Temporary Use of Vacant Torca Units
RENT CONTROL BOARD
TEMPORARY USE OF VACANT TORCA UNITS
2006. Temporary Use of Vacant TORCA Units forTransient Occupancy
by Displaced Tenants
a. Purpose
This regulation is adopted as an emergency measure to ameliorate the
effect of the earthquake of January 17, 1994 upon tenants displaced from
controlled rental units in buildings receiving red or yellow tags from
the City of Santa Monica Department of Building and Safety. The intent
of this regulation is to encourage temporary housing of displaced
tenants in vacant TORCA units which would otherwise be held vacant until
sale.
This regulation recognizes a temporary transient use of such units which
will not be deemed a tenancy for purposes of the Rent Control Law and
will allow the owner or transient occupant to terminate the occupancy
agreement upon thirty days notice. However, the transient occupancy
agreement must conform to the requirements of this regulation .
b. Eligible Units
Units which may be subject to a transient occupancy agreement under this
regulation are units in properties subject to rent control which have
received final approval from the City of Santa Monica to convert to
condominiums pursuant to Article XX of the Santa Monica City Charter,
also known as the Tenant Ownership Rights Charter Amendment or TORCA.
It is not necessary that such units have received final approval from
the State of California Department of Real Estate.
A unit which is the subject of a TORCA application and receives final
City approval at any time subsequent to adoption of this regulation
shall be eligible. All eligible units must have been vacant on January
17, 1994, and must be habitable at the time an agreement is entered into
under this section.
c. Registration of Participating Units
An owner who wishes to enter into a transient occupancy agreement under
this regulation must register the unit with the Rent Control Board no
later than April 1, 1994, on a form to be provided by the Administrator,
and prior to entering into such agreement. The Board will assemble a
list of eligible units from these registrations to be made available to
tenants displaced from red and yellow-tagged buildings, who can then
contact the owner. No owner is obligated to enter into an agreement
with any person.
d. Terms of agreement
To qualify as a transient occupancy agreement, the agreement must be in
writing and specify:
1. that it is a transient occupancy agreement subject to Board
regulation 2006;
2. that the unit is an eligible unit as defined in regulation
2006;
3. that the tenant was displaced from a red or yellow-tagged
building in Santa Monica;
4. that the agreement is terminable by either party upon 30
days written notice and is not subject to eviction restrictions in
Section 1806 of the City Charter;
5. that the consideration to be paid by the occupant, whether
calculated daily, weekly, or monthly, shall not exceed the maximum
allowable rent (MAR) for the subject unit. If the MAR is
subsequently adjusted, the periodic fee charged the occupant may be
adjusted upwards upon thirty days written notice.
6. that the occupant is entitled to the amenities which would
be provided to a tenant of the subject unit.
The agreement may prohibit assignment and subletting. An agreement may
not require:
1 a security deposit in excess of twice the monthly maximum
allowable rent
2. a non-refundable deposit;
3. consideration for occupancy other than the fee as specified
above, e.g., no finder's fee, key money, or other additional
charge or agreement may be required as a condition of
occupancy.
4. any limitations on use of the premises which would not and
do not apply to prior or current tenants in the building.
e. Duration of Regulation
This regulation shall expire by its own terms and without necessity of
repeal by the Board on January 17, 1995, unless extended by the Board
prior to that date. Any agreement for use or occupancy of a controlled
rental unit entered into after that date shall be deemed a rental
housing agreement entitling the occupant to all rights conferred upon
tenants by the Santa Monica Rent Control Law. A transient occupancy
agreement entered into prior to that date may be extended indefinitely
by the mutual consent of the parties.
f. Not an Exempt Use
Use of any unit for transient occupancy under the terms of this
regulation shall not entitle the owner to an exemption from rent control
or any provision thereof. This regulation shall have no effect on the
entitlement of any other property to such an exemption. No owner shall
acquire a vested right to continue the use permitted by this regulation
after the regulation expires.
[2006 Adopted 1/27/94;