Rent Stabilization is intended to protect tenants from excessive rent increases and maintain the affordability of rental housing within West Hollywood. It works by limiting the frequency and amount of rent increases that landlords can impose on an existing tenant. For information on what the Maximum Allowable Rent (MAR) is for a specific unit and tenant please contact a counselor in the Department.If the landlord fails to comply with the maintenance standards of the Ordinance or reduces housing services, the Ordinance provides a remedy for the tenant. The tenant may file an application with the Rent Stabilization Department for a hearing to determine if the Maximum Allowable Rent should be reduced to compensate for the reduced maintenance or services. If the tenant wins the case considered at the hearing, an order reducing the Maximum Allowable Rent will be issued. In most cases this has the effect of compelling the landlord to make the needed repairs or restore the housing services. (The property owner has several alternatives once a decision is issued, including the right to appeal, keeping the rent reduction in place, or restoring the housing service. These alternatives are explained later in this booklet.)
1. How do I begin the application process?
Before a tenant can file a rent decrease application, he or she must send a letter to the landlord requesting the repair, replacement or restoration of a specific housing service(s), or a copy of a letter requesting the reimbursement of rent collected in excess of the law. If the tenant does not want to write a personal letter, the Department has a form letter available for this purpose. The tenant must keep a copy of the letter, as they are required to include it if they file for a hearing. The landlord has thirty days to comply with the requests in the letter. If the landlord does not comply within thirty days, the tenant may file for a rent adjustment hearing with the Department. (If, after providing the property owner with a written request to perform maintenance or restore a housing service, the landlord refuses to address the issues in the letter, the tenant may file immediately after they receive the refusal without waiting the 30 days.)
2. What are the reasons for filing a rent adjustment hearing?
The major reasons include:
(a) Floor coverings provided by the landlord have not been replaced within the past seven years, and need replacement;
(b) Window coverings provided by the landlord have not been replaced within the past seven years, and need replacement;
(c) The landlord has not painted the interior of the rental unit within the past four years and the unit needs painting;
(d) Wallpaper provided by the landlord has not been replaced within the past seven years , and needs replacement;
(e) The unit is not being maintained in accordance with the applicable housing, health and safety codes;
(f) Appliances provided by the landlord (e.g. heater, refrigerator, stove, air-conditioner, etc.) are not being maintained in good working order;
(g) There has been a discontinuance or a substantial reduction in a housing service(s) (in the unit or common areas) provided on April 30, 1984 or added thereafter, and you want the landlord to restore the service(s).
3. Must the landlord paint a unit after four years even if the walls are clean and have no defects?
No. Walls and ceilings which are clean and free from flaws do not need painting. If the tenant and the landlord disagree about the condition of the paint, or any other service, the tenant may file for a hearing. An inspector will look at the unit and write a report prior to the hearing. At the hearing, a Hearing Examiner will listen to testimony and evaluate the evidence. Within 30 days of the hearing, the Hearing Examiner will issue a written decision.
4. What types of window and floor coverings are landlords required to replace?
Landlords are required to replace any and all "window coverings" and "floor coverings" that have been provided by the landlord on or after April 30, 1984. If seven years have elapsed but the window and/or floor coverings are still in good condition, the Hearing Examiner will not order their replacement.
5. If there are other serious problems, such as ant or roach infestation, ripped screens or accumulation of trash, what can a tenant do about these?
These and other problems may be in violation of Health, Building or Safety Codes. You can find out by calling the Los Angeles County Health Department at (213) 871-4353 or a City of West Hollywood Code Enforcement Officer at (213) 848-6475.If either of these agencies issues a citation after they inspect the premises, you may request a copy of the citation or report. Tenants may bring the citation with them to the hearing and submit it as evidence. A Hearing Examiner is unlikely to rule that a violation exists unless there is a citation.
If, on the other hand, no code violation exists, but the tenant can show that the condition they object to is a substantial reduction in a housing service provided by the landlord, it is possible a rent reduction could be ordered if the landlord does not correct the problem. The key word is "substantial". The reduction in service must be significant and extensive.
6. Can one tenant file for maintenance outside their unit?
Yes, any tenant may file for a hearing on items that affect other tenants in the building, but only for amenities or services common to all tenants. For services in an individual unit the tenant in that unit must file. Painting and re-carpeting are required every four and seven years respectively, if needed. As to other housing services, (e.g. pool service, elevator repair), the tenant must prove that there has been a substantial reduction in the service since April 30, 1984. When a tenant files on a common area issue, notices will be sent to all residents of the building containing information provided on the application by the applicant, and any rent reductions ordered will apply to all units in the building unless the individual tenants waive their right to the reduction.
7. What if I don't know when the work was last performed?
If the tenant is asking for required maintenance, it is presumed that the required time periods for replacement have elapsed unless the evidence proves otherwise. It may help your case if you can bring a witness, someone who might have direct knowledge of the history of the unit. If a witness does not want to appear, they can be compelled to appear by giving them a subpoena (ask the Department for more information on this). It is not enough simply to repeat a statement made to you by someone who may have knowledge about the unit.
8. What if the tenant finds other problems after they file an application? May they discuss them at the hearing?
No. The landlord must receive notice of all issues to be discussed and be provided with enough time in which to correct the problems. The Hearing Examiner will only allow discussion of those items which are listed in the letter to the landlord and attached to the application. Tenants have the right to withdraw their application, give the landlord a letter regarding these new problems and then re-file on all issues, or they may go ahead with the application and wait six months from the date of the final decision, to re-file on the other issues.
9. What if the landlord makes the repairs or restores the service after the tenant has filed a rent decrease application?
If the tenant is satisfied with the repairs, he or she should withdraw the application. Use the form provided by the Department. If the tenant is dissatisfied with the work done, he or she may continue with the hearing. However, if the tenant does not withdraw the application and does not appear at the hearing, the application will be dismissed. If this happens, the tenant must wait six months to re-file on the issues in their application.
10. What are the limitations of the Rent Decrease Application process?
The remedy provided by the Rent Stabilization Ordinance is not perfect. The following are some aspects of the process which might be considered to be shortcomings or limitations to the remedy:
a) An Application for reduction in housing services cannot be filed unless the tenant has made a written request that the landlord do the repairs or restore the services at least 30 days before filing, and the landlord has failed to do so.
b) A landlord or tenant may appeal the decision of the Hearing Examiner to the Rent Stabilization Commission. The Rent Stabilization Commission has the authority to modify the decision, altering the reduction either upward or downward, or nullifying it entirely. They may also remand the decision, sending it back to the Hearing Examiner for further consideration. The filing of an appeal may substantially lengthen the hearing process for both parties.
c) The hearing process can take three to four months (if there are appeals).
d) There is a filing fee that must be paid with the application. The tenant may deduct the filing fee from the next rent payment after issuance of the written decision if the tenant's application is found to have merit on any of the items in the application. The applicant may not be eligible to deduct the filing fee if the landlord completes the work prior to the hearing or if the parties stipulate to all of the issues cited in the application. If the tenant meets certain low-income requirements, he or she may apply to have the filing fee waived based on age or disability.
e) If the rent decrease application is not based upon failure to comply with the maintenance standards, it will be necessary for the tenant to provide testimony or other evidence of the level of services provided on the base date of April 30, 1984. If the tenant cannot effectively do this, he/she will probably lose. Knowledge of base date services is critical to making a case.
f) The date and time of the hearing are arbitrarily selected and are always scheduled during normal business hours. To insure impartiality, and to keep administrative costs to a minimum, the Hearings Division will not contact either party to arrange a mutually agreeable date and time. Instead consideration of a Hearing Examiner's availability and caseload, as well as the availability of conference rooms, are considered when a hearing is scheduled. It is possible to request a rescheduling of the hearing, however this process requires contacting all other parties to reach an agreement on two alternate dates. If you know that you will be unavailable due to an imminent vacation or other extended absence, you may wish to defer filing until after your return, or contact the Department immediately upon receipt of the notice of the hearing date.
11. Are other remedies available to tenants to address the failure to make repairs or the lack of maintenance?
The rent decrease application process under the West Hollywood Rent Stabilization Ordinance is only one remedy available to tenants whose landlords have failed to maintain their apartments. If the lack of maintenance and repairs is severe enough to affect the habitability of the apartment (e.g. if there is no hot water, rodent infestation, major plumbing or electrical problems or similar conditions), state law gives tenants the right to withhold their rent to force the repairs to be made. The law provides that the uninhabitable condition of the premises in such cases can be a defense in an eviction case brought by the landlord.For specific, relatively inexpensive but important repairs, state law also allows a tenant to make the repair and deduct the cost of the repair from their rent, provided that the landlord has failed to make the repair after being asked to do so (§1941-1942.4, California Civil Code). Consult the California Department of Consumer Affairs (213-974-1452) for details.
If the need for repairs to the apartment constitutes a violation of Building & Safety, Fire, or Health Codes, the tenant can and should contact the appropriate code enforcement agency to get the landlord to make repairs.
Finally, in some cases a tenant can sue his or her landlord to compel repairs to the apartment and to collect monetary damages suffered because of the condition of the property.
A WORD OF CAUTION: Most of these non-rent control remedies have important limitations and should only be used after consulting with an attorney specializing in Landlord-Tenant cases or reviewing the law carefully yourself.
12. What is a "stipulation"?
At the Hearing, before taking testimony, the Hearing Examiner will offer the parties a chance to "stipulate"; that is, agree on the spot about work to be done. If the parties enter into an agreement, e.g., the landlord agrees on the spot to replace carpet, no testimony will be heard on items that have been agreed upon. The landlord will be given a period of time to fulfill the agreement. The Hearing Examiner will record the agreement in writing, and forego writing a decision that may or may not actually order the landlord to do the work.Stipulations avoid the need for lengthy evidentiary hearings in cases where there is really no dispute between the parties on the facts. If the tenant believes that the landlord will not comply with the agreement, or believes the landlord will use the stipulation merely as a delaying tactic, then the tenant may refuse to stipulate. The Hearing Examiner will then provide a written decision as to what work, if any, the landlord must do. If, on the other hand, the tenant believes that he/she may not win in the hearing on a particular item, the tenant may want to negotiate with the landlord and stipulate.
Please Note: If issues are resolved by stipulation, the tenant may not be able to deduct the filing fee from his/her rent. If the landlord fails to perform any of the work he/she has stipulated to, the tenant may file to reopen, and another hearing will be scheduled.
13. Will the parties get the decision at the hearing?
No. The Hearing Examiner will usually issue a written decision within 30 days of the date the hearing record is closed, which will be mailed to the parties.
14. What happens if the landlord does not do the work he/she was ordered to do?
A rent reduction will be ordered and remain in effect until the Department receives proof that the work has been done and issues a decision to restore the rent. Six months from the date of a decision it is possible for the tenant to do the work with the reduction remaining in effect until the Department determines he or she has been reimbursed by the owner, provided the tenant has given the owner thirty days notice of their intent to do the work. Please contact a Counselor if you are considering this process prior to completing the work yourself.
15. What if the tenant attempts to prevent the owner from doing the ordered work to keep the rent reduction in place?
If an intentional act on the tenant's part prevents the work from being done, the rent will not be reduced. The tenant must allow the landlord to accomplish work ordered by the Department or any other agencies (i.e., Health, Building and Safety).
16. What if a tenant finds out that he/she is renting a unit that is unregistered?
In this case the tenant may file for a hearing to determine the maximum allowable rent. The tenant should file with the application as much information as possible. Leases, receipts, or in-person testimony from the current tenant or a previous tenant will help the Department determine the first rent charged for the unit (the first rent is usually the first one that was charged after January 1, 1984). Please contact the Department for more specific information on how rents are established in this hearing process.
17. What can a tenant do if he or she moved into the unit prior to January 1, 1996 and believes the registered rent is incorrect?
If the rent has already been established and certified, and the tenant wants to protest the validity of the rent, the tenant may file an "Appeal of Rent Certification". This procedure is limited in scope, and it may be used only to try to correct omissions or mistakes in the records due to fraud or intentional misrepresentation. This is a rigorous standard and the tenant should carefully review the evidence available to see if there is a chance to prevail.
18. For tenants who move into a rental unit and believe that they are being overcharged, how do they determine the legality of the rent level they are being charged and what should they do about it?
If a tenant believes that the property owner is overcharging them they should contact the Department. Not all units will be eligible for increases upon vacancy, and the amount will be limited until December 31, 1998. If the tenant has information regarding a previous tenant not voluntarily vacating or abandoning the property, or that they were evicted for cause other than non-payment of rent, then the owner may not have been entitled to increase the rent upon vacancy. In this case the tenant should not file for this hearing process but instead present evidence directly to an information counselor in the Department for investigation.
Further Reference...
This booklet is an overview of the many provisions contained in the Rent Stabilization Ordinance. Periodic changes to the Ordinance may be made and individuals are encouraged to contact the City's Rent Stabilization Department for the most current revisions of the Ordinance. For more detailed information, a copy of the Ordinance and Regulations can be obtained for a small fee at the West Hollywood City Hall, 8300 Santa Monica Boulevard, West Hollywood, CA 90069. In addition the Department maintains a Subscription Service where, for a small fee, changes to the Rent Stabilization Ordinance and Regulations are mailed to subscribers as well as agendas to City Council and Rent Stabilization Commission meetings where legislative items will be heard. You may phone the Department at (213) 848-6450. Our office hours are: Monday 8:00 am. to 7:00 p.m., Tuesday 9:00 a.m. to 6:00 p.m., Wednesday and Thursday 8:00 a.m. to 6:00 p.m., and Friday 8:00 a.m. to 5:00 p.m. The Department is closed every other Friday in order to meet Air Quality Management District regulations.
If you have any suggestions for new additions to our web pages, please e-mail: rsd@ci.west-hollywood.ca.us