for 31 days or more.
Yes Yes
ATTACHMENT 5 - 43
S
ummary of Regula�ons on Tena nt Protec�on
Jurisdic�ons Regula�ons
Bell Gardens
(Rent
Stabilization
Chapter &
Tenant
Protections
Chapter
effective since
October 2022)
1. Reloca�on Assistance (BGMC Sec�on 5.63.040(A))
• Permanent Relocation Assistance: When reloca�on assistance must be paid to tenants who are evicted from their rental unit pursuant to BGMC 5.63.030 (termina�on of tenancy), the landlord must make the reloca�on assistance payment in accordance with this sec�on. The landlord must provide writen no�ce to the tenant of the tenant’s en�tlement to permanent reloca�on assistance at the same �me the landlord serves a no�ce of termina�on of tenancy. - The landlord shall pay a reloca�on assistance amount equal to three �mes the tenant’s mon thly rent in effect when the landlord served the no�ce to terminate the tenancy. - If any tenant residing in the rental unit from which the tenants are to be displaced includes a qualified tenant, then all tenants living in the rental unit are collec�vely en�tled to addi�onal reloca�on assistance as follows:
a. The landlord shall pay an addi�onal reloca�on assistance amount equal to one �mes the tenant’s monthly rent in effect when the landlord served the no�ce to terminate the tenancy.
b. For purposes of this subsec�on, “qualified tenant” means any tenant who:
i. Is 62 years of age or older, disabled, as defined in Sec�on 12955.3 of the California Government Code or handicapped as defined in Sec�on 50072 of the California Health and Safety Code; ii. Has one or more dependent children under the age of 18 residing in the rental unit; iii. Meets the income limits for a “lower-income household” as defined in California Health and Safety Code Sec�on 50079.5; or
iv. Has con�nuously resided in the rental unit for five years or more. c. Permanent reloca�on assistance payments must be paid directly to the tenant. If a rental unit is occupied by two or more tenants, then each tenant of the rental unit shall be paid a pro -rata share of the reloca�on assistance payment.
• Per BGMC Sec�on 5.63.040(B) ( Temporary Relocation Assistance ), A landlord must provide temporary reloca�on assistance to tenants of a rental unit who are temporarily displaced due to repairs, rehabilita�on of a rental unit, health and safety viola�ons, or other work or ac�vi�es that will make the rental unit an untenantable dwelling, as defined in California Civil Code Sec�on 1941.1, or will expose the tenant to toxic or hazardous materials, or that cannot otherwise be completed while the tenant remains in the rental unit. - Thirty Days or Less. A landlord must provide the tenant a per-diem payment if the tenant will be temporarily displaced for 30 days or less.
- Thirty-One Days or More. A landlord must provide the tenant either a per-diem payment or comparable temporary accommoda�ons, if available.
ATTACHMENT 5 - 44
- Per-diem payment will be based on the Federal General Services Administra�on per-diem rate for lodging in the county of Los Angeles, which is updated on a yearly basis, unless otherwise agreed upon by the landlord and tenant, and may include any applicable transient occupancy taxes.
- Upon mutual agreement by the landlord and tenant, per-diem payments may be paid directly to the tenant, or in the event of a hotel, motel or short-term rental accommoda�ons, directly to the hotel, motel or short-term rental. - Temporary reloca�on assistance payments will be made on a pro-rata basis to the eligible tenant household. - Temporary Hotel or Motel Accommoda�on. If reloca�on is to a hotel or motel, the landlord must provide a hotel or motel accommoda�on which is safe, sanitary, and, unless otherwise agreed upon by the landlord and tenant, within a reasonable distance of the tenant’s rental unit.
2. An�-Retalia�on: 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.
3. An�-Harassment: BGMC Sec�on 5.63.060 (B) provides a list of ac�ons that are considered as “harassment”.
Addi�onally, BGMC Sec�on 5.63.060(C) (Remedies and Penal�es), states that for the purposes of this sec�on:
- If any landlord or any person, ac�ng as a principal or agent, offering a 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 BGMC 5.63.100, for injunc�ve relief, direct money damage s, and any other relief that the court deems appropriate.
• The above remedies are not exclusive and do not preclude any tenant from seeking other remedies or penal�es 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)
1. Reloca�on Fees (Chapter 5)
• Per BHMC Sec�on 4 -5-602, t h e r e l o c a � o n f e e o r p r o r a t a s h a r e t h e r e o f s h a l l b e p a i d t o a n y t e n a n t w h o v a c a t e s t h e apartment unit at the �me he or she vacates it. If the landlord cannot in good faith determine if such tenant is en�tled to receive the reloca�on fee, it shall be deposited in escrow in accordance with sec�on 4-5-604 of this ar�cle. • Per BHMC Sec�on 4-5-604, landlord is required to deposit reloca�on fee into escrow and no�fy all the tenants in case of occupancy by the landlord or their rela�ves pursuant to BHMC Sec�on 4-5-509 and in case of demoli�on of a building or conversion to condominiums, stock coopera�ves, or community apartments pursuant to Sec�on 4-5-511. • Per BHMC Sec�on 4-5-605, the City provides reloca�on fees as follows:
Studio: $ 6,193.00 One Bedroom: $9,148.00 ATTACHMENT 5 - 45
Two or more bedrooms: $12,394.00
- Further, households with seniors, minors, and disabled person shall be en�tled to addi�onal $2,000 reloca�on fees.
- Every July 1st (commencing from July 1, 2018), the amount of reloca�on fees set forth above shall increase annually by a percentage equal to percentage increase (if any) of CPI for LA County between May 1 of the then current year and May 1 of the immediately preceding year.
• Physical rela�on in lieu of fees – Per BHMC Sec�on 4 -5-606, in lieu of the above listed reloca�on fees, a landlor d may relocate the tenant into a comparable replacement unit sa�sfactory to the tenant. Landlord will be liable only for the actual costs of reloca�ng the tenant up to maximum set forth in Sec�on 4-5-605.
2. Reloca�on Fees (Chapter 6)
• A landlord is req u
ir ed t o pa y r eloca�on f ees in case of occupancy by the landlord or their r ela�ves pursuant t o BHMC Sec�on 4-6-6(H), change of building managers per Sec�on 4 -6-6(I), demoli�on or condominium conversions per Sec�on 4-6-6(J), and withdrawal of residen�al rental structure from rental market per Sec�on 4-6-6(L). • Per BHMC Sec�on 4 - 6-9(B), t h e r e l o c a � o n f e e o r p r o r a t a s h a r e t h e r e o f s h a l l b e p a i d t o a n y t e n a n t w h o v a c a t e s t h e apartment unit at the �me he or she vacates it. If the landlord cannot in good faith determine if the tenant is en�tled to receive the reloca�on fee, it shall be deposited in escrow per Sec�on 4-6-9(D). • Per BHMC Sec�on 4-6-9(E), The City provides reloca�on fees as follows:
Studio: $ 6,193.00 One Bedroom: $9,148.00
Two or more bedrooms: $12,394.00
- Further, households with seniors, minors, and disabled person shall be en�tled to addi�onal $2,000 reloca�on fees.
- Every July 1
st (commencing from July 1, 2018), the amount of reloca�on fees set forth above shall increase annually by a percentage equal to percentage increase (if any) of CPI for LA County between May 1 of the then current year and May 1 of the immediately preceding year. • Per BHMC Sec�on 4-6-9(F), in lieu of the reloca�on fee, the landlord, at his or her op�on, may relocate the tenant into a comparable replacement apartment unit sa�sfactory to the tenant, in which event the landlord shall be liable only for the actual costs of reloca�ng the tenant, up to the maximum as set forth in subsec�on E of this sec�on per apartment unit. A tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by the landlord. For the purposes of this paragraph only, comparability shall be determined from the following factors: size, price, loca�on, proximity to medical and recrea�onal facili�es, parks, community centers, shops, transporta�on, schools, churches, and synagogues, ameni�es, and, if the tenant desires, the loca�on of the apartment unit in the City.
ATTACHMENT 5 - 46
3. An�-Retalia�on: Per BHMC Sec�ons 4 -5-704 & 4 -6-12(C-2) provide enforcement regula�on on an� -retalia�on; a court determina�on that an ac�on was brought in retalia�on for the exercise of any right conferred by BHMC chapters 5 & 6 shall be grounds for denial of the request for possession.
Claremont (Just
Cause Eviction
Ordinance
effective since
June 2023)
1. Reloca�on Assistance (CMC Sec�on 8.34.030)
• CMC Sec�on 8.34.030 specifies that reloca�on assistance is required for “no-fault” evic�ons as defined in subsec�on (b)(2) of Sec�on 1946.2 of the California Civil Code, as amended from �me to �me or replaced by a successor statute. Per Sec�on
8.34.030 of CMC, the amount of reloca�on assistance shall be increased to at least equal to three (3) months of the tenant’s rent that was in effect when the owner issued the no�ce to terminate the tenancy.
Culver City
(Rent Control
Ordinance &
Tenant
Protections
Ordinance
effective since
October 2020)
1. Reloca�on Assistance (CCMC Sec�on 15.09.325)
• (Permanent Relocation Assistance) Pursuant to CCMC Sec�on 15.09.325, if a no�ce of termina�on is based on no -fault termina�on grounds, then a landlord shall pay a reloca�on fee three �mes the tenant’s current monthly rent in effect or pay the small area fair market rent established by the US Dept. of Housing & Urban Development for a comparable unit in the same ZIP code plus a $1000. Reloca�on fee is reduced by 50% for small landlords. • Temporary Relocation Assistance - Sec�on 15.09.330 (E) provides regula�ons on T emporary Reloca�on: If the ac�vi�es described in § 15.09.330.C will make the rental unit an untenantable dwelling, as defined in Cal. Civil C ode § 1941.1, or will expose the tenant at any �me to toxic or hazardous materials including, but not limited to, lead -based paint and asbestos, the landlord shall provide tenant with the following temporary reloca�on benefits during the temporary displacement period:
( a ) R e l o c a � o n t o a m o t e l o r h o t e l a c c o m m o d a � o n w h i c h i s s a f e , s a n i t a r y , c o m p a r a b l e t o t h e t e n a n t ' s s l e e p i n g arrangement, located in Culver City, or if suitable accommoda�on is not available within Culver City, then within two miles of the tenant's rental unit, and contains standard ameni�es such as a telephone and television; (b) Reasonable compensa�on for meals, if the temporary accommoda�on lacks cooking facili�es; (c) Reasonable compensa�on for laundry, if tenant's rental unit included laundry facili�es inside the rental unit and the temporary accommoda�on does not include laundry facili�es inside the unit; (d) Reasonable accommoda�on for pet s that were permited in tenant's rental unit under the terms of the rental agreement or by law if the temporary accommoda�on does not accept pets; (e) Any costs related to reloca�ng the tenant to temporary housing accommoda�ons, regardless of whether those costs exceed rent paid by the tenant for tenant's rental unit; and (f) Any costs related to returning tenant to his/her rental unit, if applicable. • Unless otherwise agreed upon by landlord and tenant, the landlord shall make payment directly to the motel or hotel as required under § 15.09.330.E.1.a. The landlord shall pay for lodging in the motel or hotel, even if the cost of such lodging is more expensive than the tenant's exis�ng rent calculated on a daily basis. All other compensa�on under § 15.09.330.E.1 shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.
ATTACHMENT 5 - 47
• The landlord shall have the op�on, in lieu of providing tenant reloca�on in accordance with § 15.09.3300.E.1.a, of providing the tenant with comparable housing at any �me during the period of the displacement, subject to the following condi�ons specified in Sec�on 15.09.330(E)(3(a)-3(e))
2. An�-Retalia�on & An�-Harassment: CCMC Sec�on 15.09.340 provides regula�ons pertaining to an�-retalia�on and an�- harassment. The provision provides a list of ac�ons that would fall under retalia�on and harassment. Addi�onally, a tenant can raise a retalia�on claim as a defense in an unlawful detainer ac�on ort in other appropriate judicial proce edings.
Further, pursuant to CCMC Sec�on 15.09.345, the City can take administra�ve cita�ons and civil ac�ons against violators.
Glendale
(Ordinance
#6019 effective
since March
2024)
1. Reloca�on Assistance (GMC Sec�on 9.30.035(A))
• If the termina�on of tenancy is based on the grounds set forth in subsec�on G, H, I or J of Sec�on 9.30.030 (no-fault evic�on), then the landlord shall pay a reloca�on fee in the amount of the product of two �mes the amount of fair market rent as established by the U.S. Department of Housing and Urban Development for a rental unit of similar size of that being vacated in Los Angeles County during the year the unit is vacated, plus $1,000. • Pursuant to GMC Sec�on 9.30.035(B), If the termina�on of tenancy is caused by the tenant’s elec�on to vacate the unit in accordance with Sec�on 9.30.033 when the landlord has imposed a rent increase that exceeds a non -reloca�on rent increase (i.e., a rent increase of 7% or more without u�lizing a bank), the landlord shall pay a reloca�on fee as follows:
- For rental units located on a parcel containing three or four dwelling units, the product of three �mes the amount of the actual rent;
- For rental units located on a parcel containing five or greater dwelling units:
a. If the tenant has occupied the unit for three years or less, the product of three �mes the amount of the rent a�er the rent increase set forth in the rent increase no�ce by the landlord, or:
b. When the overall household income is equal to or less than the Area Median Income (AMI) for Los Angeles County as determined by the United States Department of Housing and Urban Development, plus 30% of the AMI amount (i.e., 130% of AMI or less), then:
i. If the tenant has occupied the unit for more than three years but not more than four years, the product of four �mes the amount of the rent a�er the rent increase set forth in the rent increase no�ce by the landlord,
ii. If the tenant has occupied the unit for more than four years but not more than five years, the product of five �mes the amount of the rent a�er the rent increase set forth in the rent increase no�ce by the landlord, or
iii. If the tenant has occupied the unit for more than five years, the product of six �mes the amount of the rent a�er the rent increase set forth in the rent increase no�ce by the landlord. • The en�re reloca�on fee shall be paid to a tenant who is the only tenant in a rental unit or if a rental unit is occupied b y two or more tenants, then each tenant of the unit shall be paid a prorata share of the reloca�on fee.
ATTACHMENT 5 - 48
• Pursuant to Sec�on 9.30.35(F), Subsec�on B of this Sec�on 9.30.035 shall not apply, and a reloca�on fee shall not be required to be paid, as to any rental unit that received a cer�ficate of occupancy a�er February 1, 1995. • Per Glendale Municipal Code (GMC) Sec�on 9.30.033 (B) (Banking), to the extent the landlord has not increased rent up to the amount of the non-reloca�on rent increase, measured as a percentage and measured at the �me of the most recent rent increase, a landlord shall have the ability to apply any deferred non-reloca�on rent increase to future rent increases; provided, however: (1) if the landlord increase the rent at any �me in an amount that is greater than fi�een (15) percent than the rent that was in place at any �me during the twelve (12) month period preceding the effec�ve date of the no�ced rent increase, then the tenant may elect to vacate the rental unit and receive reloca�on assistance and waived no�cing rights pursuant to subsec�on A and Sec�on 9.30.035; (2) the landlord shall not be permited to accumulate more than an amount equal to three (3) years of deferred non-reloca�on rent increases. Banking of non-reloca�on rent increases as set forth in this subsec�on shall be calculated on a simple basis. For example, a deferred non -reloca�on rent increase from one (1) year of 3% plus a deferred non- reloca�on rent increase from a subsequent year of three point five 3.5 % is an allowable combined increase of six point five (6.5) percent, not six point six (6.6) percent. The maximum amount of banked or deferred non-reloca�on rent increases shall be twenty-one (21) percent.
2. GMC Sec�on 9.30.060 (A) (Retalia�on Prohibited) provides regula�ons on An�-Retalia�on • No landlord may threaten to bring, or bring, an ac�on to recover possession, cause the tenant to quit a rental unit involuntarily, serve any no�ce to quit or no�ce of termina�on of tenancy, decrease any services or increase the rent where the landlord’s intent is to retaliate against the tenant for the tenant’s asser�on or exercise of rights under this chapter or under state or federal law; for the tenant’s request or demand for, or par�cipa�on in media�on or arbitra�on under any public or private media�on program; or for the tenant’s par�cipa�on in li�ga�on. Such retalia�on shall be a defense to an ac�on to recover possession of the rental unit, or it may serve as the basis for an affirma�ve ac�on by the tenant for actual and puni�ve damages and/or injunc�ve relief.
• Per GMC Sec�on 9.30.060 (B), In an ac�on against the tenant, evidence of the asser�on or exercise by the tenant of rights under this chapter or under state or federal law within 180 days prior to the alleged act of retalia�on shall create a rebutable presump�on that the landlord’s act was retaliatory. “Presump�on” means that the court must find the existence of the facts presumed unless and un�l its nonexistence is proven by a preponderance of the evidence. A tenant may assert r etalia�on affirma�vely or as a defense to the landlord’s ac�on without the presump�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.
Long Beach
(Tenant
Relocation
Assistance
1. Reloca�on Assistance (LBMC Sec�on 8.99.020(e)(1))
• For a tenancy for which just cause is required to terminate the tenancy under Sec�on 8.99.020 subdivision (a) i.e., a�er a tenant has con�nuously and lawfully occupied a residen�al real property for 12 months , and if an owner of residen�al ATTACHMENT 5 - 49
Ordinance
effective since
June 2019)
real property issues a termina�on no�ce based on a no-fault just cause described in paragraph (2) of subdivision (b) (No- fault just cause), the owner shall, regardless of the tenant's income, at the owner's op�on, do one of the following:
- Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3). - Waive in wri�ng the payment of rent for the final month(s) of the tenancy, prior to the rent becoming due.
• Per LBMC Sec�on 8.99.020(e) (2), If an owner issues a no�ce to terminate a tenancy f or no-fault just cause, the owner shall no�fy the tenant of the tenant's right to reloca�on assistance or rent waiver pursuant to this Chapter. If the owner elects to waive the rent for the final month(s), of the tenancy as provided in subparagraph (B) of paragraph (1), the no�ce shall state the amount of rent waived and that no rent is due for the final month(s) of the tenancy.
• Per LBMC Sec�on 8.99.020(e)(3), The amount of reloca�on assistance or rent waiver shall be equal to (i) in the case of a termina�on no�ce under subparagraph (2)(D) of subdivision (b) pertaining to i ntent to demolish or to substan�ally remodel the residen�al real property, the greater of $4,500 or two months of the tenant's rent that was in effect when the owner issued the no�ce to terminate the tenancy, or (ii) in the case of all other no-fault just cause termina�ons, one month of the tenant's rent that was in effect when the owner issued the no�ce to terminate the tenancy. Any reloca�on assistance shall be provided within 15 calendar days of service of the no�ce.
• Per LBMC Sec�on 8.99.020(e)(4) an owner's failure to strictly comply with this subdivision (on reloca�on assistance) shall render the no�ce of termina�on void.
2. Tenant Harassment: LBMC Sec�on 8.101.030 (Prohibi�on of tenant harassment), provides a list of owner ac�ons that would be considered as tenant harassment.
Pasadena
(Pasadena
Charter
Amendment
effective since
December
2022)
1. Reloca�on Assistance (PMC Charter Sec�on 1806 (b))
• Reloca�on assistance must be paid by the landlord in case of no fault evic�on specified in PMC Sec�on 1806(a)(8)-(11). • Pursuant to PMC Sec�on 9.75.060:
- For all tenants in good standing living in hous eholds at or below 140% of the median income, by household size, landlord shall pay a reloca�on allowance equal to two and one -half (2½) months fair market rents as established by the U.S. Department of Housing and Urban Development ("HUD") for a rental unit of a similar size. In addi�on to the reloca�on allowance, landlord shall also pay a moving expense allowance in the amount of $1,306.00 for adult households or $3,935.00 for households with dependents, disabled, or senior members. The amounts listed are adjusted for FY 2019 and will con�nue to be adjusted as provided in paragraph C below. - For all tenants in good standing, who meet the income eligibility requirements of paragraph A above, and who have maintained con�nuous tenancy for a period of 10 y ears or more shall be en�tled to enhanced reloca�on allowance and moving expenses. The total amount of reloca�on allowance to be paid by the landlord to the tenant is based on ATTACHMENT 5 - 50
the length of the tenancy. For each year a�er the 10th anniversary, the amount of the base reloca�on allowance shall be increased by 10% and shall increase each year therea�er un�l reaching the maximum of 200% of the base reloca�on allowance on the 20th anniversary of the tenancy. - The reloca�on allowance and moving expense allowance provided for in this sec�on shall be automa�cally increased every year in accordance with changes in the HUD fair market rents. The moving expense allowance provided in this sec�on shall be adjusted annually in accordance with the Consumer Price Index (for Los Angeles-Long Beach) pursuant to Sec�on 1.08.060.
• A Landlord shall provide Reloca�on Assistance to any Tenant household who is displaced from a Rental Unit due to inability to pay Rent increases in excess of 5 percent plus the most recently announced Annual General Adjustment in any twelve- month period. The Landlord must provide Reloca�on Assistance to such Tenant households no later than the date that they vacate the Rental Unit. The Board shall issue rules and regula�ons to furth er effectuate this subdivision, including but not limited to the procedures and forms for establishing and facilita�ng payment of Reloca�on Assistance, an appeal process, if any, and rules to ensure the reasonably �mely payment of any applicable Reloca�on Assistance. The Board may reduce the threshold triggering Reloca�on Assistance to Rent increases lower than 5 percent plus the most recently announced Annual General Adjustment in any twelve-month period if it determines that the lower threshold is necessary to further the purposes of this Ar�cle.
• Pursuant to PMC Sec�on 9.75.070 (Temporary relocation), - If a landlord is required to temporarily recover possession of a rental housing unit in order to comply with housing, health, building, safety laws of the state of California or the city of Pasadena, or if a tenant is required to vacate a unit upon the order of any government officer or agency, the landlord shall not be required to pay the reloca�on allowance as defined in this chapter, but shall provide temporary reloca�on benefits to the displaced tenant as provided for in this sec�on.
- Landlord shall pay tenant an amount based on a daily rate equal to two (2) �mes the daily pro -rata por�on of the rental rate of the tenant's unit. For each day that temporary housing is required tenant shall not be required to pay rent.
- Landlord shall pay the actual costs of moving and storage if tenant is required to remove personal property from the rental unit. Landlord may select a storage facility within a five (5) mile radius of tenant's rental unit. - The displacement and reloca�on of a tenant pursuant to this sec�on shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his/her unit upon the comple�on of the work necessary for the unit to comply with housing, health, building or safety laws or any governmental order and the tenant shall retain all rights of tenancy that existed prior to the displacement. - Should temporary reloca�on exceed 120 days, landlord may opt to terminate tenancy. Landlord shall however be required to comply with Sec�on 9.75.060 of this chapter including paying all reloca�on fees.
ATTACHMENT 5 - 51
2. PMC Charter Sec�on 1806(g) provides regula�ons on An�-Retalia�on • Retalia�on is Barred. No Landlord may threaten to bring, or bring, an ac�on to recover possession, cause the Tenant to quit the Rental Unit involuntarily, serve any Writen No�ce to Cease or no�ce of termina�on of tenancy, decrease any services, interfere with the Tenant's quiet enjoyment of the Rental Unit and common areas, or increase the Rent where the Landlord's dominant mo�ve is retalia�on against the Tenant for the Tenant's asser�on or exercise of rights under this Ar�cle, including crea�ng and/or associa�ng with Re cognized Tenants Organiza�ons or individuals involved with tenant a d v o c a c y . S u c h r e t a l i a � o n s h a l l b e a d e f e n s e t o a n a c � o n t o r e c o v e r p o s s e s s i o n , o r i t m a y s e r v e a s t h e b a s i s f o r a n affirma�ve ac�on by the Tenant for actual and puni�ve damages and injunc�ve relief. A Tenant may assert retalia�on affirma�vely or as a def ense t o 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 Ar�cle and the alleged act of retalia�on. However, there is a presump�on of retalia�on if Tenant engages in protected ac�vity described herein in the twelve (12) months immediately preceding the issuance of a Writen No�ce to Cease. The Rental Board may address retalia�on issues further in its rules and regula�ons consistent with the intent of this subsec�on to prevent unlawful retalia�on.
3. PMC Charter Ar�cle XVIII Sec�on 1806(h) provides regula�ons on Harassment
4. Harassment is Prohibited. No Landlord may threaten to bring, or bring, an ac�on to recover possession, cause the Tenant to quit the Rental Unit involuntarily, serve any Writen No�ce to Cease or no�ce of termina�on of tenancy, change the terms of lease without express writen agreement from the Tenant, decrease any ser v i c e s , r e f u s e t o a c c e p t o r
acknowledge receipt of a Tenant's lawful Rent pursuant to this Ar�cle, or interfere with the Tenant's quiet enjoyment of the Rental Unit and common areas as part of an atempt to increase the Rent above the maximum allowable Ren t permited under this Ar�cle, either by obtaining such excessive Rent from the Tenant or by crea�ng a vacancy and increasing the Rent for a new T enant. T enants are also protected from harassment for crea�ng and/or associa�ng with Recognized Tenant Organiza�ons or individuals involved with tenant advocacy. Such harassment shall be a defense to an ac�on to recover possession, or it may serve as the basis for an affirma�ve ac�on by the Tenant for actual and puni�ve damages and injunc�ve relief. The Rental Board may address harassment issues further in its rules and regula�ons consistent with the intent of this subsec�on to prevent unlawful harassment.
County of L os
Angeles (LA
County Rent
Stabilization
and Tenant
Protections
Ordinance
(RSTPO)
1. Reloca�on Assistance (LACC Sec�on 8.52.110)
• Permanent Relocation Assistance:
- All No-Fault termina�ons of Tenancy (Sec�on 8.52.090(E)) are eligible for reloca�on assistance. - Reloca�on assistance payment shall be served simultaneously with the no�ce of termina�on of tenancy. - The County will determine standard reloca�on assistance amounts based on the following:
- Three �mes the Countywide median Rent based on the Rental Unit size; - Es�mated costs associated with disconnec�ng and reconnec�ng u�li�es; - Es�mated packing and moving costs;
ATTACHMENT 5 - 52
effective since
September
2021)
- Es�mated storage costs for three (3) months;
- Packing supplies;
- Applica�on fees; and
- Taxes.
- Qualified tenants or a lower -income tenant as defined in Sec�on 8.52.110(A)(2) may receive addi�onal reloca�on assistance.
- Permanent reloca�on assistance payments may be deposited into an escrow account or directly paid to the tenant, upon mutual writen agreement between landlord and tenant. - Reloca�on Specialist Services – A landlord must at the landlord’s own expense hire a reloca�on specialist with experience in providing reloca�on services to tenants in the County. A landlord must disclose to DCBA the reloca�on specialist hired and the reloca�on assistance that will be offered and provided to the tenant. • Temporary Relocation Assistance:
- A landlord must pay temporary reloca�on assistance to tenants which are temporarily displaced due to repairs, rehabilita�on, health & safety viola�ons, or other work that cannot be completed while tenant remains in the unit:
o 30 days or less – Landlord must provide tenant a per-diem payment. o 31 days or more – A landlord must provide the tenant either a per-diem payment or comparable temporary accommoda�on, if available.
- Per-diem payment will be based on the Federal General Services Administration per-diem rate for lodging and any incidentals in the County, which is updated on a yearly basis and may include any applicable transient occupancy taxes. - Reloca�on assistance per Fully or Par�ally Covered Rental Unit shall be set by the County of Los Angeles Board of Supervisors and may be based on the number of bedrooms per Fully or Par�ally Covered Rental Unit or as provided by the Board. The Department is authorized to do an annual adjustment in the reloca�on assistance mul�plied by the percentage increase, if any, in the CPI Index for the Los Angeles -Long Beach-Glendale area as published by the U.S.
Department of Labor Sta�s�cs for the twelve -month (12) period ending. Amounts will be rounded to the nearest whole dollar.
2. An�-Retalia�on: LACC Sec�on 8.52.130(A) provides regula�ons prohibi�ng retalia�on. Retalia�on against a Tenant because of the Tenant's exercise of rights under Chapter 8.52 is prohibited. Retalia�on claims may only be brought in court and may not be addressed administra�vely.
3. An�-Harassment: LACC Sec�on 8.52.130(B) provides an�-harassment regula�ons enlis�ng all the ac�ons that would be categorized as “harassment”. Addi�onally, LACC Sec�on 8.52.130 (C) provides remedies and penal�es in case a landlord violates regula�ons on an�-harassment or an�-retalia�on.
ATTACHMENT 5 - 53
Ov
erview of Access to Resources/Legal Professional
Jurisdic�ons Access to Resources Access to Legal Professional Bell Gardens • No�cing requirement – Landlords are required to provide tenants with a no�ce of tenant rights prior to or at the �me of agreeing to rent or lease agreement.
• The City’s website provides a video/presenta�on on the local rent stabiliza�on ordinance.
• Aggrieved landlords and tenants have access to a hearing officer.
Beverly Hills • The City’s website has rent stabiliza�on guide as well as video. • The City has a Rent Stabiliza�on Commission that acts as an advisory board to the City Council on maters rela�ng to the Rent Stabiliza�on Ordinance. The commission is composed of six (6) members and three (3) alternates appointed by the city council, all of whom shall be residents of the City. The commission has two (2) landlords, who own one or mor e residen�al rental proper�es within the City, two (2) tenants, and two (2) members who are not tenants or managers of an apartment building, and each of whom does not directly control or have a fi n a n c i a l i n t e r e s t o f fi v e p e r c e n t ( 5 % ) o r m o r e i n a m u l �-family residen�al rental property (apartment building) either within or outside of the City.
• The City Manager appoints a Hearing Officer for media�on of landlord- tenant disputes.
Claremont • The City’s website provides referral for third party community- based organiza�ons including Stay Housed LA & Neighborhood Legal Services of Los Angeles County.
Culver City • The City’s webpage has FAQs and a video summarizing local rent control and tenant protec�on ordinance.
• The City has landlord-tenant media�on board to provide confiden�al and privileged forum for resolu�on of disputes and builds and strengthens communica�on between landlords and tenants. • Aggrieved landlords and tenants can request a hearing before a hearing officer
Glendale • The City’s website provides comprehensive overview of the City’s Rental Rights Program including FAQs.
ATTACHMENT 5 - 54
• The City’s website provides referral for third party community- based organiza�ons including Stay Housed LA, Neighborhood Legal Services of Los Angeles County, Housing Rights Center, & Home Again LA.
Long Beach • No�cing requirement – Landlords are required to provide tenants with a no�ce atached as an addendum to lease or rental
agreement providing informa�on on rent cap & requirement of statement of just cause in any no�ce to terminate a tenancy. • The City’s webpage provides informa�on on resources like mul�- service center & Long Beach resource line. Addi�onally, the City’s website provides referral for third party community-based organiza�ons including Stay Housed LA, Fair Housing Founda�on, & Legal Aid Founda�on.
• The City partners with Stay Housed LA & Fair Housing Founda�on to provide support and resources to tenants.
Pasadena • No�cing requirement –
- No�ce on local regula�ons including tenant rights to be posted on the property.
• Landlords required to distribute mul�-lingual landlord/tenant rights informa�on sheet that includes links to appropriate websites, housing and community development division, and city's housing media�on contractor to all tenants.
• Landlords & tenants have access to Rental Housing Board (RHB). • Landlords & tenants have access to Hearing Officer appointed by RHB.
County of
Los Angeles
• No�cing requirement –
- Landlords are required to provide tenants with a no�ce of tenant rights prior to or at the �me of agreeing to rent or lease agreement.
- Addi�onally, no�ces are required to be posted on the
property.
• The County’s website provides referral for third party community- based organiza�ons including Stay Housed LA – Evic�on Defense Program.
• The County establishes a landlord -tenant media�on panel to mediate landlord-tenant disputes.
• The County establishes Rental Oversight Commission to enforce regula�ons on rental housing. The Rental Housing Oversight Commission consists of nine (9) members, all of whom are appointed by the Board of Supervisors (Board) of the County of Los Angeles and serve at the discre�on of the Board.
• 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.
ATTACHMENT 5 - 55
S
ummary of Regula�ons on Overview of Access to Resources/Legal Professional
Jurisdic�ons Regula�ons
Bell Gardens
(Rent
Stabilization
Chapter &
Tenant
Protections
Chapter
effective since
October 2022)
• Aggrieved landlords and tenants have access to hearing officer.
• The City’s website provides a video/presenta�on on the local rent stabiliza�on ordinance.
• Per BGMC Sec�ons 5.63.070(A) & 5.62.100 (A) (No�ces to Tenants- Mandatory No�ces to Tenants), Landlords must provide to each tenant, prior to, or at the �me of, agreeing to rent or lease a covered rental unit, a no�ce of tenant rights under this chapter. The department shall publish a form no�ce of tenant rights in English and other frequently spoken languages.
Landlords must provide the form no�ce in the following circumstances. - When entering into a rental agreement, by including a copy of the form no�ce as an exhibit or atachment to the writen rental agreement;
- When renewing a rental agreement; and
- When providing no�ce of a rent increase or decrease in a covered rental unit.
Beverly Hills
(Revised Rent
Stabilization
Regulations
effective since
February
2017)
• Ar�cle 5, Sec�on 2-2-501 of Beverly Hills Municipal Code (BHMC) establishes a Rent Stabiliza�on Commission that acts as an advisory board to the City Council on maters rela�ng to the Rent Stabiliza�on Ordinance. The commission is composed of six (6) members and three (3) alternates appointed by the city council, all of whom shall be residents of the City. The commission has two (2) landlords, who own one or more residen�al rental proper�es within the City, two (2) tenants, and two (2) members who are not tenants or managers of an apartment building, and each of whom does not directly control or have a financial interest of five percent (5%) or more in a mul� -family residen�al rental property (apartment building) either within or outside of the City.
• Per Sec�on 4-5-401 of BHMC, a hearing officer designated by the City manager shall have the power and authority to:
- Receive complaints from landlords for special rent increase beyond what is permited in the chapter based on hardship;
- Hear disputes and disagreements on status of a tenant as building manager, validity or amount of any capital expenditure surcharge collected or proposed to be charged by the landlord pursuant to BHMC Sec�on 4-5-304 or 4-5-308, validity and/or amount of any u�lity surcharge collected or proposed to be charged by a landlord pursuant to BHMC Sec�on 4-5-306 or 4-5-308, refusal by a tenant to make capital expenditures to the interior of their unit, and disagreement on distribu�on of a reloca�on fee deposited into escrow pursuant to BHMC Sec�on 4-5-604.
Claremont
(Just Cause
• The City of Claremont’s webpage provides referral to Evic�on Assistance – Stay Housed LA, which is an online resource for LA area tenants facing evic�on. Tenant can visit the agency’s website to atend an online educa�onal workshop, connect ATTACHMENT 5 - 56
Eviction
Ordinance
effective since
June 2023)
with a legal services provider, or join a community organiza�on. Resources on the website are available in English and Spanish. Tenants who receive a no�ce or unlawful detainer can seek legal aid immediately.
• Addi�onally, City of Claremont’s webpage provides referral to Neighborhood Legal Services of Los Angeles County (NLS-LA) that provides free legal services to low-income residents within LA County. The agency's professional staff and volunteers help people navigate through the court system, from filling out the appropriate forms, develop self -help skills and other tools to allow clients to solve their own problems and train people for legal proceedings. The agency provides assistance with small claims, evic�ons, family law and other civil li�ga�on.
Culver City
(Rent Control
Ordinance &
Tenant
Protections
Ordinance
effective since
October 2020)
• Culver City has a landlord-tenant media�on board that provides confiden�al and privileged forum for resolu�on of disputes and builds and strengthens communica�on between landlords and tenants (CCMC Sec�on 15.09.005).
• Media�on sessions provided by the Landlord- Tenant Media�on Boar d provide a confiden�al and privileged forum for discussion and resolu�on of disputes rela�ng to rent increases, or any other maters authorized by the bylaws of the Landlord-Tenant Media�on Bylaws (“Bylaws” – that is approved and adopted by resolu�on of the City Council), and to educate the par�es about the landlord-tenant rela�onship.
• 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 Culver City Municipal Code.
• The City’s webpage has FAQs and a video summarizing local rent control and tenant protec�on ordinance.
Glendale
(Ordinance
#6019
effective since
March 2024)
• The City of Glendale’s webpage provides informa�on on the City’s Rental Rights Program and includes an “FAQ” page providing informa�on on reloca�on assistance and rent increase.
• The City of Glendale’s webpage provides referral to Evic�on Assistance – Stay Housed LA, which is an online resource for LA area tenants facing evic�on. Tenant can visit the agency’s website to atend an online educa�onal workshop, connect with a legal services provider, or join a community organiza�on.
• City of Glendale’s webpage provides referral to Neighborhood Legal Services of Los Angeles County (NLS-LA) that provides free legal services to low -income residents within LA County. The agency's professional staff and volunteers help people navigate through the court system, from filling out the appropriate forms, develop self-help skills and other tools to allow clients to solve their own problems and train people for legal proceedings. The agency provides assistance with small claims, evic�ons, family law and other civil li�ga�on.
ATTACHMENT 5 - 57
• The City’s website also provides informa�on on Home Again LA that offers shelter services for unhoused families along with outreach services & rapid rehousing in partnership with the City.
• Addi�onally, the City’s website provides informa�on on Housing Rights Center, which provides e duca�on and outreach programs on fair housing laws , help locate opportuni�es for affordable housing, senior housing, and veteran housin g throughout Los Angeles and Ventura County, as well as access to housing counselors who provide informa�on on tenant- landlord rights and obliga�ons, including topics like security deposits, evic�ons, repairs, rent increases, and harassment.
Long Beach
(Tenant
Relocation
Assistance
Ordinance
effective since
June 2019)
• Per LBMC Sec�on 8.99.020(g), An owner of residen�al real property subject to LBMC Chapter 8.99 shall provide a writen no�ce to the tenant atached as an addendum to lease or rental agreement informing that:
"California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information.
California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Co de for more information."
• The City of Long Beach’s webpage provides informa�on on following city resources:
- Long Beach Resource line to providing access to local, City and community resources. - Mul�-Service Center to provide support to people facing hom elessness by connec�ng them with case management, housing services, medical services through a clinic, obtaining iden�fica�on, employment assistance, mental health support, safe parking program, and more.
- Housing Authority of the City of Long Beach that administers the City’s Rental Housing Assistance Programs, which primarily includes the Housing Choice Voucher Sec�on 8 Program (HCV). These programs are designed to provide rental subsidies and other financial assistance to low-income individuals and families, the elderly, and the disabled.
• The City of Long Beach’s webpage provides informa�on on following addi�onal resources:
- Fair Housing Founda�on – The City partners with The Fair Housing Founda�on, which provides counseling related to housing dis crimina�on claims, tenant rights, habitability issues and evic�ons among other tenancy -related problems and offers referrals for other agencies. Community members can reach out to an FHF representa�ve who can help navigate issues one-on-one.
- Legal Aid Founda�on of Los Angeles, a nonprofit law firm that offers legal aid as well as self -help resources on a variety of issues to protect and advance the rights of people with income less than 125% of the federal poverty guidelines.
ATTACHMENT 5 - 58
• The City partners with Stay Housed LA, which is an online resource for LA area tenants facing evic�on and provides access to educa�on workshops and legal clinics. Tenant can visit the agency’s website to atend an online educa�onal workshop, connect with a legal services provider, or join a community organiza�on.
Pasadena
(Pasadena
Charter
Amendment
effective since
December
2022)
• Pursuant to PMC Sec�on 1806(e), For every Property containing Rental Units subject to this Ar�cle, the Landlord shall post a no�ce on a form prepared and authorized by the Rental Board, providing informa�on about the existence of this Ar�cle.
No�ce must be posted in a conspicuous loca�on in the lobby of the Property, near a mailbox used by all Tenants, or in or near a public entrance to the Property. The no�ce shall be writen in English and Spanish, and in any other languages as required by the Rental Board.
• Pasadena City Council appoints a 11-member Rental Housing Board (RHB) as part of the adop�on of Measure H. RHB has the authority to establish rent increases, produce writen no�ces and publish forms for no�cing to current and prospec�ve tenants, establish and maintain a rental registry, establish rules and regula�ons related to rent control, and enforcement of the Charter Amendment. Addi�onally, RHB appoints hearing officers to conduct hearings on Pe��ons for Individual Rent Adjustment pursuant to this Ar�cle XVIII. Tenants and Landlords have access to RHB.
• Pursuant to PMC Sec�on 9.75.050 - Distribu�on of mul� -lingual landlord/tenant rights informa�on sheet: Landlords or property owners shall be required to provide to each exis�ng tenant, a one- page informa�on sheet, which outlines the provisions of th is chapter. The informa�on sheet will be mul� -lingual, with languages to be determined at the sole discre�on of the city. The sheet shall also include, but not be limited to the following informa�on: links to appropriate web- sites, housing and community development division, and city's housing media�on contractor. The city's housing department shall prepare the informa�on sheet.
- The City of Pasadena’s webpage provides informa�on on the City’s charter amendment and provides informa�on on reloca�on assistance as well as informa�on on workshops for educa�ng landlords and tenants on their rights.
County of Los
Angeles (LA
County Rent
Stabilization
and Tenant
Protections
Ordinance
(RSTPO)
effective since
• LACC Chapter 8.56 establishes a Landlord-Tenant Media�on Panel to mediate disputes between landlords and tenants regarding a no�ce of rental increase that is claimed to be excessive or unjus�fied as well as no�ce of termina�on served upon a tenant pursuant to Civil Code Sec�on 1946.
- Pursuant to LACC Sec�on 8.56.080, All panel members shall have completed training from the Federal Media�on Concilia�on Service or such other professional training agency as designated by the director of the community development department and shall have been rated as qualified by such agency. - Pursuant to LACC Sec�on 8.56.130, u pon receipt of a writen pe��on for media�on, staff shall hold an informal consulta�on with the affected tenant in person or by telephone. - Pursuant to LACC Sec�on 8.56.140, if the pe��on for media�on is not withdrawn following informal consulta�on, staff may set an ini�al media�on hearing to be conducted by a panel member assigned by the director or his designee.
ATTACHMENT 5 - 59
September
2021)
- Pursuant to LACC Sec�on 8.56.150, in cases where ini�al -step media�on does not result in an agreement, the media�on hearing shall be con�nued to a second-step media�on. A second-step media�on hearing may be set at the discre�on of the director or his designee in any other case following informal consulta�on. The director or designee shall assign three panel members for such hearing. The assigned members shall include one landlord, one tenant, and one neutral party.
- If no agreement is reached in a second- step media�on hearing, the media�on process shall terminate, and the mediators shall, within seven days a�er termina�on of the hearing, file with the department a brief report summarizing the media�on hearing. Such report shall be served upon all par�es to the hearing upon request. • LACC Chapter 8.64 establishes a Rental Housing Oversight Commission (appointed by Board of Supervisors) that regularly holds scheduled mee�ngs co nsistent with California Government Code sec�ons 54950 et seq (B r own Act) . Pur suan t t o LACC Sec�on 8.64.050, the commission shall have the following powers:
- Enforce the procedures and guidelines approved by the Department of Consumer and Business Affairs (Department) to aid in the implementa�on of County Code, Chapters 8.52 and 8.57. - Authority to hear, determine and review the administra�ve decisions made by the Department in its review of applica�ons submited by renters and owners related to County Code, Chapters 8.52 and 8.57, including but not limited to, appeals of determina�ons regarding:
Allowable rent increases; and
Allowable adjustments to the maximum allowable rent increase. - Authority to conduct hearings and render decisions on mobilehome park reloca�on impact reports, pursuant to County Code, Chapter 8.57.
- Authority to take other ac�ons delegated by the Board.
• 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.
• LACC Sec�on 8.52.120 ( Mandatory No�ces to Tenants) requires landlords to provide no�ce of tenant rights under LACC Chapter 8.52 to each tenant, prior to, or at the �me of agreeing to rent a fully or par�ally covered rental unit.
• DCBA shall publish a form no�ce of tenant rights in English and other frequently spoken languages. Landlords must provide the form no�ce under following circumstances:
- When entering into a Rental Agreement, by including a copy of the f orm no�ce as an e xhibit or atachment to the writen Rental Agreement;
- When renewing a Rental Agreement; and
- When providing no�ce of a Rent increase or decrease in a Fully Covered Rental Unit or a Service Reduc�on.
ATTACHMENT 5 - 60
• No�ce Regarding Poten�al Pass-Through Costs and Fees. A Landlord shall include language in the Rental Agreement that Tenant may be subject to pass-through costs and fees that have been reviewed and approved by the Department.
• If the Rental Agreement is nego�ated or writen in a language other than English, the Landlord must also provide the form no�ce of Tenant rights in English and the language in which the Rental Agreement was nego�ated or writen.
• Pos�ng on Property. A Landlord must post a copy of the form no�ce of Tenant rights poster, as published by the Department, in an on-site management office or in accessible area of the Rental Property.
• Per LACC Sec�on 8.52.180, DCBA shall have the authority to contract, in accordance with County contrac�ng rules and procedures, with community based organiza�ons for them to assist in the educa�on and outreach related to Chapter 8.52.
The County’s webpage provides informa�on on Stay Housed LA, which is a free service that provides income eligible tenants in Los Angeles County with informa�on on their rights and resources to help keep them in their homes. This network of assistance includes community organiza�ons that advocate for tenants, legal service providers, and government partners.
ATTACHMENT 5 - 61
Ov
erview of Regula�ons on Enforcement Me chanism
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 5 - 62
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 5 - 63
• 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 5 - 64
• 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 5 - 65
S
ummary of Regula�ons on En forcement 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).
• P
er 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 5 - 66
- 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 5 - 67
• 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, an 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 5 - 68
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 5 - 69
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 5 - 70
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 Process 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 5 - 71
• 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 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. Tenants are not required to exhaust their administra�ve remedies under this subchapter prior to filing suit pursuant to this § 15.09.350.
ATTACHMENT 5 - 72
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 5 - 73
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 5 - 74
- 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 willfully 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 5 - 75
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 5 - 76
- 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�on 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 5 - 77
- 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 5 - 78
- 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 principal 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, for 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.
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S
napshot of Landlord-Tenant Strategies in Different Jurisdic�ons Jurisdic�ons Local Rent
Cap
Reloca�on
Assistance
An�-
Harassment
An�-
Retalia�on
Access to
Resources
Access to
Legal
Professional
Administra�ve
Remedies
Civil
Remedies
Bell Gardens Yes Yes Yes Yes Yes Yes Yes Yes
Beverly Hills Yes Yes No Yes Yes Yes Yes Yes
Claremont No Yes No No Yes No No Yes
Culver City Yes Yes Yes Yes Yes Yes Yes Yes
Glendale No Yes No Yes Yes No Yes Yes
Long Beach No Yes Yes No Yes Yes No Yes
Pasadena Yes Yes Yes Yes Yes Yes Yes Yes
County of
Los Angeles
Yes Yes Yes Yes Yes Yes Yes Yes
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L
andlord-Tenant Regula�ons/Strategies in Burbank
Landlord-Tenant
Regula�ons/Strategies
Current Regula�ons in Burbank
Rent Cap • Burbank complies with State mandated rent cap of 5% plus the % change in Consumer Price Index (CPI), or 10%, whichever is lower.
Tenant Protec�on • Reloca�on Assistance - Burbank is subject to state mandated reloca�on assistance or rent waive equal to one month of the tenant’s rent that was in effect when the owner issued the no�ce to terminate the tenancy in case of no-fault just cause evic�ons for qualifying rental units. • Pursuant to City’s Ordinance no. 23-3,999 if termina�on of tenancy is based on substan�al remodel just cause evic�on, the owner shall provide reloca�on assistance equal to the amount of three month’s rent that was in effect when no�ce of termina�on was issued.
Access to Resources • Burbank Housing Division staff and the Landlord Tenant Commission meet every first Monday of the month to provide informa�on and resources to the community.
• Burbank contracts with the Housing Rights Center to conduct regular workshops for landlords and tenants on Fair Housing Laws and rights and responsibili�es.
Enforcement
Mechanism
• An owner’s failure to comply with regula�ons on substan�al reloca�on and reloca�on assistance pursuant to Ordinance no. 23-3,999 shall render no�ce of termina�on of tenancy void and shall be an affirma�ve defense to an unlawful detainer ac�on.
• Burbank is subject to remedies provided by the state law (California Civil Code Sec�ons 1946.2(h) and 1947.12(k)), allowing tenants to ins�tute a civil ac�on, seek injunc�ve relief, and seek damages in case of landlord’s failure to comply with state regula�ons on rent caps tenant protec�on including reloca�on assistance.
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