A Tenant's Guide To Rent Stabilization In The City Of West Hollywood


INTRODUCTION...

This brochure explains the basic provisions of the West Hollywood Rent Stabilization Ordinance. It is not intended as a substitute for legal advice or for reading the Ordinance.

The information provided in this brochure pertains to most, but not all, rental units in West Hollywood. Certain residential units are exempt from most provisions of the Ordinance. Exempt units include: new construction with a certificate of occupancy issued after July 1, 1979; condominiums and single family homes owner occupied for two or more years and rented after January 1, 1996; institutional facilities; non-profit housing; government-owned or government-assisted (Section 8) housing; and some units in hotels or motels. To determine which portion of the Ordinance applies to your unit, please contact the West Hollywood Rent Stabilization Department at (213) 848-6450. The Rent Stabilization Department is located at 8300 Santa Monica Boulevard on the First Floor, West Hollywood, California 90069.


1. WHAT IS RENT STABILIZATION IN WEST HOLLYWOOD?


The City Council enacted the Rent Stabilization Ordinance on June 27, 1985, to maintain affordable rental housing in West Hollywood. Under the Ordinance, residential rent levels are regulated; housing services provided with the unit must be maintained; and specific maintenance standards must be met. The Ordinance also protects tenants from certain types of eviction.

2. HOW IS MY RENT DETERMINED?


If you moved into your unit prior to January 1, 1996: the Maximum Allowable Rent (MAR) is the base rent, usually the rent that was charged for the unit on April 30, 1984, plus annual general adjustments and any other rent adjustments approved by the City, such as hearing or appeal decisions, added housing services and vacancy rent adjustments.

If you moved in on or after January 1, 1996: the Maximum Allowable Rent (MAR) is the initial rent charged for that tenancy. Please refer to page six of this booklet for a more detailed explanation of the methods used in determining your a new rent level following a vacancy.

For tenants that moved into a condominium or single family home on or after January 1, 1996, the owner may be entitled to apply for a permanent exemption from most provisions of the Rent Stabilization Ordinance, including the amount of rent that may be charged. The unit must have been occupied by the owner continuously for two years or more. For units that meet the requirements, the owner may charge any amount and may increase the rent at anytime.

If you want to confirm the current Maximum Allowable Rent for your unit, or the amount of the registration fee pass-through, contact an Information Counselor at the City's Rent Stabilization Department.


3. HOW OFTEN CAN MY LANDLORD INCREASE MY RENT?


If you moved into your unit prior to January 1, 1996 and are paying less than the Maximum Allowable Rent (MAR), your landlord may increase your rent with proper notice (usually 30 days) not to exceed the MAR or 10% of what you are actually paying in any 12 month period. The rent may not be increased if you are protected by a fixed term lease agreement. Additionally your rent may not be increased (other than the annual general adjustment, discussed below) unless:

Under the Rent Stabilization Ordinance, property owners who are in compliance with registration and fee payment requirements of the Ordinance may increase rents on September 1 of each year by the amount of the General Adjustment after giving proper notice to their tenants. The General Adjustment in rent is based on 75% of the Consumer Price Index for the area.

The amount of the adjustment will be announced annually by July 1st, covering the period of September 1st through August 31st of the following year. Rent increases based on the annual adjustment can be taken only where there has been no increase (except those based on a hearing decision or an approved added housing service or building improvement) for a period of at least twelve months. Beginning with the 1996 general adjustment in rent, if the property owner does not increase the rent by the adjustment during the allowed year, the owner loses the right to take that increase. It cannot be banked and passed on to the tenant at a future date.


4. IS MY LANDLORD ENTITLED TO A RENT INCREASE BECAUSE THE UNIT WAS VACANT?


If you moved into your unit on or after January 1, 1996 the unit may qualify for a rent increase, depending on why the last tenant moved out. The rent that you can be charged will remain limited. The rent the owner will be allowed to charge a new tenant may be as much as 15% more than the previous MAR, or 70% of the Fair Market Rent Levels established by the U.S. Department of Housing and Urban Development for this area, whichever is greater. Landlords are required to re-register a rental unit when a new tenant moves in. You should be asked to sign a re-registration form which states the rent that you have actually agreed to pay. The white copy of this form will be filed with the Department, you may retain the pink copy for your records.

Re-registration will establish the rental amount for your unit, and consequently all future rent increases allowed. Units may not always qualify for an increase upon vacancy and the Department may contact you once the re-registration form is filed to determine eligibility. You may also contact a counselor at (213) 848-6450 regarding questions and rental levels on specific units prior to renting an apartment.

Note For Vacating Tenants: If you were evicted for a just cause other than non-payment of rent, did not vacate voluntarily or abandon the unit, please contact a counselor in the Department.


5. IS MY LANDLORD ENTITLED TO ANY OTHER TYPE OF RENT INCREASE?


Yes. Your landlord may apply for an additional rent increase if expenses were incurred which prevent the landlord from receiving a just and reasonable return on the rental property. In order to receive this type of rent increase your landlord must file an application and appear before a Rent Stabilization Hearing Examiner, who will evaluate the merit of the application and make a determination. Tenants are notified by the City of the date, time and location of any hearings scheduled, and are encouraged to attend and participate. Tenants may also be represented at the hearing by a tenant association member, any other designated person, or an attorney. The tenant or the landlord may appeal a Hearing Examiner's determination to the City's Rent Stabilization Commission.

6. HOW MUCH CAN THE LANDLORD COLLECT AS A SECURITY DEPOSIT?


Under California State Law, in most instances the security deposit cannot exceed two months rent for an unfurnished unit or three months rent for a furnished unit. This deposit can be collected in addition to the first month's rent.

Under the City's Rent Stabilization Ordinance, your landlord is not permitted to increase the amount of your security deposit during your tenancy.


7. IS MY LANDLORD REQUIRED TO PAY ME INTEREST ON MY SECURITY DEPOSIT?


Yes. Property owner's are required to pay simple annual interest on all monies held as security deposit, irrespective of what they may be called (last month's rent, damage deposit, cleaning fee, etc.). The interest rate is determined by the market, and announced by the Commission in September. Such interest will then be payable by January 31 of the following year, or upon move out, whichever comes first.

8. DOES EVERYONE HAVE TO PAY THE REGISTRATION FEE?


Yes. However, certain income eligible seniors, and/or persons with disabilities who pay the monthly fee may be entitled to a fee rebate from the City. Contact the Rent Stabilization Department for more information on the Tenant Fee Rebate Program.

9. DO I HAVE TO PAY ANY OTHER FEES?


Perhaps. Your landlord may also charge the following fees:

If you believe you are being charged an unauthorized fee, contact the Rent Stabilization Department.


10. WHAT IF I AM PAYING MORE THAN THE MAXIMUM ALLOWABLE RENT?


If you believe you are being charged more than the Maximum Allowable Rent (MAR) for your unit, contact the City's Rent Stabilization Department. The Department will confirm the MAR for your unit and if your rent exceeds that amount, the City will notify your landlord of the legal rent. If your rent is not adjusted after notice from the Department, your landlord may face criminal charges.

You should be aware that while the Ordinance states that you are not required to pay rent in excess of the MAR, if you refuse to pay rent in excess of your MAR, you may be required to defend yourself in court if the landlord files an eviction action against you.

If your landlord does not voluntarily refund overpayments you have made in the past, you may take your landlord to Civil Court to recover damages of up to three times the total amount of overpayment, along with reasonable attorney's fees and costs. Such an action must be filed within one year of the date of overpayment. The amount of money which may be recovered in Small Claims Court is restricted. Please contact the Beverly Hills Municipal Court for more information.


11. WHEN MAY I FILE FOR A RENT DECREASE?


You may apply for a rent decrease if one or more of the following occurs:

For more information regarding rent decrease hearings please read "A Guide To Rent Decrease Applications In The City Of West Hollywood" published by and available through the Department of Rent Stabilization.


12. WHAT ARE HOUSING SERVICES AND HOW CAN I FIND OUT WHICH ONES I AM ENTITLED TO?


Housing services are items and services your landlord has provided with your rental unit on or after April 30, 1984, such as appliances, garbage pick-up and parking. If you would like to know what housing services are registered with your unit, contact the Rent Stabilization Department.

13. CAN I OBTAIN ADDITIONAL HOUSING SERVICES IF I AM WILLING TO PAY FOR THEM?


Yes. You and your landlord may jointly apply to add a new housing service to your unit. The Added Housing Service Request is reviewed and, if approval is given, the service can be added and the rent can be increased by the amount indicated in the City's approval letter. The amount of the increase will be based on the cost of the housing service spread over the life of the service.

14. WHAT CAN I DO IF A HOUSING SERVICE IS DISCONTINUED?


If a housing service provided to your unit is discontinued, or substantially reduced, you must make a written request to your landlord to restore the service. If there is no response to your request within a reasonable period of time, usually 30 days, or if your landlord refuses your request, you may either apply for a rent decrease hearing, or contact the City's Mediator for help in resolving the issue. The Rent Stabilization Department has a sample letter available that you may use or refer to when preparing your request.

15. WHAT CAN I DO IF MY LANDLORD DOES NOT PERFORM NECESSARY MAINTENANCE?


Under the City's Rent Stabilization Ordinance, your landlord is required to paint your unit every four years and replace your carpets, drapes, linoleum, vinyl floor covering and wall paper every seven years, if needed. All appliances provided to your unit must be maintained in good working order and the unit must be maintained in accordance with applicable Building, Housing and Health Codes. If your landlord has not performed this or other necessary maintenance and repairs, you must make a written request to your landlord to do the work. If after 30 days, there is no response to your written request, or if the landlord refuses your request and you believe the maintenance is necessary, you may either apply to the Rent Stabilization Department for a rent decrease, or contact the City's Mediator for help in resolving the issue. The Department has a sample letter available that you may use or refer to when preparing your request.

Note: If you moved in prior to January 1, 1996, and your are paying less than the Maximum Allowable Rent, the owner must have met the above maintenance requirements prior to increasing your rent. Also, the owner may not increase the rent more than 10% in a 12-month period.


16. WHAT IS MEDIATION?


Mediation is a quick, easy and free service provided by the City to tenants and landlords to resolve a dispute without the formality of a Rent Decrease Hearing. With the help of an impartial, trained Mediator, the parties construct an agreement for performance of maintenance or restoration of services. This process is voluntary and may be used at any time, without having to wait the 30 days usually required for a rent decrease hearing. For more information you may read the fact sheet regarding mediation, or phone the Department and ask to speak with the mediator personally.

17. WHAT IS A RENT DECREASE HEARING?


A rent decrease hearing is a meeting before a Hearing Examiner during which evidence is presented by both the landlord and tenant. A determination is made as to whether or not a housing service is to be restored, maintenance is to be performed, or the Maximum Allowable Rent is set. The rent is then reduced if the landlord does not comply with the Hearing Examiner's decision.

The results of a hearing may be appealed to the Rent Stabilization Commission if you believe that the decision is not supported by the evidence, resulted from an abuse of discretion of the Hearing Examiner, is in violation of the Ordinance or State Law, or is clearly in error.


18. HOW DO I APPLY FOR A RENT DECREASE?


You must complete a Rent Decrease, Application and attach a copy of the written request which you gave to your landlord, if the application is for failure to provide services or perform maintenance, and pay a filing fee. Rent Stabilization Department counselors are available to assist you with the filing process.

19. CAN MY LANDLORD EVICT ME IF I FILE A RENT DECREASE APPLICATION?


You may not be evicted solely because you have properly exercised your rights as a tenant in West Hollywood. This is called a "retaliatory" eviction, and you may use this as a defense in an eviction action.

20. CAN THE OWNER LEGALLY EVICT ME?


You can be evicted, but only for certain reasons. Eviction is permitted for:

Tenants may also be evicted through no fault of their own for an owner or relative to occupy the unit, make authorized repairs, foreclosure, or when the property is being removed from the rental market.

Note: Additional protections against tenant harassment have been added to the eviction section of the Rent Stabilization Ordinance. No landlord shall engage in harassment of any tenant with the intent to cause a tenant to vacate a rental unit. No landlord shall threaten or endeavor to terminate a tenancy without substantial basis in fact for the eviction.


21. CAN I BE EVICTED FROM MY APARTMENT IF MY LANDLORD OR ONE OF MY LANDLORD'S IMMEDIATE RELATIVES WANTS TO MOVE INTO MY UNIT?

Under the City's Rent Stabilization Ordinance, a property owner may evict a tenant if the owner or an immediate relative plans to live in the unit for at least one year. In order for your landlord or the landlord's immediate relative to move into your rental unit the following must apply:

If you are evicted, your landlord must pay relocation fees at the time you receive a 90-day written notice to vacate.


22. CAN I BE EVICTED IF MY LANDLORD SELLS THE CONDOMINIUM OR HOME I LIVE IN?


Under the West Hollywood Rent Stabilization Ordinance, the property owner who is selling the unit cannot evict you. If the buyer or one of the buyer's immediate relatives plans to live in the unit, the buyer can evict you after escrow closes.

If you are evicted, the new owner must pay relocation fees at the time you receive a 90-day written notice to vacate.


23. CAN I BE EVICTED IF MY LANDLORD WANTS TO "GO OUT OF BUSINESS"?


Under a California State law entitled "The Ellis Act," your landlord may withdraw all the units in your building from the rental market, providing the following conditions are met:

Each tenant is entitled to the right of first refusal, and possible damages, if the unit is placed back on the rental market.


24. HOW MUCH ARE THE RELOCATION FEES?


Relocation fees are determined in three different ways:

Different relocation benefits apply to units being withdrawn form the rental market, and individuals impacted by this should contact the Department regarding those requirements.

Please contact the Department of Rent Stabilization at (213) 848-6450 for the amount of relocation fee to which you are entitled.


25. AM I ENTITLED TO ANY ADDITIONAL EVICTION SERVICES?


If your eviction is a no-fault eviction, you are entitled to relocation assistance. The property owner pays the City a fee to cover the costs of these services which are provided by the City's Rent Stabilization Department through a private contractor at no cost to the displaced tenant.

26. CAN I BE EVICTED IF I HAVE SOMEONE MOVE IN WITH ME?


You may be vulnerable to eviction if you have more people living with you than your lease specifies. However, the Ordinance provides that one additional person may move in with you if it is your spouse, domestic partner, child, parent, grandparent, brother or sister. However, you must notify your landlord in writing about the additional person and state the nature of the relationship.


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 tenants 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