Maywood City Council
July 24, 2024

City of Maywood Rent Stabilization Program Fee Study Page | 17 Table 7: Allocation of Time for Option A – Two New Staff (continued) Reallocating 0.20 of the Director of Building and Planning from other City functions will provide 326 hours of work for the Rent Stabilization Program. This position would likely provide policy guidance and be the decision maker for various petitions and appeals.

OPTION A – TWO NEW STAFF

ALLOCATION OF TIME

PROGRAM TASKS
Estimated
Units
Per Year
Dir of Bldg
& Planning
(% of Time)
Dir of Bldg
& Planning
(Annual Hours)
1) Rental Registration - Section 8-21.12 4,900 10% 33
Rental Registry (New) - Section 8-21.12.B.1 4,900
Annual Re-Registration - Section 8-21.12.B.2 4,900
Notice of New Tenancy - Section 8-21.06.B.5 1,552
Change of Ownership/Management - Section 8-21.12 3
Verification of Exemption - Section 8-21.12.B.3 245
Registration Fee Collection - Section 8-21.12.D.1 4,900 Annual Allowable Rent Calculation - Section 8-21.6.C 1
Forms of Tenant Rights - Section 8-21.12.B.4 & 8-21.14.A 1 General Inquiries (Phone Calls & Walk Ins) 2,479
2) Petition Process – Section 8-21.08 to 8-21.10 132 10% 33 Capital Improvement Pass-Through - Section 8-21.08 1
Landlord Rent Adjustment - Section 8-21.09 1
Tenant Petition Rent Adjustment - Section 8-21.10 36
3) Enforcement and Compliance – Section 8-21.13 245 10% 33 Failures to Maintain Health and Safety Codes - Section 8-21.13.A.2 Failures to Make Repairs - Section 8-21.13.A.3
Citations, Prosecutions & Litigations - Section 8-21.17 Case correspondence and record keeping
4) Hearings and Appeals – Section 8-21.16 132 10% 33
Landlord Petition - City Manager Decision - Section 8-21.12.C.2 Admin Review - Director Decision - Section 8-21.16.A
Appeal - Hearing Officer Decision - Section 8-21.16.B
Judicial Review - Section 8-21.16.F
5) Tenant Protections – Section 8-17 1,552 10% 33
Termination of Tenancy - Section 8-17.040 1,552
Just Cause Evictions - Section 8-17.050
No-Fault Just Cause (demolition, withdraw from market) - Section 8-17.060.A.1 No-Fault Just Cause (family occupancy) - Section 8-17.060.A.2 For-Cause Curable Lease Violations - Section 8-17.070
Relocation Assistance - Section 8-17.080
Tenant Protections During Temporary Relocation - Section 8-17.090.E Tenant Buyout Agreements - Section 8-17.100
Assistance and mediation for Tenant Eviction
6) Rent Stabilization Program Administration 50% 163
Budget, Staffing, Training, Department Coordination
Policy/Program Development, Legal Compliance
Education & Outreach
Agency Liaison & Regional/State representation
TOTAL 100% 326

City of Maywood Rent Stabilization Program Fee Study Page | 18 Table 8: Allocation of Time for Option B – Existing Staff Option B, reallocating 0.60 of an existing Housing Specialist from another City function, seems inadequate when the program is fully operational, and all rental units have been registered.

Allocating 978 hours of work is only reasonable as the program is starting up, and the City may consider contracted services to provide support as needed. Achieving high compliance to the rental registration would take a while.

OPTION B – EXISTING STAFF

ALLOCATION OF TIME

PROGRAM TASKS
Estimated
Units
Per Year
Housing
Specialist
(% of Time)
Housing
Specialist
(Annual Hours)
1) Rental Registration - Section 8-21.12 4,900 30% 293
Rental Registry (New) - Section 8-21.12.B.1 4,900
Annual Re-Registration - Section 8-21.12.B.2 4,900
Notice of New Tenancy - Section 8-21.06.B.5 1,552
Change of Onwership/Management - Section 8-21.12 3
Verification of Exemption - Section 8-21.12.B.3 245 25% 245 Registration Fee Collection - Section 8-21.12.D.1 4,900 Annual Allowable Rent Calculation - Section 8-21.6.C 1
Forms of Tenant Rights - Section 8-21.12.B.4 & 8-21.14.A 1 General Inquiries (Phone Calls & Walk Ins) 2,479
2) Petition Process – Section 8-21.08 to 8-21.10 132 5% 49 Capital Improvement Pass-Through - Section 8-21.08 1
Landlord Rent Adjustment - Section 8-21.09 1
Tenant Petition Rent Adjustment - Section 8-21.10 36
3) Enforcement and Compliance – Section 8-21.13 245 5% 49 Failures to Maintain Health and Safety Codes - Section 8-21.13.A.2 Failures to Make Repairs - Section 8-21.13.A.3
Citations, Prosecutions & Litigations - Section 8-21.17 Case correspondence and record keeping
4) Hearings and Appeals – Section 8-21.16 132 5% 49
Landlord Petition - City Manager Decision - Section 8-21.12.C.2 Admin Review - Director Decision - Section 8-21.16.A
Appeal - Hearing Officer Decision - Section 8-21.16.B
Judicial Review - Section 8-21.16.F
5) Tenant Protections – Section 8-17 1,552 10% 98
Termination of Tenancy - Section 8-17.040 1,552
Just Cause Evictions - Section 8-17.050
No-Fault Just Cause (demolition, withdraw from market) - Section 8-17.060.A.1 No-Fault Just Cause (family occupancy) - Section 8-17.060.A.2 For-Cause Curable Lease Violations - Section 8-17.070
Relocation Assistance - Section 8-17.080
Tenant Protections During Temporary Relocation - Section 8-17.090.E Tenant Buyout Agreements - Section 8-17.100
Assistance and mediation for Tenant Eviction
6) Rent Stabilization Program Administration 20% 196
Budget, Staffing, Training, Department Coordination
Policy/Program Development, Legal Compliance
Education & Outreach
Agency Liaison & Regional/State representation
TOTAL 100% 978

City of Maywood Rent Stabilization Program Fee Study Page | 19 Table 8: Allocation of Time for Option B – Existing Staff (continued) Option B, reallocating 0.20 of an existing Code Enforcement Officer from another City function, is severely inadequate when the program is fully operational. For now, the 408 hours of work could be used to assist with enforcement of the rental registration, as petition, code enforcement and tenant protections are not yet needed.

OPTION B – EXISTING STAFF

ALLOCATION OF TIME

PROGRAM TASKS
Estimated
Units
Per Year
Code Enf
Officer
(% of Time)
Code Enf
Officer
(Annual Hours)
1) Rental Registration - Section 8-21.12 4,900 30% 122
Rental Registry (New) - Section 8-21.12.B.1 4,900
Annual Re-Registration - Section 8-21.12.B.2 4,900
Notice of New Tenancy - Section 8-21.06.B.5 1,552
Change of Onwership/Management - Section 8-21.12 3
Verification of Exemption - Section 8-21.12.B.3 245
Registration Fee Collection - Section 8-21.12.D.1 4,900 Annual Allowable Rent Calculation - Section 8-21.6.C 1
Forms of Tenant Rights - Section 8-21.12.B.4 & 8-21.14.A 1 General Inquiries (Phone Calls & Walk Ins) 2,479
2) Petition Process – Section 8-21.08 to 8-21.10 132 5% 20 Capital Improvement Pass-Through - Section 8-21.08 1
Landlord Rent Adjustment - Section 8-21.09 1
Tenant Petition Rent Adjustment - Section 8-21.10 36
3) Enforcement and Compliance – Section 8-21.13 245 10% 41 Failures to Maintain Health and Safety Codes - Section 8-21.13.A.2 Failures to Make Repairs - Section 8-21.13.A.3
Citations, Prosecutions & Litigations - Section 8-21.17 Case correspondence and record keeping
4) Hearings and Appeals – Section 8-21.16 132 10% 41
Landlord Petition - City Manager Decision - Section 8-21.12.C.2 Admin Review - Director Decision - Section 8-21.16.A
Appeal - Hearing Officer Decision - Section 8-21.16.B
Judicial Review - Section 8-21.16.F
5) Tenant Protections – Section 8-17 1,552 25% 102
Termination of Tenancy - Section 8-17.040 1,552
Just Cause Evictions - Section 8-17.050
No-Fault Just Cause (demolition, withdraw from market) - Section 8-17.060.A.1 No-Fault Just Cause (family occupancy) - Section 8-17.060.A.2 For-Cause Curable Lease Violations - Section 8-17.070
Relocation Assistance - Section 8-17.080
Tenant Protections During Temporary Relocation - Section 8-17.090.E Tenant Buyout Agreements - Section 8-17.100
Assistance and mediation for Tenant Eviction
6) Rent Stabilization Program Administration 20% 82
Budget, Staffing, Training, Department Coordination
Policy/Program Development, Legal Compliance
Education & Outreach
Agency Liaison & Regional/State representation
TOTAL 100% 408

City of Maywood Rent Stabilization Program Fee Study Page | 20 Table 8: Allocation of Time for Option B – Existing Staff (continued) For the Director of Building and Planning, Option B is same as Option A. Reallocating 0.20 of the Director of Building and Planning from other City functions will provide 326 hours of work for the Rent Stabilization Program. This position would likely provide policy guidance and be the decision maker for various petitions and appeals.

OPTION B – EXISTING STAFF

ALLOCATION OF TIME

PROGRAM TASKS
Estimated
Units
Per Year
Dir of Bldg
& Planning
(% of Time)
Dir of Bldg
& Planning
(Annual Hours)
1) Rental Registration - Section 8-21.12 4,900 10% 33
Rental Registry (New) - Section 8-21.12.B.1 4,900
Annual Re-Registration - Section 8-21.12.B.2 4,900
Notice of New Tenancy - Section 8-21.06.B.5 1,552
Change of Onwership/Management - Section 8-21.12 3
Verification of Exemption - Section 8-21.12.B.3 245
Registration Fee Collection - Section 8-21.12.D.1 4,900 Annual Allowable Rent Calculation - Section 8-21.6.C 1
Forms of Tenant Rights - Section 8-21.12.B.4 & 8-21.14.A 1 General Inquiries (Phone Calls & Walk Ins) 2,479
2) Petition Process – Section 8-21.08 to 8-21.10 132 10% 33 Capital Improvement Pass-Through - Section 8-21.08 1
Landlord Rent Adjustment - Section 8-21.09 1
Tenant Petition Rent Adjustment - Section 8-21.10 36
3) Enforcement and Compliance – Section 8-21.13 245 10% 33 Failures to Maintain Health and Safety Codes - Section 8-21.13.A.2 Failures to Make Repairs - Section 8-21.13.A.3
Citations, Prosecutions & Litigations - Section 8-21.17 Case correspondence and record keeping
4) Hearings and Appeals – Section 8-21.16 132 10% 33
Landlord Petition - City Manager Decision - Section 8-21.12.C.2 Admin Review - Director Decision - Section 8-21.16.A
Appeal - Hearing Officer Decision - Section 8-21.16.B
Judicial Review - Section 8-21.16.F
5) Tenant Protections – Section 8-17 1,552 10% 33
Termination of Tenancy - Section 8-17.040 1,552
Just Cause Evictions - Section 8-17.050
No-Fault Just Cause (demolition, withdraw from market) - Section 8-17.060.A.1 No-Fault Just Cause (family occupancy) - Section 8-17.060.A.2 For-Cause Curable Lease Violations - Section 8-17.070
Relocation Assistance - Section 8-17.080
Tenant Protections During Temporary Relocation - Section 8-17.090.E Tenant Buyout Agreements - Section 8-17.100
Assistance and mediation for Tenant Eviction
6) Rent Stabilization Program Administration 50% 163
Budget, Staffing, Training, Department Coordination
Policy/Program Development, Legal Compliance
Education & Outreach
Agency Liaison & Regional/State representation
TOTAL 100% 326

City of Maywood Rent Stabilization Program Fee Study Page | 21 CHAPTER IV – CALCULATING COSTS AND FEES
Program Costs
The direct and indirect operating costs determined by RCS for the various services are based on the definitions of “costs reasonably borne” as utilized in Article XIIIB (Proposition 4) and as further defined by its authors in their background documents. The following are generally accepted elements of "costs reasonably borne."
Cost of Services
a) Labor costs and Employee Related Expenses
b) Operational services and supply expenses
c) Overhead expense
d) Administrative costs
e) Start-up costs
f) Future capital and replacement expenses
g) Costs of expansion of services
h) Repayment of debt
Table 9: Salary & Employee Benefits Costs – Option A – Two New Staff Option A – Two New Staff FTE
Staff
Hours
Salary
Costs
Benefit
Costs
Total
Costs
Housing Specialist (New) 1.00 1,630 68,624 15,863 84,487 Code Enforcement Officer (New) 1.00 1,630 49,450 28,997 78,447 Code Enforcement Officer (Current) 0.25 408 12,362 7,249 19,612 Director of Building and Planning
(Current) 0.20 326 29,157 11,558 40,715
Total Program Staffing 2.45 3,994 159,593 63,668 223,261 Table 10: Salary & Employee Benefits Costs – Option B – Existing Staff Option B – Existing Staff FTE
Staff
Hours
Salary
Costs
Benefit
Costs
Total
Costs
Housing Specialist (Current) 0.60 978 41,174 9,518 50,692 Code Enforcement Officer (Current) 0.25 408 12,362 7,249 19,612 Director of Building and Planning
(Current) 0.20 326 29,157 11,558 40,715
Total Program Staffing 1.05 1,712 82,694 28,326 111,020 Labor and Employee Benefit Costs – RCS worked with the City of Maywood to identify the appropriate staffing levels and calculate associated costs. RCS calculated the labor costs based on Maywood’ methodology for estimating vacant positions. We calculated the employee benefit costs based on the average fringe benefit percentage of each bargaining group.

City of Maywood Rent Stabilization Program Fee Study Page | 22 Operational Services and Supply Expenses - Various contracted services and operating expenses are essential to the City’s Rent Stabilization Program. These include the need for legal services, registration software, education & outreach services, and additional policy and process development. Other expenses include postage, legal notices, and IT hardware and software.

Indirect Administrative Costs - The purpose of deriving overhead costs is to apportion these amounts to direct service program costs. By adopting this method, the City will be aware of its true costs and be able to mirror business methods.

The City’s Building and Planning budget for FY 2023-24 does not include expenditures for indirect costs or other unforeseen incidentals. Therefore, RCS included an estimated $72,430 in Option A, which is 20% of the total program costs. In Option B, indirect administrative costs are $49,290, or 20% of program operating costs for the existing staff model.

Startup Costs – The City’s rent programs’ budget includes both one-time and ongoing costs. For example, the rental registry software selected by the City has a one-time implementation cost for the initial year, and annual maintenance cost. The registry software is averaged over five years for this study. Interviews with neighboring rent stabilization programs indicate that legal costs may be higher in the initial year as well. The proposed policy and process development costs could be reduced or eliminated in future years, as the City staff could take over this function.

Future Capital and Replacement Expense, Costs of Expansion of Services, and Repayment of Debt – None of these costs apply to the Rent Stabilization Program.

Table 11: Projected Budgets
Cost Account
Option A -
Two New Staff
Option B -
Existing Staff
5103 - Employee Salaries - Full-Time 159,593 82,694
52xx - Benefits Subtotal 63,668 28,326
6115 - Legal 35,000 35,000
6115 - Registration Software 50,000 50,000
6115 - Hearing Officer 25,000 25,000
6115 - Policy & Process Development 10,000 10,000
6115 - Public Information 10,000 10,000
6202 - Office Materials & Supplies 1,048 639
6304 - Dues and Memberships 1,305 796
6307 - Conference / Meeting Travel 1,926 1,174
6316 - Misc Code Enforcement Expenses 770 470
6501 - Applications/Software 3,852 2,348
9999 - Indirect Administrative Costs 72,430 49,290
Total Budget $434,592 $295,736

City of Maywood Rent Stabilization Program Fee Study Page | 23 Combined, the full cost for the Rent Stabilization Program is $434,592 per year under Option A staffing model and $295,736 under the Option B staffing model. Table 11 above presents the line-item budget for the Rent Stabilization Program’s first year of operations.

Calculating the User Fee
While most city services are paid by local tax dollars, cities also adopt user fee schedules to recover costs for fee services, such as recreation classes, planning applications, public works inspections, and building permits. The legal test for a user fee are:
• The customer is identifiable
• The service is measurable (e.g., time or cost)
• The service benefits an individual or group, and the use is exclusive The Rent Stabilization Program is designed to serve the landlords and tenants and exclude homeowners and businesses owners. The tasks and services within the Rent Stabilization Program proportionately serve all landlords and tenants, therefore, RCS recommends a single, flat Annual Rental Registration Fee.

Unique to Maywood, the staff time needed to process a rental registry exemption will be greater than typical, because it is more difficult to research, review and approve for the City. That is why RCS recommends a Registry Exemption Fee, as calculated below.

Table 12: Suggested Fees for Option A – Two New Staff

OPTION A - TWO NEW STAFF
Program Costs $434,592
Estimated Eligible Rental Units 4,900
Estimated Rental Registry (95% of Total Units) 4,655
Suggested Rental Registration Fee (per Unit) $90.00
Allowable 50% Pass-Thru (Monthly per Tenant) $3.75
Estimated Revenues - Rental Registry $418,950
Estimated Registry Exemptions (5% of Total Units) 245
Housing Specialist - Fully Burdened Hourly Rate $63.37
Time to process Registry Exemption (Hours) 1.00
Suggested Registry Exemption Fee (per Unit) $63.00
Estimated Revenues - Registry Exemption Fee $15,435
Total Estimated Revenues $434,385

City of Maywood Rent Stabilization Program Fee Study Page | 24 Table 13: Suggested Fees for Option B – Existing Staff
OPTION B – EXISTING STAFF
Program Costs $295,736
Estimated Eligible Rental Units 4,900
Estimated Rental Registry (95% of Total Units) 4,655
Suggested Rental Registration Fee (per Unit) $60.00
Allowable 50% Pass-Thru (Monthly per Tenant) $2.50
Estimated Revenues - Rental Registry $279,300
Estimated Registry Exemptions (5% of Total Units) 245
Housing Specialist - Fully Burdened Hourly Rate $63.37
Time to process Registry Exemption (Hours) 1.00
Suggested Registry Exemption Fee (per Unit) $63.00
Estimated Revenues - Registry Exemption Fee $15,435
Total Estimated Revenues $294,735
The City will have more data after several years of operations and should recalculate the Annual Registration Fee and Registry Exemption Fee then. At that time, the City could also consider separate fees for petition filing, which typically take a significant amount of staff time and resources to process.

City of Maywood Rent Stabilization Program Fee Study Page | 25 CHAPTER IV – COST RECOVERY

RECOMMENDATIONS
Suggested Rent Stabilization Fees
RCS has calculated that the fee required to offset the cost of the Rent Stabilization Program will be either $90 or $60 per unit, depending on which staffing plan the City Council ultimately adopts. The Registration Exempt Fee, is based upon the time it would take the Housing Specialist to process at the fully burdened hourly rate, approximately one hour and is calculated at $63 per unit.

Option A – Two New Staff
Required Fee
Per Unit # of Units
Projected
Budget
Rental Registration Fee $90 4,655 $419,067
Registration Exemption Fee $63 245 $15,525
Total 4,900 $434,592
Option B – Existing Staff
Required Fee
Per Unit # of Units
Projected
Budget
Rental Registration Fee $60 4,655 $280,211
Registration Exemption Fee $63 245 $15,525
Total 4,900 $295,736
RCS recommends Option A – Two New Staff, because the demand to operate the Rent Stabilization Program and enforcement of the rent stabilization and tenant protections ordinances will be greater than what current staff can provide. The City can utilize the extra staffing, now, to enforce the rental registration requirement, and only when Maywood has a registration compliance rate greater than 80% that collection of the rental registration fee would be deemed equitable.

After timely payment of the Rental Registration Fee, the landlord may pass through up to fifty percent (50%) of the Rental Registration Fee to tenants of the applicable rental unit, to be paid by the tenant in twelve (12) equal monthly installments. This translates to $3.75 or $2.50 per month to be paid by the tenant.

Other Considerations
Achieving high registration compliance in Maywood may be difficult with the current Rent Stabilization Ordinance because there are few fines or penalties for landlords who do not register or pay the registration fee. Other cities have achieved high registration compliance by restricting the landlord’s ability to rent out or collect rent when they are noncompliant. Maywood may wish to consider updating the Rent Stabilization Ordinance to include similar language.

City of Maywood Rent Stabilization Program Fee Study Page | 26 Maywood Municipal Code Section 8-21.17 talks about administrative citation, stating “[a]ny Landlord or Tenant who violates any provision of this chapter, or department's procedures and guidelines, is subject to an administrative citation and fine”. The City will need to enforce and cite some landlords who do not register their rental units, as this program is most successful when the City has a high registration rate. One hundred percent compliance would be ideal.

RCS also recommend implementing late fees for late registrations. After year one, landlords have already registered but have to incentive or disincentive to renew their registration fee. The following fee/late fee for the City based upon best practices from other jurisdictions with a rent stabilization ordinance.

Late Fees starting on October 31 Total Fees & Fines
If paid late, 30 days or less past October 31 Registry Fee + 10% of remaining balance due If paid 31 to 60 days past October 31 Registry Fee + 25% of remaining balance due If paid after 60 days past October 31 Registry Fee + 50% of remaining balance due Finally, RCS recommends creating a special revenue fund to account for all Rent Stabilization Program revenues and expenditures. This separation from the General Fund will help the City manage the program and ensure full cost recovery. The fund should build up and maintain a 20% fund balance reserve.

APPENDIX A – RENT STABILIZATION ORDINANCE

AND TENANT PROTECTION ORDINANCE

ORDINANCE NO. 23~7

AN ORDINANCE OF THE CITY OF MAYWOOD ADDING A NEW
CHAPTER 21 TO TITLE 8 OF THE MAYWOOD MUNICIPAL CODE TO

ESTABLISH RENT STABILIZATION REGULATIONS

THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS
FOLLOWS:

Section 1. Title 8 (Building Regulations) is hereby amended by adding a new Chapter 21 entitled "Rent Stabilization" to read as follows:
"Chapter 20. Rental Stabilization
8-21.01
8-21.02
8-21 .03
8-21.04
8-21.05
8-21.06
8-21.07
8-21.08
8-21.09
8-21.10
8-21 .11
8-21.12
8-21.13
8-21.14
8-21.15
8-21.16
8-21.17
8-21.18
8-21.19
8-21.20
Purpose.

Definitions.

Applicability.

Exemptions.

Excess Rents Unlawful.

Permissible Rental Rate Increases.

Reasonable Rate of Return.

Pass-Through of Capital Improvement Costs.

Landlord Application for Rent Adjustment.

Tenant Petition for Rent Adjustment.

Security Deposit.

Rental Unit Registration.

Rent Increases Ineffective.

Notices to Tenants.

Enforcement.

Administrative Review and Appeals.

Administrative Citations.

Additional Remedies.

Waiver of Provisions of this Chapter Prohibited.

Implementation and Rulemaking.

8-21.01 Findings and Purpose.

The City Council of the City of Maywood finds:

A. Rents throughout the Los Angeles County region continue to rise despite the Tenant Protection Act of 2019. Market pressures, such as increasing real estate costs, has led to a decrease of the affordability and stability of the housing stock. As a result, it is increasingly difficult for Tenants to find adequate, safe, and habitable housing at reasonable rents.

B. According to the Maywood Housing Element, nearly twenty percent of Maywood's households are experiencing poverty. This is more than double the household poverty rate in the Southern California Association of Governments region.

Many elderly households are also experiencing poverty. Nearly 80% of Maywood's elderly families earn less than 50% of the Housing and Urban Development Area Median Family Income. Of these elderly families, 57.7% are living in extreme poverty as they earn less than 30% of the Housing and Urban Development Area Median Family Income.

C. According to the Maywood Housing Element, nearly three-quarters of Maywood's housing is renter-occupied. Approximately 63.2 % of Maywood renters are "rent burdened," which is defined by the U.S. Department of Housing and Urban Development (HUD) as a renter-household spending more than 30% of its household income on rent. An additional 30.7% are excessively rent burdened spending 50% or more of their gross income on rent. This is higher than other cities in the Southern California Association of Governments region.

D. The purposes of this Chapter are to promote long-term stability and certainty for Tenants in the rental market while providing Landlords an ability to receive a fair and reasonable return with respect to the operation of their property. This Chapter regulates rents and requires Landlords to register rental property, establishes an administrative hearing process, and provides for procedures, regulations and guidelines for the implementation and enforcement of this Chapter. 8-21.02. Definitions. For purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:

A. wAdministrative Procedures, Regulations and Guidelines" means the administrative procedures, regulations and guidelines adopted by the City Manager pursuant to Section 8-21 .20 of this Chapter.

B. "Capital improvement'' means the addition, substantial repair or replacement of any improvements to dwelling units, buildings, or common areas, which materially adds to the value of the property, appreciably prolongs its useful life or adapts it to new uses, provided such improvement has a useful life expectancy of more than five years and is the same type of improvement as those allowed to be amortized over the 2

useful life of the improvement in accordance with the Internal Revenue Code and its regulations or similar improvements as determined by the department and as specified in Section 8-21.08 and in the Administrative Procedures, Regulations and Guidelines. "Capital improvement" does not include normal or routine maintenance or repair or repairs covered by insurance.

C. "Covered Rental Unit" means any Rental Unit that is not designated as exempt pursuant to 8-21.04.

D . UDepartment" means the Building and Planning Department or other department designated by the City Manager to administer the provisions of this Chapter.

E. "Director" means the Director of Building and Planning or designee.

F. "Hearing Officer" means the person designated by the City Manager or designee to conduct a review hearing and decide petitions and appeals under this Chapter.

G. "Housing Servicestt means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of Tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provfded by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.

H. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.

I. "Rent" means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant's access to and use of housing services. "Rent" includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. "Rent" does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass* through fees and charges authorized pursuant to this chapter.

J. "Rental agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related housing services.
3

K. "Rental Unit" means any dwelling unit, as defined under California Civil Code Section 1940(c), located in the City and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including, and accessory dwelling units.

L. "Residential Real Property" includes any parcel of land containing one or more dwelling units intended for human habitation.

M. "Service Reduction" means any decrease or diminution in the level of housing services provided by the Landlord on or after the effective date of this chapter, including, but not limited to, services the Landlord is required to provide pursuant to: (a) California Civil Code Section 1941 et seq.; (b) z a Rental Agreement between the Landlord and the Tenant; and (c) the level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Landlord at the time of execution of the Rental Agreement with the Landlord.

N. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

0. UTenant" means a Tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement, to the use or occupancy of any Rental Unit.
8-21.03. Applicability. This Chapter shall apply to all Rental Units within the City, unless otherwise exempt pursuant to the provisions of this Chapter or State or federal law. This Chapter shall be known as the "Rent Stabilization Ordinance." 8-21.04. Exemptions. This Chapter shall not apply to any dwelling units expressly exempt pursuant to any provis1on of state or federal law, and such units shall be exempt from the provisions of this Chapter, with the exception of the requirements of Section 8-

21.12. The following dwelling units are also specifically exempt from this Chapter, with the exception of the requirements of Section 8-21.12:

A. Any dwelling unit that has a certificate of occupancy or equivalent permit issued after February 1, 1995. For this purpose, certificate of occupancy or the equivalent permit, is the certificate first issued before the property is used for any residential purpose.

B. Any dwelling unit that is alienable separate from the title to any other dwelling unit, including single family residences, condominiums and townhomes, but excluding mobile homes offered for rent by the owner of the mobilehome, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d) or (f).
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C. Any dwelling unit restricted by deed, regulatory for which the Landlord receives federal, state or local housing subsidies, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937.

D. Any dwelling unit for which rental rates are separately governed by deed restriction, regulatory restriction, a contract or other recorded document with or required by a governmental or non-profit entity, for use as affordable housing pursuant to Health and Safety Code Section 50093.

E. Accommodations in a hotel, motel, inn, tourist home, or rooming and boarding house or other facilities, for which the City has received or is entitled to receive payment of transient occupancy tax pursuant to Article 3 of Chapter 5 of the Maywood Municipal Code.

F. A dwelling unit that the Landlord or the Landlord's immediate family occupies as their principal place of residence at the beginning of the Tenancy so long as the Landlord or the Landlord's immediate family continues in occupancy.

Any person with an ownership interest in a Rental Unit may claim an exemption from this Chapter by filing with the Department an application of exemption on a form approved by the Department.
8-21.05. Excess Rents Unlawful. It shall be unlawful for a Landlord to charge, demand, extract, accept, recejve or retain any Rent in excess of the maximum amount which may be validly charged as set forth in this Chapter. 8-21.06. Permissible Rental Rate Increases.

A. Applicability. As of September 22, 2023, no Landlord may request, receive, or retain rent for a Covered Rental Unit from an existing Tenant whose Tenancy began on or before September 22, 2023, in an amount that exceeds the monthly rent that was in effect on September 22, 2023, plus any Rent increase authorized by this Section 8-

21.06. No Landlord may request, receive, or retain rent for a Covered Rental Unit from a Tenant whose Tenancy began after September 22, 2023, which amount exceeds the initial monthly rent charged for the Covered Rental Unit, plus any increase authorized by this Section 8-21.06, if applicable.

B. Annual Permissible Rent Increases. On or after September 22, 2023, Rent for a Covered Rental Unit may be increased no more than four percent (4%) or the change in the Consumer Price Index, whichever is less, subject to the following provisions:

1. For purposes of this paragraph, "change in CPI" means the percentage change in the Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim region over the previous 12-month period ending in April 5

of each year or such other month as provided for in the Administrative Procedures, Regulations and Guidelines.

2. No more than one Rent increase for a Covered Rental Unit may be imposed in any twelve (12) month period following the effective date of the ordinance adopting this Chapter.

3. A reduction in Housing Services is considered an increase in Rent.

4. No Landlord shall be obligated to decrease the Rent in the event of a negative percentage change in CPI. .

5. A Landlord may set an initial Rent for a Covered Rental Unit without restriction at the commencement of a new Tenancy where no Tenant or a member of Tenant's household is an occupant of the Covered Rental Unit in question. After the Landlord sets the initial Rent for such Covered Rental Unit, the Landlord may only increase the rent as provided by this Chapter.

6. A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this section, only after providing at least 30 days' written notice to the Tenant of the rent increase pursuant to California Civil Code Section 827.

7. A Landlord may impose an annual Rent increase only upon registering the Rental Unit with the City and paying any required annual registration fee.

C. The Department shall announce the maximum allowable annual Rent increase effective as of July 1 of the same year or at such other date as set forth in the Administrative Procedures, Regulations and Guidelines.

D. A Landlord who does not impose an annual Rent increase or a portion of the pennitted annual Rent increase waives that annual Rent increase or the remaining portion of that permitted annual rent increase for the remainder of the Tenancy. A Landlord shall not bank any waived or unused permitted annual rent increases for use in future years.

E. This chapter does not supersede a Landlord's right to set the initial Rent for new tenancies under state law.

F. A Tenant of a Covered Rental Unit subject to this section shall not enter into a sublease that results in a total Rent for the Rental Unit that exceeds the allowable Rent authorized by this section. Nothing in this section authorizes a Tenant to sublet or assign the Tenant's interest where otherwise prohibited.

G. A Tenant may refuse to pay a Rent increase which is in violation of this Chapter. Such refusal to pay the unallowed increased amount in excess of permitted Rent 6

charges shall be an affirmative defense in any action brought to recover possession of a Rental Unit or to collect the Rent increase owed.

H. Notwithstanding the provisions of this Section 8-21.07, any rent increase may not be imposed until after the 60th day from the effective date of this Chapter and as long as the Landlord is in compliance with the other provisions of this Chapter. 8-21.07. Reasonable Rate of Return. This Chapter allows for an annual adjustment of Rent for any of up to CPI or four percent (4%), whichever is less, as set forth in Section 8-21.06. The City finds such an increase provides a just and reasonable return on a Landlord's property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any Landlord who contends that the limit on rental increases set forth in this Chapter above will prevent a Landlord from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in Section 8-21.06 under the procedures set forth in section 8-21.09 and under applicable laws.
8-21.08. Pass-Through of Capital Improvements Costs.

A. A Landlord may pass through fifty percent (50%} of Capital Improvement costs to existing Tenants in Covered Rental Unit in accordance with this Section and the Administrative Procedures, Regulations and Guidelines.

B. Capital Improvements must be for the primary benefit, use and enjoyment of Tenants, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the rental property. A Landlord must file an application for recover of Capital Improvement costs within twelve (12) months from the date of completion of the Capital Improvement.

C. If a Landlord's application is approved by the Director, the Landlord may pass-through approved costs of Capital Improvements to Tenants in Covered Rental Units only if: (1) the Landlord has provided written notice to the Tenant of the approved pass-through costs to Tenants in accordance with California Civil Code Section 827; {2} the Landlord has registered each Rental Unit, and is current on payment of registration fees pursuant to Section 8-21 . 12.

D. The Director's decision may be appealed to a hearing officer in accordance with Section 8-21 .15.
8-21.09. Landlord Application for Rent Adjustment.

A. If a Landlord desires to increase the Rent for a Covered Rental Unit in an amount greater than allowed in Section 8-21.06, and the Landlord contends that the limitations on Rent increases in Section 8-21 .06 will prevent the Landlord from receiving 7

a fair and reasonable return with respect to the operation of the property containing the Rental Unit, the Landlord may file a rent adjustment application with the Community Development Department to request an increase in Rent beyond the amount permitted under Section 8-21 .06. The application for the Rent increase shall be processed in accordance with the provisions herein and the Administrative Procedures, Regulations and Guidelines.

B. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code Section 194 7 .12.

C. If a Landlord's application for a rent increase is approved by the Director, the rent increase is effective only if: (1) the Landlord has provided written notice to the Tenant of the approved Rent increase for the Covered Rental Unit in accordance with California Civil Code Section 827; and (2) the Landlord has registered each Rental Unit in the Rental Property, and is current on payment of registration fees pursuant to Section 8-21.12.

D. The Director's decision may be appealed to a hearing officer in accordance with Section 8-21.15.
8-21.10. Tenant Petition for Rent Adjustment.

A. If a Tenant contends that a proposed or actual rent increase is not in compliance with this Chapter or that there has been a reduction in Housing Services, the Tenant may file a petition with the Department within one-hundred eighty (180) days from the date the Tenant knew, or reasonably should have known, of the Landlord's potential violation. The Tenant shall mail a copy of the petition by first class mail, postage prepaid, to the Landlord within five calendar days after the date the petition is filed. Within ten calendar days after the date the petition is filed, the Tenant shall file a proof of service signed under penalty of perjury stating that a copy of the petition was mailed to the Landlord. The petition shall include a statement indicating the basis on which the Tenant contends that a proposed or actual rent increase or a proposed or actual reduction in housing services is in violation of this Chapter, together with any evidence tnat the Tenant wants the Director to consider. The Tenant shall bear the burden of proving by a preponderance of the evidence at the hearing that the rent increase or reduction in housing services is not in compliance with this Chapter.

B. Tenant petitions will be considered and determined by the Director in accordance with Administrative Procedures, Regulations and Guidelines. The Director's decision may be appealed to a hearing officer, in accordance with the procedures set forth in Section 8-21.16
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8-21.11. Security Deposit.

A. Landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of the security deposit charged or received at the initiation of the Tenancy.

B. As used in this section, security deposit means any "security'' as defined in California Civil Code Section 1950.5.
8-21.12. Rental Unit Registration.

A. Registration Required. No Landlord shaU demand or accept rent for a Covered Rental Unit without first registering the Covered Rental Unit and serving on the Tenant or displaying in a conspicuous place, proof of registration.

B. Registration Process.

1. Within 60 days after the effective date of this Chapter for the initial registration, and on or before September 30th of each subsequent year, a Landlord must register with the department each Rental Unit that is rented or available for rent for a term exceeding 30 consecutive days by filing a rental registration in a form approved by the City. The Landlord shall provide the Rent amount and Tenancy information for every Rental Unit on the rental registration form. Registration is complete only when any and all fees under this Chapter have been paid and all of the following information is provided:
ownership information; property information; year built; certificate of occupancy date or the date the final permit was issued by the City; the number of total Rental Units in the rental property; the number of bedrooms and bathrooms for each Rental Unit; Tenant information, including names and move-in dates; the amount of rent in effect at the time of registration and the date and amount of the last rent increase; and a description of the housing services.

2. After the initial Rental Unit registration, the Landlord shall: (i) update the rental registration annually; (ii) update the rental registration within 30 days of the start of a new tenancy; (iii) update the rental registration if there is any subsequent change in tenancy or ownership (i.e. change in ownership or management or change in owner's or manager's contact information).

3. A Landlord of a Rental Unit which is not registered with the City because of a claim of exemption, shall provide the City, on a form approved by the City and accompanied by supporting documentation, a written declaration stating the facts upon which the Landlord bases a claim of exemption from this Chapter. If a Landlord fails to submit a written declaration and supporting documents by September 30, 2023 and September 30 of each year thereafter, the Rental Unit shall be deemed to be subject to the provisions of this Section 8-21.06. If a Landlord declares that the Rental Unit is not subject to the registration requirements of this Section because the Rental Unit is vacant, 9

the Landlord shall provide a certification to the Department declaring that the Rental Unit is and shall remain vacant, and the Rental Unit shall be secured against unauthorized entry.

4. For every Rental Unit for which a Landlord is required to register pursuant to this Section, the Landlord shall post a notice in a form provided by the City, providing information about this Chapter and the Department's contact information.

Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice. If there is no common area or similar location, this requirement may be satisfied by mailing the notice to each Tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the City.

C. Failure to Comply; Appeals and Final Administrative Decision.

1. The Department shall provide written notification to the Landlord of a failure to comply with this Section and allow 15 calendar days to respond. The Landlord is deemed not in compliance until the Landlord provides the rental information as required by Section 8-21.12.B.1.

2. Any Landlord disputing the Department's notification of deficient registration may file a written appeal with the City Clerk within ten calendar days of the date of the notice of deficiency. The City Manager shall provide a written notice within 30 calendar days of its appeal decision, which shall be a final administrative decision.

D. Registration fee.

1. A Landlord must pay an annual registration fee for each Rental Unit in the amount established by resolution of the City Council. Such fees are intended to recover the city's reasonable costs associated with the administration and enforcement of the rent stabilization and Tenant eviction protection regulations as set forth in this Chapter 8-21 and Chapter 8-17.

2. A Landlord may recover fifty percent (50%) of the registration fee from the Tenant for the registration of Tenant's Rental Unit (the "pass-through fee"). A Landlord may only collect one pass-through fee at a time and only if the Landlord provides the Tenant with thirty (30) days' notice before collecting the pass-through fee. The passthrough fee is not considered rent and should appear as a separate line item on the rent statement. A Tenant's payment to the Landlord for the pass-through fee shall be paid in twelve (12) equal monthly installments, unless otherwise agreed to by the Tenant. 8-21.13. Rent Increases Ineffective.

A. No Rent increase shall be effective if the Landlord:
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1. Fails to substantially comply with all provisions of this Chapter, as it may be amended from time to time, and with any other applicable policies, regulations or resolutions concerning Rent, including without limitation the service of the Tenant with a legally required notice of a rent increase under State law, the registration of all Rental Units within the City, and the payment of all fees; or

2. Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10; or

3. Fails to make repairs ordered by the City or court of competent jurisdiction.

B. Any waiver or purported waiver by a Tenant of rights granted under this article prior to the time when such rights may be exercised shall be void as contrary to public policy.
8-21.14. Notices to Tenants.

A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of, agreeing to rent or lease a Covered Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and Spanish and any other language as needed. Landlords must provide the form notice in the following circumstances.

1. When entering into a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written rental agreement;

2. When renewing a rental agreement; and

3. When providing notice of a rent increase or decrease in a Covered Rental Unit.

B. Notice Regarding Potential 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.

C. !f the rental agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights and notice regarding potential pass-through costs and fees in English and the language in which the rental agreement was negotiated or written.
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8-21.15 Enforcement. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter. 8-21.16
A.

Administrative Review and Appeals.

Administrative Review.

1. The Director's decision on a Rent Adjustment Application, PassThrough Cost Recovery Application or a Tenant Petition for Adjustment will be given in a notice of decision. In the case of a decision on a Rent Adjustment Application or PassThrough Cost Recovery Application, the Landlord shall, within five calendar days after the decision date identified in a notice of decision that approves an increase in rent or a passthrough of capital improvement costs or other pass-through, deliver a copy of the notice to each affected Tenant. In the case of a decision on a Tenant Petition for Adjustment, the Director shall serve the notice of decision on the Tenant and the Landlord concurrently.

2. The Director shall review and evaluate applications pursuant to this chapter and issue a notice of decision in accordance with adopted procedures and regulations.

3. The Director may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.

4. The Director's decision may be appealed to a hearing officer in accordance with the following procedures set forth herein.

B. Appeal. A Landlord or an affected Tenant who wishes to contest the Director's decision on a Rent Adjustment Application or Pass-Through Cost Recovery Application, or a Landlord or Tenant who wishes to contest the Director's decision on a Tenant Petition for Adjustment, may file a request for appeal of the Director's decision with the City Clerk requesting a hearing, which will be heard in accordance with the procedures set forth in this Section.

1. Appeals shall be submitted in writing on a request for appeal form, along with the accompanying appeal fee, and filed with City Clerk within 30 calendar days after the decision date identified in the notice of decision {"final decision"). The hearing officer shall have no authority to consider matters not filed within thirty (30) days of the final decision. If the filing deadline falls on a weekend, holiday, or other day when city hall is officially closed, the filing deadline will extend to the following city hall business day.
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2. The request for appeal shall specifically state the pertinent facts and the basis for the appeal and shall include:
a. A general statement, specifying the basis for the appeal and the specific aspect of the decision being appealed, and shall be based upon an error in fact or dispute of findings.
b. Supporting evidence substantiating the basis for the appeal. c. Any other documentation or information the appealing party wants the hearing officer to consider.

C. Hearing Procedure.

1. Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than 15 days and no later than 60 days after receipt of the request for appeal, unless the hearing officer determines that good cause exists for an extension of time. Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing.

Within five (5} calendar days of receipt of the notice of hearing, the appealing party shall deliver a copy of the notice to each affected Tenant or Landlord, as applicable, via personal service or certified mail return receipt requested.

2. Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the hearing officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the department, and any other interested party. The hearing office may continue the hearing and request additional information from the Landlord or Tenant before issuing a written decision. The hearing officer shall have the power to issue orders to keep order and decorum during the hearing.

3. Application and Materials. At an appeal hearing, the hearing officer shall consider only the administrative record that was the subject of the department's final decision.

4. Hearing continuance. The hearing officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause. The request must be made in writing and be received by the hearing officer at least five business days prior to the hearing date. If the Landlord is the party requesting an extension, the Landlord must personally deliver a copy of the request to the affected Tenant(s). If a Tenant is the party requesting an extension, the Tenant must personally deliver a copy of the request to the Landlord or Landlord's agent. In no event shall the continuance be longer than 15 calendar days from the originally scheduled hearing date. 13

D. Decision and Notice.

1. After the hearing, the hearing officer shall either: (a) affirm, modify, or reverse the department's decision and specify the reasons for its decision; or (b) refer the matter back to the department for further review.

2. A written decision shall be rendered within thirty (30) calendar days of the conclusion of the hearing. The hearing officer shall deny, affirm or modify the Director's decision and shall adopt written findings in support of that decision.

3. The written decision shall be served by first-class mail, postage prepaid on the appealing party and as applicable, the Landlord or affected Tenant within ten (10)days after the hearing officer renders its decision.

E. Final Decision. The decision of the hearing officer shall be final and not subject to further appeal.

F. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative 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 Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.

G. Hearing Officer. The City Manager shall establish procedures for the selection of a Hearing Officer. Hearing Officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the Hearing Officer be the Director. The compensation, if any, of the Hearing Officer shall be paid by the City.

Compensation shall not be directly or indirectly conditioned upon whether or not decisions of the City are upheld by the Hearing Officer.
8-21.17 Administrative Citations. Administrative Citation. Any Landlord or Tenant who violates any provision of this chapter, or department's procedures and guidelines, is subject to an administrative citation and fine as provided for in Section 6-4.30 of this Code.
8-21.18 Additional Remedies.

A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant, who will fairly and adequately represent the Tenant's interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable 14

attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.

B. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord's failure to comply with the provisions of this chapter in any action by a Landlord to recover possession of a Rental Unit.

C. Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

D. The above remedies are not exclusive and do not preclude the city or any Tenant from seeking other remedies or penalties provided by applicable law. 8-21.19. Waiver of Provisions of this Chapter Prohibited. Any provision of a rental agreement or lease, including any amendment or extension, or any other agreement between a Landlord and a Tenant, which waives any provision of this Chapter, including but not limited to the provision relating to the maximum amount of rent to be paid for a Covered Rental Unit, shall be deemed to be against public policy and shall be void, unless expressly authorized by State law.
8-21.20. Implementation and Rulemaking.

A. The City Manager and City Attorney shall take all actions necessary to implement this Rent Stabilization Ordinance and effectuate the intent of the City Council in adopting this Rent Stabilization Ordinance, including the preparation of informational materials and forms.

B. To implement and enforce this Chapter, the City Manager may adopt administrative procedures, regulations and guidelines consistent with the provisions of this Chapter. These administrative procedures, regulations and guidelines shall have the force and effect of law and may be relied upon by the parties to determine their rights and responsibilities under this Chapter. Such administrative procedures, regulations and guidelines shalt be posted at City Hall or on the City's website or made available by the City when so adopted.

Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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Section 3. Effective Date of Ordinance. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

Section 4. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, AND ADOPTED, this 23rd day of August, 2023.

AYES: DE LA RIVA, MARQUEZ, TORRES, AGUILUZ, GARCIA
NOES:

ABSENT:

ABSTAIN:

ATTEST:

Daisy Guerrero,
APPROVED AS TO FORM:
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STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF MAYWOOD
I, Daisy Guerrero, Deputy City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Ordinance, being Ordinance No. 23-07, was duly passed, approved by not less than four members of the Clty Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk. all at a regular meeting of the City Council held on the 23rd day of August, 2023, that it was duly posted and that the same was passed and adopted by the following vote, to wit:

AYES: DE LA RIVA, MARQUEZ, TORRES, AGUILUZ, GARCIA
NAYES:

ABSENT:

ABSTAINED:

Daisy Guerrero,
17

ORDINANCE NO. 23-11

AT ORDINANCE OF THE CITY OF MAYWOOD AMENDING IN ITS
ENTIRETY CHAPTER 17 OF TITLE 8 OF THE MAYWOOD MUNICIPAL

CODE REGARDING TENANT PROTECTIONS

THE CITY COUNCIL OF THE CITY OF MAYWOOD HEREBY ORDAINS AS FOLLOWS:

Section 1. Chapter 17 of Title 8 of the Maywood Municipal Code is hereby amended in its entirety to read as follows:

Chapter 17. Tenant Protections.

8.17.010. Findings and Purpose.

In accordance with California Civil Code Section 1946.2(g)(1 )(B), the City Council finds the provisions of this Chapter 17, regulating, among other things, just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 for the following reasons: (i) The just cause for termination of a residential tenancy under this Chapter is consistent with California Civil Code § 1946.2; and (ii) This Chapter provides additional tenant protections that are not prohibited by any other provisions of applicable law.

8.17.020 Applicability. This Chapter shall apply to all Rental Units within the City, unless otherwise exempt pursuant to the provisions of Chapter 21 of Title 8 of this Code or State or federal law. This Chapter shall be known as the "Tenant Protection Ordinance."

8.17.030. Definitions
A. "Administrative Procedures, Regulations and Guidelines" means the administrative procedures, regulations and guidelines adopted by the City Manager pursuant to Section 8.17 .150 of this Chapter.

B. "Buyout agreement" means a written agreement between a landlord and a tenant as provided in Section 8.17.090 by which a tenant, typically in consideration for monetary payment, agrees to vacate a rental unit.

B. "City" means the city of Maywood.

C. "Code" means the city of Maywood Municipal Code.

D. "Department" means the Building and Planning Department or other department designated by the City Manager to administer the provisions of this Chapter.

E. "Director'' means the Director of Building and Planning or designee.

F. "Ellis Act" means California Government Code Sections 7060 through 7060.7.

G. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of Tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.

H. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.

I. "Landlord's Family Member'' means a spouse, brother, sister, children, grandchildren, parents, or grandparents of a landlord, provided the is a natural person whose name is on the title of the property and not a corporation or partnership. A natural person is required to have at least fifty-one percent (51 %) ownership in the rental property.

J. "Rent" means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant's access to and use of housing services. "Rent" includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. "Rent" does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to Chapter 20 (Rental Stabilization) of Title 8 of this Code.

K. "Rental Agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related housing services.

L. "Rental Complex" means one or more buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.

L. "Rental Unit" means any dwelling unit, as defined under California Civil Code Section 1940(c), located in the City and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including, and accessory dwelling units.
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M. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

N. "Tenant" means a Tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement, to the use or occupancy of any Rental Unit.

8.17.040 Termination of Tenancy
A. No landlord shall terminate a tenancy of an occupied rental unit if at least one tenant has continuously and lawfully occupied the rental unit for 12 months or more unless the landlord can demonstrate either a Just-Cause or No-Fault Just Cause termination.

B. When terminating a tenancy either Just Cause or No-Fault Just Cause, a landlord must comply with all of the following:

1. The landlord must serve a written notice to the tenant in accordance with California Civil Code Sections 1946 and 1946.5 that states the landlord will terminate the tenancy, indicates at least one for-cause or no-fault reason for termination in reasonable detail, and includes any other information required by federal or state law; and

2. The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the rental unit beyond the term of the terminated tenancy in compliance with California Civil Code Sections 1945 through 1946.5; and

3. The landlord qualifies the termination as Just Cause or No-Fault Just Cause, as specified in this section; and

4. If the termination is a No-Fault Just Cause termination, the landlord has provided the tenant with the notice of relocation assistance required by Maywood Municipal Section 8.17.080; and

5. The landlord has submitted to the Department, within five days after service of the notice of termination on the tenant, a true and accurate copy of the landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the tenant. The landlord shall maintain proof of service to the department as evidence that the landlord has complied with this section.

8.17.050. Just Cause Termination of Tenancy
A. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a rental unit, the termination qualifies as a Just Cause termination.

1. Failure to Pay Rent. Tenant failed to pay rent within three days of written notice being served on tenant by landlord demanding payment as provided in paragraph (2) of California Code of Civil Procedure Section 1161.

2. Violation of Material Term of Rental Agreement. Tenant violated a Material Term of the rental agreement as provided in California Code of Civil Procedure Section 1161 (3 ), after receiving written notice to cease, and did not cure such violation within ten (10) days after receiving written notice from the landlord of such violation.

3. Waste. A tenant committed waste as described in California Code of Civil Procedure Section 1161 (4 ).

4. Nuisance or Illegal Purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance at the Rental Unit or used the Rental Unit for an illegal purpose as provided in California Code of Civil Procedure Section 1161 (4) including:
a. Any crime or act of violence committed by a tenant of a rental unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed; or
b. Any threat of violent crime or violence, which includes any statement made by a tenant, or at the tenant's request, by the tenant's agent, to any person who is on the property where the rental unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety; or
c. Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the Rental Unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the tenant from the landlord and the passage of a reasonable cure period.

It shall be an affirmative defense to an action for possession of a rental unit under this Section 8.17.050(A)(4) if a court determines that: (i) the tenant or the tenant's household

member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and {ii) the Notice of Termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the tenant or a tenant's household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.

5. Failure to Sign Substantially Similar Lease. The tenant has refused to execute a written extension or renewal of a rental agreement upon expiration of a prior rental agreement, after written request or demand from the landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written rental agreement, and is consistent with federal, state, and local laws. For purposes of this subsection, the landlord's written request or demand must be received no later than 60 days before final day of tenancy of the prior rental agreement.

6. Assignment or Subletting in Violation of Lease. The tenant has assigned or sublet the rental unit in violation of the rental agreement, as provided in California Code of Civil Procedure Section 1161 (4). Notwithstanding any contrary provision in this section, a landlord shall not take any action to terminate a tenancy based on a tenant's sublease of the rental unit if all the following requirements are met:
(a) The tenant requests permission from the owner in writing to sublease the rental unit;
residence;
(b) The tenant continues to reside in the rental unit as their primary (c) The sublease replaces one or more departed tenants under the lease on a one-for-one basis; and
(d) The landlord fails to respond to the tenant in writing within forty-five (45) days of the receipt of the tenant's written request. If the landlord fails to respond to the tenant's written request, the request shall be deemed approved by the landlord if the lease is for a period of one year or less. A landlord's reasonable refusal of the tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a residential real property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision.

7. Refuse Access. Tenant's refusal, after landlord has provided a written request, to allow the Landlord reasonable access to the rental unit for the purpose of making necessary repairs or improvements in accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1.

8. Failure to Vacate After Termination of Employment. Tenant was employed by the landlord to serve as a resident manager or other employee, was provided with the rental unit as part of or as a condition of the employment and the employment has -5-

been terminated. This provision shall not apply to any tenant whose tenancy in the building or complex housing the rental unit commenced prior to assuming managerial responsibilities or whose status as a tenant commenced prior to their status as a resident manager.

9. Failure to Vacate After Termination of Lease. When the Tenant fails to deliver possession of the rental unit after: (a) providing the landlord written notice as provided in Civil Code Section 1946 of the tenant's intention to terminate a lease; or (b) making a written offer to surrender, that is accepted in writing by the landlord, but the time specified in that written notice as described in Code of Civil Procedure Section 1161(5) has expired.

10. Criminal activity by the tenant on the rental unit, including any common areas, or any criminal activity or criminal threat, as defined in Section 422(a) of the California Penal Code, on or off the rental unit, that is directed at any landlord or agent of the landlord of the rental unit. Further, at-fault just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein. If a tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tenant within the applicable statute of limitations period, the tenant shall be offered the right to restore the tenancy only if the same rental unit is available.

8.17.060. No-Fault Just Cause Eviction
A. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a rental unit, the termination qualifies as a No-Fault termination.

1. A landlord seeks in good faith to recover possession in order to imminently:
(a) demolish the rental unit; or (b) withdraw the rental unit permanently from rental housing use pursuant to the Ellis Act and other applicable state laws. In the case of any amendment to the Ellis Act, or any other provision of State law which amendment is inconsistent with this paragraph, this paragraph shall be deemed to be amended to be consistent with State law, and to the extent it cannot be so amended shall be interpreted to be effective as previously adopted to the maximum extent possible.

2. A landlord seeks in good faith to recover possession of a rental unit for the use and occupancy by landlord or landlord's family member as the principal residence only once for that person for each rental complex of the Landlord. Said rental unit must be occupied as the principal residence within 90 days of the tenant household vacating the rental unit, and the rental unit must continue to be occupied as the principal residence of landlord or landlord's family member for at least three years, as affirmed by the Landlord in a written affidavit submitted to the City.
a. A landlord must provide the tenant 60 days' written notice that the landlord intends to terminate the tenancy pursuant to this subsection. -6-

b. Owner-Occupancy Disclosure.
i. Not less than 60 days prior to the final date of the tenancy, in addition to any notice required by California Civil Code Section 827, the landlord must disclose to the department the name(s) of the eligible individual(s) who will occupy the rental unit, and the relationship of said individual(s) to the landlord. The information shall be provided on a form approved by the City and under penalty of perjury. ii. The department may contact landlord during the three-year occupancy time frame to confirm that the landlord or landlord's family member resides in the recovered rental unit(s), and may obtain written verification of residency, signed by the landlord under penalty of perjury.
c. A landlord may not terminate a tenancy under this section if any of the following apply, unless the landlord or landlord's family member who will reside in the dwelling unit is similarly situated as the tenant or tenant's household members who are being displaced:
i. Any tenant in the rental unit has continuously resided in the rental unit for at least five years, and a member of tenant's household is either: (A) 60 years of age or older; or (B) disabled as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code;
ii. Any tenant in the rental unit is terminally ill as certified by a treating physician licensed to practice in the state of California; or iii. Any tenant in the rental unit is a low-income tenant (lowincome tenant means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5).
d. The Landlord may only recover possession of a unit once in a thirtysix (36) month period under this Section. e. Tenant's Right of First Return.
i. If a landlord or landlord's family member ceases occupation of the rental unit within three years after the final date of tenancy, the tenant of a rental unit is entitled to receive notice of the first right to return to rent the same unit at the rent previously charged plus any annual rent increases allowed under Chapter 21 of Title 8 of this Code.

ii. Nothing in this section shall be construed to relieve the landlord of the obligation to directly contact the former tenant and to advise the tenant that the recovered rental unit will again be offered for rent.

B. All No-Fault terminations of tenancy are eligible for relocation assistance.

8.17.070. For-Cause Curable Lease Violation
A Before a landlord of rental unit issues a notice to terminate a tenancy For Cause that is a curable lease violation, the landlord shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to California Code of Civil Procedure Section 1161 (3). If the violation is not cured within the time period set forth in the notice, a three (3) day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

B. Any written notice to cease or correct must:
(1) Be dated and served upon the tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended from time to time;
(2) Inform the tenant that failure to cure may result in the initiation of eviction proceedings;
(3) Inform the tenant of the right to request a reasonable accommodation; (4) Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the date(s), place(s), witness(es), and/or circumstance(s) that support the reason(s) for the termination of the Tenancy.

8.17.080 Relocation assistance.

A Permanent Relocation Assistance. When relocation assistance must be paid to tenants who are evicted from their rental unit pursuant to Section 8.17.060, the landlord must make the relocation assistance payment in accordance with this section. The landlord must provide written notice to the tenant of the tenant's entitlement to permanent relocation assistance at the same time the landlord serves a notice of termination of tenancy.

1. The landlord shall pay a relocation assistance amount equal to three times the tenant's monthly rent in effect when the landlord served the notice to terminate the tenancy.
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2. 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 collectively entitled to additional relocation assistance as follows:
a. The landlord shall pay an additional relocation assistance amount equal to one times the tenant's monthly rent in effect when the landlord served the notice to terminate the tenancy.
b. For purposes of this subsection, "qualified tenant" means any tenant who: (i) is 60 years of age or older, disabled, as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code; or (ii) has one or more dependent children under the age of 18 residing in the rental unit; or (iii) meets the income limits for a "lower-income household" as defined in California Health and Safety Code Section 50079.5; or (iv) Has continuously resided in the rental unit for five years or more.

The tenant shall notify landlord within 10 days of receiving the termination of tenancy notice, if any of the tenants living in the rental unit from which the tenants are to be displaced includes a qualified tenant, along with any reasonable proof of eligibility. tenant.

3. Permanent relocation assistance payments must be paid directly to the a. 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 relocation assistance payment. b. Landlord shall pay one-half of the relocation assistance due no later than 15 days following service of the termination of tenancy and the balance due no later than five business days after the tenant has vacated the rental unit. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this chapter shall be recoverable as damages in an action to recover possession.

8.17.090 Tenant Protections During Temporary Untenantable Conditions A. Temporary untenantable conditions resulting from the activities described in this Section 8.17.090, are not a valid basis for a No-Fault Just Cause eviction under Section

8.17.060.

B. Landlords must mitigate untenantable conditions, including those resulting from the activities described in paragraph C below, either through actions to ensure that tenants can safely remain in their rental unit during the work or through the temporary relocation of tenants to comparable alternative housing accommodations. These two mitigation measures should not be regarded as mutually exclusive but rather as complementary approaches that might be appropriate to different stages of the -9-

construction. Untenantable conditions and/or an untenantable dwelling include the conditions described paragraph C below, in Cal. Civil Code § 1941.1 and any other condition that makes the rental unit incapable of being safely occupied.

C. The activities described below will be subject to the mitigation requirements of Section 8.17.090:

1. Substantial rehabilitation consisting of the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, 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. Cosmetic 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. The Landlord is required to secure building permits from the City.

2. Work performed in order to comply with housing, health, building, or safety laws of the State or this code, including but not limited to work performed to correct existing untenantable conditions. The Landlord is required to secure building permits from the City.

3. Tenant is required to temporarily vacate a rental unit upon the order of any government officer or agency.

4. Fumigation occurs that cannot be completed when a rental unit is occupied.

D. In order to mitigate temporary untenantable conditions, described in Section

8.17.090 Band C, a landlord must:

1. Provide mitigation measures that will meet the standards set forth in applicable housing, health, building and safety laws, unless temporary relocation benefits are provided;

2. Provide for protection of tenant's personal property during construction;

3. Provide for reasonable alternative parking for a tenant otherwise entitled to parking;

4. Provide for protection of tenants to exposure at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos;

5. Take reasonable steps to prevent the disruption of major systems during construction;

6. Provide for the safe storage of construction equipment and materials; -10-

7. Provide for the safe ingress and egress of tenant and tenant's guests;

8. Conform to permitted construction hours under this code or project permits;

9. Post a notification to tenants 30 days prior to commencement of construction or, as soon as practicable in the event of an emergency and in no event less than 24 hours prior, in an easily observable location at or near tenant entrances, including on the door of each affected rental unit, which notice shall state the expected duration of the construction work and briefly describe the nature of the work, and shall remain posted throughout the course of construction.

E. Temporary relocation.

1. If the activities described in Section 8.17 .090 B and C will make the rental unit an untenantable dwelling or will expose the tenant at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos, the landlord shall provide tenant with the following temporary relocation assistance during the temporary displacement period:
(a) Relocation to a motel or hotel accommodation or a short-term rental which is safe, sanitary, comparable to the tenant's sleeping arrangement, and unless otherwise agreed upon by the landlord and tenant, within a reasonable distance of the tenant's rental unit, and contains standard amenities such as a telephone and television; (b) Reasonable compensation for meals, if the temporary accommodation lacks cooking facilities;
(c) Reasonable compensation for laundry, if tenant's rental unit included laundry facilities inside the rental unit and the temporary accommodation does not include laundry facilities inside the unit;
{d) Reasonable accommodation for pets that were permitted in tenant's rental unit under the terms of the rental agreement or by law if the temporary accommodation does not accept pets;
(e) Any costs related to relocating the tenant to temporary housing accommodations, regardless of whether those costs exceed rent paid by the tenant for tenant's rental unit; and
applicable.
(f) Any costs related to returning tenant to his/her rental unit, if

2. Unless otherwise agreed upon by landlord and tenant, the landlord shall make payment directly to the motel or hotel as required under Section 8.17.090.E.1.a.

The landlord shall pay for lodging in the motel or hotel, even if the cost of such lodging is ·11-

more expensive than the tenant's existing rent calculated on a daily basis. All other compensation under Section 8.17 .090.E.1 shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.

3. The landlord shall have the option, in lieu of providing tenant relocation in accordance with Section 8.17.090.E.1.a of providing the tenant with comparable housing at any time during the period of the displacement, subject to the following:
(a) Such housing shall be comparable to the tenant's rental unit in location, size, number of bedrooms, furnishings, appliances, accessibility, type and quality of construction, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets permitted under the rental agreement or by law.
(b) If the landlord provides comparable housing at any time during the period of displacement, the tenant shall be entitled to remain at that same comparable housing unit throughout the period of displacement.
(c) The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant's existing rental unit.
(d) If the temporary housing is unfurnished, the landlord shall provide essential furnishings and household items or pay reasonable moving costs for the tenant to move essential furniture and household items to and from the rental unit and the temporary housing.
(e) The landlord and tenant may agree that the tenant will occupy a noncomparable replacement unit provided that the tenant is compensated for any reduction in accommodations, amenities, and services.

4. A landlord and tenant may mutually agree to allow the landlord to pay the tenant a per diem amount for each day of temporary relocation in lieu of providing temporary replacement housing. The agreement shall be in writing and signed by the landlord and tenant and shall contain the tenant's acknowledgment that he/she received notice of his/her relocation rights under this Section 8.17.090.E and that the tenant understands his/her rights. The amount of the per diem payment shall be determined periodically by a resolution of the City Council.

5. The temporary housing required by this Section 8.17.090.E shall be available to tenant within 24-hours of service or posting of any order or notice to vacate.

In the event the tenant is not required to immediately vacate, temporary housing shall be available to tenant as of the date the tenant actually vacates.

6. The displacement and relocation of a tenant pursuant to this Section

8.17.090.E shall not terminate the tenancy of the displaced tenant. The displaced tenant ·12-

shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental 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.

7. A tenant that is relocated for thirty (30) days or more shall not be responsible for any rent due on the rental unit from which it was relocated during the period of relocation and failure to pay rent during this period shall not constitute relinquishment of tenancy rights.

8. Temporary relocation payments as described in this Section will be made on a pro-rata basis to the tenant.

9. If the temporary displacement is for thirty (30) days or less, the Landlord must provide the Tenant a per-diem payment. If the temporary displacement is for thirtyone (31) days or more, the Landlord must provide the Tenant with comparable temporary accommodations or if agreed to by the Landlord and Tenant, a per diem payment.

10. The landlord shall provide written notice, before the tenant is temporarily displaced advising the tenant of the right to reoccupy the rental unit under the existing terms of tenancy once the work which necessitated the displacement is completed and the projected completion date of such work. Unless the landlord provides the temporary replacement housing, the tenant shall provide the landlord with the address to be used for the notifications required to be provided by the landlord under this Section 8.17.090.E.

When the date on which the rental unit will be available for re-occupancy is known, or as soon as possible thereafter, the landlord shall provide written notice to the tenant by personal delivery, or registered or certified mail. If it became necessary to temporarily relocate the tenant for over 30 days and the tenant has a separate tenancy agreement with a third party housing provider, the landlord shall give the tenant a minimum of 30 days written notice to reoccupy the rental unit. In all other cases, the landlord shall give the tenant a minimum of seven days written notice to reoccupy, unless the landlord gave the tenant written notice of the date of re-occupancy prior to the start of temporary relocation.

11. A copy of all written notices to tenant required by this Section 8.17 .090.E shall be filed with the Department within five business days after providing such notice to tenant.

12. Nothing in this Section 8.17 .090 shall be construed as authorizing a landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law.

13. The remedies under this Section 8.17 .090 are cumulative and in addition to any other remedies available under federal, State, or local law. -13-

F. Option to voluntarily terminate tenancy.

1. If the temporary untenantable conditions of a rental unit are projected to persist for 30 days or more, the tenant of that rental unit shall have the option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of Section 8.17.100, and the return of any security deposit that cannot be retained by the landlord under applicable law.

2. If the temporary untenantable conditions of a rental unit continue for 30 days longer than the projected completion date of the work, as set forth in the written notice to tenant required by Section 8.17.100.E.9, the tenant's option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of Section 8.17.100 shall be renewed.

G. Any action brought by a tenant for a violation of this section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this section.

H. The amount of the per diem payment and other reasonable compensation described in this Section shall be determined periodically by a resolution of the City Council.

I. The timing of any payments and notices and any other matters to effectuate the provisions of this Section 8.17.090 shall be set forth in the Administrative Procedures, Regulations and Guidelines.

8.17.100. Tenant buyout agreements.

A. Landlord's Disclosure Prior to Buyout Offer. At the time a proposed buyout agreement is provided, the landlord shall provide each tenant in the rental unit a written disclosure, on a form approved by the department, in English and in the tenant's primary language if other than English translated at the landlord's expense, that shall include all of the following:

1. A statement that the tenant has a right not to enter into buyout negotiations or a buyout agreement;

2. A statement that the tenant may choose to consult with an attorney before entering into a buyout agreement;

3. A statement that the tenant may rescind the buyout agreement for up to 30 days after it is fully executed;
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4. A statement that the tenant may contact the department for information about other buyout agreements in the tenant's neighborhood and other relevant information;

5. Any other information required by the department consistent with the purpose and provisions of this section; and

6. A space for each tenant to sign and write the date the landlord provided the tenant with the disclosure.

B. Requirement for Buyout Agreements. The buyout agreement shall:

1. Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the landlord's expense. The landlord shall give each tenant a copy of the proposed buyout agreement at least 45 days before it is executed by the parties.

2. Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the tenant:
a. "You may cancel this buyout agreement in writing at any time before the thirtieth (30th) day after all parties have signed this buyout agreement." b. "You have a right not to enter into a buyout agreement." c. "You may choose to consult with an attorney before signing this buyout agreement. The City of Maywood Building and Planning Department may also have information about other buyout agreements in your neighborhood." C. Rescission of Buyout Agreement. A tenant shall have the right to rescind a buyout agreement for up to 30 days after its execution by all parties. In order to rescind a buyout agreement, the tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the landlord indicating that the tenant has rescinded the buyout agreement.

D. Filing of Buyout Agreement and Disclosure Notice. The landlord shall provide the tenant a copy of the fully executed buyout agreement within 10 days of execution.

Landlord shall also file with the department a copy of the executed buyout agreement, along with proof of service to the tenant of the disclosure notice as required in this section, within 10 days after the buyout agreement is executed by all parties.

8.17.110. Retaliatory Eviction.

A. No landlord may terminate a tenancy or refuse to renew a tenancy or otherwise cause a tenant to vacate a rental unit, if the landlord's intent in termination of -15-

the tenancy or refusal to renew the tenancy is retaliatory in nature, and if the tenant is not in default as to the payment of rent.

B. A tenant may assert retaliation affirmatively or as a defense to the landlord's action regardless of the period of time which has elapsed between the tenant's assertion or exercise of rights under this chapter and the alleged act of retaliation.

C. Retaliation against a tenant because of the tenant's exercise of rights under this Chapter or Chapter 21 of Title 8 (Rental Stabilization) is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.

8.17.120. Anti-Harassment.

No landlord, or any person, acting as a principal or agent, or any contractor, subcontractor or employee of the landlord shall engage in harassment of any tenant of any rental unit that is subject to the provisions of Chapter 21 of Title 8 of this Code under any rental unit agreement, which includes the following conduct done with an intent to vex, annoy, injure or intimidate a tenant:

1. Interrupt, terminate reduce or fail to provide housing services required by a rental agreement or by Federal, State, or local housing, health or safety laws, or threaten to do so, or violate California Civil Code Sections 789.3 and 1940.2, except when necessary to comply with a court order or local or State law;

2. Fail to perform repairs and maintenance required by a rental agreement or by Federal, State, or local housing, health, or safety laws;

3. Conduct elective renovation or construction of rental unit for the purpose of harassing a tenant;

4. Request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation.

5. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow applicable industry repair, containment or remediation requirements designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;

6. Abuse the landlord's right of access into an rental unit as that right is specified in California Civil Code Section 1954. This includes entries for "inspections" that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain tenants or are used to collect evidence against the tenant or otherwise beyond the scope of an otherwise lawful entry; -16-

7. Abuse the tenant with words which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications;

8. Influence or attempt to influence a tenant to vacate an rental unit through fraud, intimidation or coercion (examples of such influence or attempts include, but are not limited to, the following: excessive rent increases, baseless threats to evict, threats to report immigration status, threats to report a tenant to the United States Department of Homeland Security, terminating a tenancy on a fraudulent basis of owner-occupancy, excessive and baseless entries by landlord);

9. Threaten the tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a Rental Unit during in-person conservations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.

10. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child, immigration status, source of income, gender identity, gender expression, or any other class expressly protected by a local, State, or Federal law;

11. Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of an rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a judgment in the tenant's favor in that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a tenant on behalf of a landlord to recover possession of a rental unit;

12. Interfere with a tenant's right to quiet use and enjoyment of the rental unit as that right is defined by California law;

13. Refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in the rental agreement or as established by the usual practice of the parties or applicable law, or in a notice to pay rent or quit;

14. Interfere with a tenant's right to privacy, including, but not limited to, entering or photographing portions of a rental unit that are beyond the scope of a lawful entry or inspection, requesting information about residence or citizenship status, protected class status, or social security number, or requiring any statement, representation, or certification concerning these matters, except as required by law or in the case of a social security number, for the purpose of obtaining information to determine qualification for tenancy, or releasing such information except as required or authorized by law; -17-

15. Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to enforcement of a legal termination of tenancy or as otherwise authorized by law;

16. Offer payments to a tenant to vacate more than once in six (6) months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate;

17. Attempt to coerce a tenant to vacate with offers of payment to vacate which are accompanied with threats or intimidation. This shall not include settlement offers made in good faith and not accompanied by threats or intimidation in pending eviction actions;

18. Refuse to cash or process a rent check or other form of acceptable rent payment for over thirty (30) days after it is tendered;

19. Engage in repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy;

20. Retaliate, threaten, or interfere with the right of a tenant to: organize and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature informing other tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards, informing other tenants of their rights and of opportunities to involved themselves in organized tenant activities;

21. Disclose or threaten to disclose to any person or entity information about the immigration status of a tenant in retaliation for engaging in legally protected activities or to influence them to vacate;

22. Prohibit entry by the tenant into the tenant's rental unit absent a judicial order permitting repossession by the landlord or a declaration by a local official that the building or unit is unsafe;

23. Solicit a tenant for sexual conduct in exchange for protection from eviction or make other quid pro quo sexual demands on a tenant; and

24. Retaliate against or threaten a tenant for inquiring with, or seeking assistance from, a government or social services agency. -18-

25. Provide false written or verbal information regarding any federal, state, or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.

26. Fail to maintain a current address, in addition to any electronic payment methods, for delivery of rent payments;

27. Offer payments to: {a) A tenant to vacate, including a buyout agreement offer, more frequently than once every six months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate; or (b) Attempt to coerce the tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.

8.17.130. Notices to Tenants.

A. Mandatory Notices to Tenants. Landlords must provide to each tenant, prior to or at the time of agreeing to rent or lease a rental unit, a notice of tenant rights under this chapter. The department shall publish a form notice of tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances:

1. When entering into a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written rental agreement;

2. When renewing a rental agreement; and
B. If the rental agreement is negotiated or written in a language other than English, the landlord must also provide the form notice of tenant rights in English and the language in which the rental agreement was negotiated or written.

8.17.140. Administration.

A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.

B. The Department may collect data regarding residential evictions in the City, in an effort to help the City better understand rental housing and its impacts on renters and housing providers, and inform the need to develop and implement additional ordinances or policies regarding residential housing.

8.17.150. Implementation and Rulemaking.

A. The City Manager and City Attorney shall take all actions necessary to implement this Tenant Protection Ordinance and effectuate the intent of the City Council

in adopting this Tenant Protection Ordinance, including the preparation of informational materials and forms.

B. To implement and enforce this Chapter, the City Manager may adopt administrative procedures, regulations and guidelines consistent with the provisions of this Chapter. These administrative procedures, regulations and guidelines shall have the force and effect of law and may be relied upon by the parties to determine their rights and responsibilities under this Chapter. Such administrative procedures, regulations and guidelines shall be posted at City Hall or on the City's website or made available by the City when so adopted.

8.17.160 Administrative Citations.

Any Landlord who violates any provision of this chapter, or department's procedures and guidelines, is subject to an administrative citation and fine as provided for in Section 6-

4.30 of this Code.

8.17.170 Injunction.

Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this Chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, any Tenant, or any other person or entity acting on behalf of the Tenant, who will fairly and adequately represent the Tenant's interest, including the city.

8.17.180 Additional Remedies.

A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant, who will fairly and adequately represent the Tenant's interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction, against the Landlord or any person, acting as a principal or agent, of Landlord or any contractor, subcontractor or employee of the Landlord, for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.

B. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord's failure to comply with the provisions of this chapter in any action by a Landlord to recover possession of a Rental Unit.

C. Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense. -20-

D. The above remedies are not exclusive and do not preclude the city or any Tenant from seeking other remedies or penalties provided by applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Chapter.

8.17.180 Lawful Evictions.

Nothing in this Chapter shall be construed to prevent the lawful eviction of a tenant by appropriate legal means.

Section 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. It can be seen with certainty that regulations that prevent harassment of tenants in order to cause them to vacate their units will not cause a significant effect on the environment.

Section 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. Effective Date of Ordinance. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

Section 5. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED, AND ADOPTED, this 25th day of October 2023.

ATTEST:

Brian E. Ju
APPROVED AS TO FORM:

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Brian E. Juarez, City Clerk of the City of Maywood, County of Los Angeles, State of California, do hereby certify that the foregoing Ordinance, being Ordinance No. 23-11, was duly passed, approved by not less than four members of the City Council of the City of Maywood, signed by the Mayor of said City, and attested by the City Clerk, all at a regular meeting of the City Council held on the 25th day of October, 2023, that it was duly posted and that the same was passed and adopted by the following vote, to wit:

AYES: DE LA RIVA, MARQUEZ, TORRES, AGUILUZ, GARCIA
NAYES:

ABSENT:

ABSTAINED:

Brian E. J
·22-

APPENDIX B – MAYWOOD PARCEL DATA

Estimated Rental Units Covered by the Maywood Rent Stabilization Program Category Use Code Description
Eligible
Units
Housing
Units
Number of
Parcels
Commercial Auto Body and Fender, 1 Story - 4 24
Auto Service Center, No Gasoline, 1 Story - - 1
Bank or Savings and Loan, 1 Story - - 1
Fast Food, Walk Up, 1 Story - - 1
Hotel, 1-49 Rooms, 2 Stories 20 20 1
Miscellaneous, 1 Story - - 2
Motel, 1-49 Rooms, 1 Story 11 20 3
Motel, 1-49 Rooms, 2 Stories - 18 1
Office Building and Residence, 1 Story - - 1
Office Building, 1 Story - 10 18
Parking Lot, Patron/Employee, 1 Story - 5 33
Professional Building, 1 Story - 1 7
Professional Building, Med/Dental, 1 Story - - 3
Restaurant - 1 1
Restaurant, Lounge or Tavern, 1 Story - 8 15
Service or Repair Shop, 1 Story - - 2
Service Station - - 1
Service Station, 1 Story - - 2
Shopping Center, Community, 1 Story - 7 7
Store and Office, 1 Story - 7 9
Store and Residence, 1 Story 18 71 19
Store and Residence, 2 Stories 1 2 2
Store, 1 Story - 31 58
Store, 2 Stories - - 1
Supermarket, 12000+ SqFt, 1 Story - - 1
Supermarket, 6000-11999 SqFt, 1 Story - - 1
Supermarket, Under 6000 SqFt, 1 Story - - 1
Commercial Total 50 205 216
Govt. Owned Art Center/Museum - - 1
Public School, General - 5 1
Govt. Owned Total - 5 2
Industrial Food Processing Plant, Meat, 1 Story - - 2
Heavy Manufacturing, 1 Story - 2 4
Light Manufacturing, 1 Story - 3 33
Miscellaneous, 1 Story - - 1
Open Storage, 1 Story - - 1
Parking Lot, Industrial Use, 1 Story - - 8
Warehousing, 10000-24999 SqFt, 1 Story - - 2
Warehousing, 25000-50000 SqFt, 1 Story - 1 1
Warehousing, Under 10000 SqFt, 1 Story - 46 25
Industrial Total - 52 77
Institutional Churches, 1 Story - 7 10
Hospital, Nursing/Convalescent, 1 Story - 1 1
Private Schools, 1 Story - 3 2
Institutional Total - 11 13
Irrigated Private Rural Pumping Plant - - 1
Irrigated Total - - 1
Miscellaneous Utility/Commercial/Mutual SBE Assessed - 2 2 Miscellaneous Total - 2 2
Recreational Clubs, Lodge Halls, Fraternal Orgs, 1 Story - 1 7 Recreational Total - 1 7
Residential 1 Unit 216 1,523 1,519
1 Unit, Condominium - 4 4
1 Unit, Other Improvements 1 2 2
1 Unit, Pool 5 38 38
1 Unit, Therapy Pool - 2 2
2 Units, 1-4 Stories 1,104 1,124 564
2 Units, 1-4 Stories, Pool 14 14 7
3 Units, 1-4 Stories 1,073 1,106 371
3 Units, 1-4 Stories, Pool 9 9 3
4 Units, 1-4 Stories 692 692 175
5+ Units, 1-4 Stories 1,713 1,792 217
5+ Units, 1-4 Stories, Pool 20 20 1
Detached Condominium 3 3 3
Rooming House - 51 1
Residential Total 4,850 6,380 2,907
Vacant 2 Units, Vacant - 2 1
Commercial, Unassigned, Vacant - 6 7
Industrial, Vacant - - 3
Unassigned, Vacant - - 1
Vacant Residential - 2 3
Vacant Total - 10 15
Grand Total 4,900 6,666 3,240

APPENDIX C –ANNUAL REPORT SERVICE METICS

Alameda (FY21)
Maywood
Pro-Rated
FULLY Regulated Units 12,174
PARTIALLY Regulated Units 1,887
TOTAL Units 14,061 4,900
Per 100
Submission for Rent Review or Registration 147 1.05 51
Petitions filed for rent adjustment 40 0.28 14
Termination of Tenancy Submissions 19 0.14 7
Buyout Agreement Submissions 21 0.15 7
Temporary relocation submissions 6 0.04 2
Capital improvement plan submission 1 0.01 0
Units monitored for compliance after "no fault" termination 68 0.48 24 Referrals for enforcement 10 0.07 3
Public records requestions 15 0.11 5
Decisions by hearing officers 11 0.08 4
Staff review of rental registration (errors/issues) 964 6.86 336 Referred to Legal - Enforcement of Ordinance violations 20 0.14 7 Referred to Legal - Registration Errors 197 1.40 69
Non-Registered or incorrect payments/number of units 926 323 Approved exemptions 902 314
East Palo Alto (FY19)
Maywood
Pro-Rated
TOTAL Units 4,600 4,900
Per 100
Petitions Filed 124 2.70 132
Habitability and Maintenance 7 0.15 7
Rent Ceiling Violation 3 0.07 3
Landlord's Failure to Register 1 0.02 1
Landlord's Fair Return Petition 111 2.41 118
Appeals 2 0.04 2
Public Inquiries 2,327 50.59 2,479
Tenant Walk-Ins 89 1.93 95
Landlord Walk-Ins 127 2.76 135
Other Walk-Ins 80 1.74 85
Phone Calls 362 7.87 386
Emails 1,669 36.28 1,778
Notices Received
3 Day Notices (Not WPC) 89 1.93 95
WPC 3 Day Notices 705 15.33 751
Unlawful Detainers (Not WPC) 18 0.39 19
WPC Unlawful Detainers 55 1.20 59
Change in Tenancy/Vacancy Reg. (Not WPC) 71 1.54 76
WPC Change in Tenancy/Vacancy Registration 332 7.22 354

Oakland (FY20)
Maywood
Pro-Rated
TOTAL Units 14,822 4,900
Per 100
Eviction/Vacation Notices (Required for All within City) 4,696 31.68 1,552 Move-Out Disclosure Certification Forms 221 1.49 73
Move-Out Relocation Agreements 62 0.42 20
Petitions Filed 599 4.04 198
Mediation & Settlement Conferences 47 0.32 16
Petitions (Appeals) Submitted to Board 634 4.28 210
Appealable Decisions 406 2.74 134
Number of Appeals Heard 56 0.38 19
Resolved at End of FY 51 0.34 17
Richmond (FY20)
Maywood
Pro-Rated
FULLY Regulated Units (rent control & just cause) 8,996 PARTIALLY Regulated Units (just cause only) 11,914
TOTAL Units 20,910 4,900
Per 100
Counseling sessions conducted 4,369 20.89 1,024
Households referred to legal services 95 0.45 22
Mediations held 11 0.05 3
Rent amount consultation with Hearing Unit Coordinator 457 2.19 107 Settlement Agreements reached 24 0.11 6
Rent decreases ordered 6 0.03 1
Rent increases ordered 4 0.02 1
Authorized rent increase notices 939 4.49 220
Termination of tenancy notices filed 1,925 9.21 451
San Jose (FY21)
Maywood
Pro-Rated
TOTAL Units 37,911 4,900
Per 100
Tenant Buyouts 15 0.04 2
Petitions (FY20) 113 0.30 15
Petitions (FY21) 63 0.17 8
Withdrawn 6 0.02 1
Ineligible 7 0.02 1
Pending 14 0.04 2
Staff Decision 3 0.01 0
Hearing Officer Decision 10 0.03 1
Voluntary Agreement Arranged by Staff - - -
Voluntary Agreement Arranged by Hearing Officer/Mediator 23 0.06 3 Just Cause Notices 9,717 25.63 1,256

Santa Monica (2019)
Maywood
Pro-Rated
STUDIO Properties 2,853
1 BED Properties 12,931
2 BED Properties 9,597
3+ BED Properties 2,000
TOTAL Units 27,381 4,900
Per 100
Contacts 15,176 55.43 2,716
Counter 2,409 8.80 431
Phone 11,819 43.16 2,115
E-mail 948 3.46 170
Community Meetings 9 0.03 2
Seminars by Rent Control staff 5 0.02 1
Realtor Association 1 0.00 0
Building-Specific Tenant Meetings 3 0.01 1
Website Visits 133,623 488.01 23,913
Tenancy rent registration forms 3,976 14.52 712
Petitions (TOTAL) 128 0.47 23
Petitions - Decrease Rent 80 0.29 14
Withdrawn or dismissed prior to mediation or hearing 3 0.01 1 Referred to directly board hearing 7 0.03 1
Resolved prior to mediation 3 0.01 1
Referred to mediation 67 0.24 12
Cases Mediated 97 0.35 17
Withdrawn or dismissed 16 0.06 3
Resolved 35 0.13 6
No resolution - referred to hearing 25 0.09 4
Partial resolution - referred to hearing 4 0.01 1
Pending 4 0.01 1
Hearing Activity 70 0.26 13
Referred directly, prior to mediation 9 0.03 2
Referred from mediation 31 0.11 6
Remanded from Board 25 0.09 4
Ongoing from prior year 29 0.11 5
Tenant Buyouts 73 0.27 13
West Hollywood (FY18)
Maywood
Pro-Rated
0 BEDROOM Properties 2,420
1 BEDROOM Properties 8,933
2 BEDROOM Properties 4,854
3 BEDROOM Properties 480
4+ BEDROOM Properties 20
TOTAL Units 16,707 4,900
Per 100
Mediation 400 2.39 117
Rent Adjustment Hearings Filed 108 0.65 32
Hearings Held 83 0.50 24
Hearing Requests Withdrawn 15 0.09 4
Postponed or Administratively Dismissed 16 0.10 5
Appeals/Decisions 23 0.14 7

APPENDIX D – SURVEY OF RENT STABILIZATION

PROGRAMS

Survey of Rent Stabilization Programs
Jurisdiction
Approved
By
Ordinance
Effective Date
Population
(2020
Census)
Rent Review
Board/
Committee
Rental
Registration
Required
Rental
Registration Fee
Alameda City City Council Ordinance No.
3249 effective 9/4/19.
78,280 Rent Review
Advisory
Committee
Required $155/fully regulated
units; $105/partially
regulated units;
$0/rental units occupied
by subsidized tenants
Baldwin Park City Council 12/4/19 effective
1/3/20.
72,176 None Required $28/unit
Bell Gardens City Council 9/12/2022 37,927 None Required $156/unit Berkeley Voter Rent Stabilization
6/3/80; Tenant
Buyout 3/14/17. ADU
Clarification,
Emergency Exemption
11/3/20.
124,321 Rent Stabilization
Board
Required $250/full regulated unit;
$150/partially regulated
units; $37/subsized unit;
$70/summer
sorority/fraternity
outside member rental
unit
Culver City City Council Mediation: 5/11/19.

Rent Control and
Tenant Protections,
10/30/20.
40,799 None Required $167/unit
East Palo Alto City Council Tenant Protections
5/6/14; Rent
Stabilization
06/08/2010. Last
amended 11/8/16.
30,034 Rent Stabilization
Board
Required $222/non-exempt unit
Hayward City Council 6/25/19 effective
7/25/19.
162,954 None Not Required Complaint Based Fees
$40/residential covered
rental unit,
$19/residential rental
unit
Inglewood City Council 5/19/2011 107,762 Rental Housing Board
Required $206/unit
$92/unit Section 8
Los Angeles City City Council 4/21/79. Last
amended 5/20.
3,898,747 Rental Housing
Oversight
Commission
Required $38.75/unit
Oakland City Council 10/7/80. Last
amended 6/4/2019.
440,646 Residential Rent
and Relocation
Board
Required $101/unit
Richmond Voter Fair Rent adopted
11/08/16. Relocation
adopted 12/20/16,
effective 01/2017.
116,448 Rent Board Required $218/unit fully covered,
$123/unit partially
covered and
govermentally subsidized
San Francisco Board of
Supervisors
6/79. Last amended
12/19.
873,965 Rent Board Required $59.00/apartment unit,
$29.50/residential hotel
room
Santa Ana City Council 10/19/2021 310,227 TBD TBD $100/unit Santa Monica Voter Charter: 4/10/79. Last
amended 2010.

Tenant Relocation:
2/27/90 last amended
3/28/17.Tenant
Harassment:
10/10/95 last
amended 01/13/15.
93,076 Rent Control
Board
Required $198/unit
Unincorporated Los
Angeles County
Board of
Supervisors
Effective 04/1/20. 1,057,162 Rental Housing
Oversight
Commission
Required Before 4/22 - Free, May -
Sept 2022 - $90/fully
covered units
West Hollywood City Council 6/27/85. Last
amended 12/2019.
35,757 Rent Stabilization
Commission
Required $144/unit full
$60/unit partial

APPENDIX E – RENT STABILIZATION POLICIES OF
CALIFORNIA CITIES - 2023

Rent Stabilization Policies of California Cities - 2023 Municipality Restriction Ordinance
Alameda Landlords are limited to the base rent charged as of 9/1/19 plus the Annual General Adjustment (AGA). For
tenancies beginning after 9/1/19, the base rent is the
initial rent amount. The AGA is calculated using 70% of the regional Consumer Price Index (CPI), with a 1% floor and 5% ceiling. Each year in May the Program
Administrator announces the AGA effective September
1st. A Landlord who does not increase rent by the full
amount allowed annually can "bank" the unused portion
and impose it in a later year. A new AGA of 3.5% went
into effect on September 1, 2022. However, special
Pandemic "wind-down" rules apply. See the Alameda
Rent Program FAQ.

Alameda, California
Code of Ordinances
§§ 6-58.10 - 6-58.155
Antioch Effective 7/23/22 landlords may increase rent once every 12 months, limited to 60 percent of the local CPI or 3%, whichever is less. Single-family homes without accessory units, condominiums and cooperatives are exempt as are
units first certified for occupancy after 2/1/95.

Antioch Municipal
Code Title 11,
Chapter 1. §§ 11-1.01
- 11-1.013. Rent
Stabilization.

Baldwin Park Rent is effectively limited to 5% per 12-month period (based on the Consumer Price Index) of the "base rent
ceiling" (rent in effect on 3/5/19, or if none the initial rent charged on the first day of tenancy).

Baldwin Park
Code of Ordinances
Chapter 11
§§ 129.01 - 129.78
Bell Gardens Rent increases are limited to 50% of the local CPI or 4%, whichever ls less.

Bell Gardens
Municipal Code
Chapter 5.62, "Rent
Stabilization", and
Chapter 5.63,
"Tenant Eviction
Protections".

Berkeley Each January 1st rent ceilings are increased by the Annual General Adjustment (AGA). The AGA is set by October 31
of the preceding year, but has been 65% of the percentage increase of the regional Consumer Price Index (CPI) since 2005. Landlords or tenants may petition for exception.

Berkeley Municipal
Code §§ 13.76.110 -

13.76.120
Beverly Hills Landlord may increase rent once every 12 months, limited to 3% of the current rent, or the regional
Consumer Price Index (CPI), whichever is higher.

Beverly Hills
Municipal Code § 4-6-
3 City of
Commerce
Rent increases are expressly subject to the provisions of AB 1482 California Tenant Protections Act (Cal. Civ. Code §§ 1946.2 and 1947.12).

City of Commerce
Municipal Code §§

19.40.010 - 19.40.090

Municipality Restriction Ordinance
Culver City The rent as of 10/30/20 on then-existing tenancies, or the initial rent charged on tenancies beginning thereafter, is the "base rate" from which increases are calculated.

Increases are limited per 12-month period to the average annual change in the Consumer Price Index (CPI) with a
cap of 5%; if the CPA increase is less than 2%, the cap is 2%. Landlords can petition for an increase above the cap amount. (CCMC § 15.09.215).

Culver City Municipal
Code §§ 15.09.200 -

15.09.270
East Palo Alto Annual rent increases are limited to 80% of the percentage increase in the regional Consumer Price Index (CPI). Overall increase may not exceed 10% in any 12-
month period.

East Palo Alto,
California Code of
Ordinances §§

14.04.040, 14.04.090
- 100
Fairfax Rent increases are limited to 60% of the percentage increase in the regional consumer price index (CPI)
annually. Overall increase may not exceed 5% total. The cap is retroactive to 2/2/22.

Fairfax Town Code
Title 5, Business.

Chapter 5.55 "Rent
Stabilization
Program" §§

5.55.010-5.55.120.

Gardena Rent increases exceeding 5% are subject to mediation and binding arbitration.

Gardena Municipal
Code §§ 14.04.010 -

14.04.300
Glendale No limit on rent increases but increases exceeding 7% over any 12-month period may trigger relocation
payments if tenants choose to vacate rather than renew.

Glendale Municipal
Code §§ 9.30.10 -

9.30.100
Hayward Rent increases are limited to 5% per year absent exception. Landlords may "bank" annual increases, but
aggregate rent increases cannot exceed 10% in any year.

Hayward Municipal
Code
§§ 12:1.01 - 12:1.21
Inglewood The base rent amount for calculations is the rent in effect on 6/18/19 or the initial rent for tenancies starting
thereafter. Only one increase is allowed every 12 months, calculated from the day the increase first takes effect.

For residential properties with five or more units, the maximum increase is 3% or the cost of inflation
(whichever is greater), as measured by the local CPI. The increase cannot exceed 10%. For residential properties
with four or less units, the maximum increase is 5% PLUS the cost of inflation as measured by the local CPI. The increase cannot exceed 10%.

Inglewood Municipal
Code §§ 8-125 - 8-
234
Los Angeles Only one rent increase is allowed every 12 months based upon the regional Consumer Price Index (CPI). Effective July 1, 2020, the annual allowable increase is 3%.

Los Angeles
Municipal Code §§
151.00 - 155.09
Unincorporated
Los Angeles
County
Only one rent increase is allowed annually, based on the change in the regional Consumer Price Index (CPI) up to a total of 8% including pass-throughs and fees.

Los Angeles County
Code §§ 8.52.010 -

8.52.200

Municipality Restriction Ordinance
Los Gatos Rent may be increased only once annually and the increase cannot exceed the greater of 5% of existing rent, or 70% of the regional Consumer Price Index (CPI). The
landlord can always increase rent with tenant's written consent.

Los Gatos Town Code
§§ 14.80.010 -

14.80.315
Mountain View Rents may be raised starting September 1st each year by Board-determined amount that is no less than 2%, nor
more than 5%, of the existing rent. Landlords may "bank" annual rent increases.

Mountain View Code
of Ordinances §§
1700 - 1720
Oakland Rent may be increased once in any twelve-month period.

Increases are limited based upon the local Consumer
Price Index (CPI) or to prior "banked" increases but
cannot exceed 60% of the percentage increase in the CPI for April of that calendar year from April of the
immediately preceding calendar year, or 3%, whichever is lower. From 8/1/22 through 7/31/23 the limit is 3%.

However, landlords may increase rent up to 5% for each
qualifying additional tenant. Owners may also increase
the rent when a tenant doesn't use the unit as a principal residence. Subtenants are also protected from
overcharging by primary tenants.

Oakland Municipal
Code § 8.22.065 et
seq.

Oxnard Rent increases are limited to 4% annually, and one increase in any twelve (12) month period.

Oxnard City Code §§
27-21 – 27-23
Palm Springs Only one rent increase is allowed annually, limited to 75% of the increase in the regional Consumer Price Index (CPI). Rent control is permanently removed after the
tenant voluntarily vacates or is evicted for cause. As a result, few properties remain subject to rent control.

Palm Springs
Municipal Code §§

4.02.010 - 4.08.190
Pasadena Only one rent increase is allowed annually, limited to 75% of the increase in the regional Consumer Price Index (CPI).

Pasadena Municipal
Code §§ 1801-1824
Richmond Only one increase is allowed annually, limited to the lower of either 60% of the increase in the regional
Consumer Price Index (CPI), or 3% of current rent,
whichever is lower.

Richmond Code of
Ordinances §§

11.100.010 -

11.100.130
Sacramento Rent increases cannot exceed 5% plus the percentage of annual increase in the cost-of-living adjustment
promulgated by the U.S. Department of Labor, Bureau of
Labor Statistics. The total increase is capped at 10%
annually, and only one increase is allowed in any 12-
month period.

Sacramento City Code
§§ 5.156.010 -

5.156.150
San Francisco Annual rent increases are limited to 60% of the regional Consumer Price Index (CPI).

San Francisco
Administrative Code
§ 37.3

Municipality Restriction Ordinance
San Jose The "Annual General Increase" is limited to the monthly rent for the previous 12 months, multiplied by 5% via one annual increase. The Landlord must petition for a higher increase.

San Jose Municipal
Code §17.23.310
Santa Ana Rent increase are expressly for buildings with certificate of occupancy on or before 1/1/95, annual rent increases are limited to the lower of 3% per year, or 80% of the percent change in the Consumer Price Index over the most recent 12-month period. The allowable increase is published no later than June 30 of each year.

Santa Ana Municipal
Code §§ 8- 1998.1 –
8- 1998.3.

Santa Barbara Rent increase are expressly subject to the provisions of AB 1482 California Tenant Protections Act (Cal. Civ. Code §§ 1946.2 and 1947.12).

Santa Barbara
Municipal Code §§

26.50.010 - 26.50.070
Santa Monica The Rent Control Board determines each year's increase ("General Adjustment" or GA). The Maximum Allowable
Rent (MAR) for any unit is its base rent plus the increase allowed per the annual GA.

In November 2022 voters approved Measure RC, which
caps future general adjustments at 3% beginning
February 2023, and reduces the MAR to .8% through
August 2023 - effectively bringing the 2023 average rent increase to 3%. The city has a helpful webpage for
determining allowable increases here.

Santa Monica City
Charter Amendment
§§ 1800 - 1821
Thousand Oaks Rent control is very limited–it only applies to tenants who have resided in the same unit since 1987.

Thousand Oaks Rent
Stabilization
Ordinances Nos. 755-
NS, 956-NS, 1284-NS
West
Hollywood
Rent increases are limited to 75% of the increase in the regional Consumer Price Index (CPI) during the preceding 12 months.

West Hollywood
Municipal Code §§

17.36.020 et seq.
https://www.nolo.com/legal-encyclopedia/california-rent-control-law.html Source: Nolo.com a wholly owned subsidiary of MH Sub I, LLC

Revenue & Cost Specialists, LLC
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
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