ORDINANCE NO. -,J-,-P ~1 7 4 - Government of Los...

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ORDINANCE NO. _-,J-,-P_~ 1_7_4_~_. __ An ordinance amending and repealing various sections of the Rent Stabilization Ordinance codified in Article 1, Chapter XV of the Los Angeles Municipal Code and Housing Code codified in Article 7, Chapter IV of the Los Angeles Municipal Code to clarify the Housing Department's administrative processes and authority, to correct references to obsolete code sections, and to conform the provisions of both ordinances with other Chapters in the Municipal Code. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Subparagraph (3) of Paragraph (b) of Subdivision 1 of Subsection D of Section 47.06 TENANT RELOCATION ASSISTANCE WHERE APARTMENTS ARE TO BE CONVERTED is amended to read as follows: (3) $18,300 to qualified tenants and $9,650 to all other tenants whose household income is 80 percent or below Area Median Income, as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of tenancy. Tenants who claim eligibility pursuant to this Subparagraph shall file a statement with the Housing Department verifying their income on a form prescribed by the Housing Department. Requests for a hearing to appeal a decision regarding a tenant's relocation assistance, including disputes about eligibility for higher relocation assistance based on a tenant's income, age, length of tenancy, family status and disability status, must be filed in writing on the form prescribed by the Housing Department. The Housing Department shall charge the appellant a fee of $193 per rental unit to cover the administrative costs of the hearing. Sec. 2. Subparagraph (3) of Paragraph (b) of Subdivision 1 of Subsection D of Section 47.07 TENANT RELOCATION ASSISTANCE WHERE APARTMENTS ARE TO BE DEMOLISHED is amended to read as follows: (3) $18,300 to qualified tenants and $9,650 to all other tenants whose household income is 80 percent or below Area Median Income, as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development regardless of length of tenancy. Tenants who claim eligibility pursuant to this Subparagraph shall file a statement with the Housing Department verifying their income on a form prescribed by the Housing Department. Requests for a hearing to appeal a decision regarding a tenant's relocation assistance, including disputes about eligibility for higher relocation assistance based on a tenant's income, age, length of tenancy, family status and/or disability status, must be filed in writing on the form prescribed by the Housing Department. The Housing Department shall charge the appellant a fee of $193 per rental unit to cover the administrative costs of the hearing. 1

Transcript of ORDINANCE NO. -,J-,-P ~1 7 4 - Government of Los...

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ORDINANCE NO. _-,J-,-P_~1_7_4_~_. __An ordinance amending and repealing various sections of the Rent Stabilization

Ordinance codified in Article 1, Chapter XV of the Los Angeles Municipal Code andHousing Code codified in Article 7, Chapter IV of the Los Angeles Municipal Code toclarify the Housing Department's administrative processes and authority, to correctreferences to obsolete code sections, and to conform the provisions of both ordinanceswith other Chapters in the Municipal Code.

THE PEOPLE OF THE CITY OF LOS ANGELESDO ORDAIN AS FOLLOWS:

Section 1. Subparagraph (3) of Paragraph (b) of Subdivision 1 of Subsection Dof Section 47.06 TENANT RELOCATION ASSISTANCE WHERE APARTMENTS ARETO BE CONVERTED is amended to read as follows:

(3) $18,300 to qualified tenants and $9,650 to all other tenants whosehousehold income is 80 percent or below Area Median Income, as adjusted forhousehold size, as defined by the U.S. Department of Housing and UrbanDevelopment regardless of length of tenancy. Tenants who claim eligibilitypursuant to this Subparagraph shall file a statement with the HousingDepartment verifying their income on a form prescribed by the HousingDepartment. Requests for a hearing to appeal a decision regarding a tenant'srelocation assistance, including disputes about eligibility for higher relocationassistance based on a tenant's income, age, length of tenancy, family status anddisability status, must be filed in writing on the form prescribed by the HousingDepartment. The Housing Department shall charge the appellant a fee of $193per rental unit to cover the administrative costs of the hearing.

Sec. 2. Subparagraph (3) of Paragraph (b) of Subdivision 1 of Subsection D ofSection 47.07 TENANT RELOCATION ASSISTANCE WHERE APARTMENTS ARETO BE DEMOLISHED is amended to read as follows:

(3) $18,300 to qualified tenants and $9,650 to all other tenants whosehousehold income is 80 percent or below Area Median Income, as adjusted forhousehold size, as defined by the U.S. Department of Housing and UrbanDevelopment regardless of length of tenancy. Tenants who claim eligibilitypursuant to this Subparagraph shall file a statement with the HousingDepartment verifying their income on a form prescribed by the HousingDepartment. Requests for a hearing to appeal a decision regarding a tenant'srelocation assistance, including disputes about eligibility for higher relocationassistance based on a tenant's income, age, length of tenancy, family statusand/or disability status, must be filed in writing on the form prescribed by theHousing Department. The Housing Department shall charge the appellant a feeof $193 per rental unit to cover the administrative costs of the hearing.

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Sec. 3. The second to last sentence in the paragraph defining "Rental Units" inSection 151.02 of the Los Angeles Municipal Code is amended to read as follows:

Further, it shall include recreational vehicles, as defined in California Civil CodeSection 799.29 if located in a mobile home park or recreational vehicle park, whetherrent is paid for the recreational vehicle and the land upon which it is located, or rent ispaid for the land alone.

Sec. 4. Subsection 6 following the definition of "Rental Units" in Section 151.02of the Los Angeles Municipal Code is amended to read as follows:

6. Housing accommodations, located in a structure for which the firstCertificate of Occupancy was issued after October 1, 1978, are exempt fromprovisions of this Chapter. If the property was occupied for residential purposesprior to October 1, 1978 and a Certificate of Occupancy for the subject buildingwas never issued or was not issued until after October 1, 1978, the housingaccommodation shall be subject to the provisions of this Chapter if relevantdocumentation, such as a building permit, establishes that the building was firstoccupied for residential purposes prior to October 1, 1978. This exception shallnot apply to individual mobile home coaches, mobile home parks, individualrecreational vehicles or recreational vehicle parks.

Sec. 5. Subdivision 9 following the definition of "Rental Units" in Section 151.02of the Los Angeles Municipal Code is amended to read as follows:

9. Affordable Housing Accommodations are housingaccommodations with a government imposed regulatory agreement that hasbeen recorded with the Los Angeles County Recorder, or which shall berecorded within six months of the filing of an exemption pursuant to thisSubdivision with the Department, guaranteeing that the subject housingaccommodations will be affordable to either lower income or very low incomehouseholds for a period of at least 55 years, with units affordable only tohouseholds with an income at 60 percent of the Area Medium Income or less.None of the subject housing accommodations shall be affordable only tohouseholds with incomes greater than 60 percent of the Area Medium Income,as these terms are defined by the U.S. Department of Housing and UrbanDevelopment. "Lower Income or very low income households" is defined inaccordance with California Health and Safety Code Sections 50079.5 and 50105.

This exemption shall apply only to housing accommodations which have beenissued an affordable housing exemption by the Department indicating satisfaction of thefollowing conditions:

(1) the subject housing accommodations are only available tolower income or very low income households with none of the subject

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accommodations affordable only to households with income greater than60% of Area Median Income;

(2) rent levels conform to the amounts set by the U.S.Department of Housing and Urban Development, or the CaliforniaDepartment of Housing and Community Development, as applicable,based on the public funding source for the subject accommodations;except as follows:

Annual rent increases shall be in accordance with LAMC Section151.06.0 for any tenancies established prior to the recording of thegovernment imposed regulatory agreement where the tenant householdhas not received permanent relocation assistance in accordance with theUniform Relocation Act, the California Relocation Assistance Act or LAMCSection 151.09.G, whichever is applicable;

(3) actions to recover possession of housing accommodationsfrom a tenant shall be limited to the grounds set forth in LAMC Section15.09.A;

(4) the landlord shall comply with the provisions of the TenantHabitability Program, pursuant to Article 2 of this Chapter, if applicable;

(5) relocation assistance shall be provided to an eligible tenanthousehold based on the applicable provisions of the Uniform RelocationAct or the California Relocation Assistance Act; or the amount set forth inLAMC Section 151.09.G, whichever is greater.

The Department shall have the authority to revoke an exemptionissued pursuant to this Subdivision for failure to adhere to any of theconditions for an exemption set forth in this Subdivision.

Sec. 6. The term "Seismic Work" and definition for "Seismic Work" in Section151.02 of the Los Angeles Municipal Code is deleted.

Sec. 7. The first paragraph of Subsection B of Section 151.05 of the LosAngeles Municipal Code is amended to read as follows:

B. The Department or its designee shall, upon the payment of alloutstanding fees imposed pursuant to this Chapter and furnishing of anemergency contact, including the contact's name, address and phone number,register or renew the registration of a rental unit. For any rental unit for which aregistration or annual registration renewal statement is required, a registration orannual registration renewal fee shall be paid. This fee shall be due and payableon the first day of January of each year, and shall be deemed delinquent if not

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paid on or before the last day of the month of February of each year. The feesrequired hereunder shall be as follows:

Sec. 8. Subsection G of Section 151.05 of the Los Angeles Municipal Code isamended to read as follows:

G. The landlord of a rental unit which is not registered with theDepartment shall provide the Department, on the form approved by theDepartment and accompanied by supporting documentation, a writtendeclaration stating the facts upon which the landlord bases a claim of exclusionfrom the provisions of this Chapter. If a landlord fails to submit a writtendeclaration and supporting documents by the last day of the month of January ofeach year, the unit shall be deemed to be subject to the provisions of thisChapter and any fees collected shall be non-refundable. If a landlord declaresthat the rental unit is not subject to the registration requirements of thisSubsection because the rental unit is vacant, the landlord shall provide theDepartment with a copy of a notice recorded against the property declaring thatthe unit is and shall remain vacant, and the unit shall be secured againstunauthorized entry.

Sec. 9. Subsection H of Section 151.05 of the Los Angeles Municipal Code isrepealed.

Sec. 10. The first paragraph after Subsection D in Section 151.05.1 of the LosAngeles Municipal Code is amended to read as follows:

This Section shall only apply to landlords who have paid all outstandingSystematic Code Enforcement Fees and charges imposed pursuant to Section161.903.2 of this Code.

Sec. 11. Subsection C of Section 151.06 of the Los Angeles Municipal Code isamended to read as follows: .

C. Where all of the tenants have vacated a rental unit subject to theprovisions of this Article, the following provisions apply:

1. The landlord may increase the maximum rent or maximumadjusted rent to any amount upon re-rental of the unit in any of thefollowing circumstances:

(a) the rental unit was vacated voluntarily.

(b) the rental unit was vacated as a result of thelandlord's termination of tenancy pursuant to Subdivisions 1, 2, 9 or13 of Subsection A of Section 151.09 of this Code.

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(c) the rental unit was vacated as a result of thelandlord's termination of tenancy pursuant to Subdivisions 3 or 4 ofSubsection A of Section 151.09 of this Code, and

i. The landlord served a written notice required toterminate tenancy on the tenant prior to the City Attorneycommencing a court action against the tenant pursuant toSection 47.50 of this Code; and

ii. The eviction or termination of tenancy is basedupon information provided by a law enforcement orprosecution agency that the tenant is committing orpermitting to exist any gang-related crime, violent crime,unlawful weapon or ammunition crime, threat of violentcrime, illegal drug activity or drug-related nuisance as thoseterms are defined in Section 47.50 of this Code. Thereafter,so long as the rental unit continues to be rented to one ormore of the same persons, no other rent increase shall beimposed pursuant to this Subsection.

2. The landlord may only offer and rent the rental unit at thelawful rent in effect at the time of the most recent termination of tenancyplus annual adjustments available under Section 151.06 of this Article inany of the following circumstances:

(a) The rental unit is vacated as a result of thetermination of the Housing Assistance Payment Contract betweenthe landlord and the Housing Authority of the City of Los Angelesbecause of the landlord's failure to comply with the contractualobligations required by law.

(b) The rental unit was vacated as a result of thelandlord's termination of tenancy pursuant to Subdivision 5, 6, 7, 8,10, 11 or 12 of Subsection A of Section 151.09 of this Code, orpursuant to Subdivisions 3 or 4 of Subsection A of Section 151.09of this Code except as otherwise provided under Subparagraph c ofSubdivision 1 of Subsection C of this Section;

(c) The rental unit was vacated as a result of the landlordcreating an unreasonable interference with the tenant's comfort,safety or enjoyment of the rental unit;

(d) The rental unit is vacated voluntarily by a tenant whowas the next tenant after an eviction pursuant to Subdivision 8 ofSubsection A of Section 151.09 of this Code;

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(e) The rental unit is vacated as a result of thetermination of the regulation of the rental unit under any local. stateor federal program;

(f) The rental unit is the subject of a notice ofnoncompliance sent to the Franchise Tax Board pursuant toSection 17274 of the Revenue and Taxation Code, and theviolations that were the subject of the notice have not beencorrected;

(g) The rental unit is the subject of a notice of acceptanceinto the Rent Escrow Account Program issued pursuant to Section162.00, et. seq. of this Code, and the conditions that caused theissuance of the notice have not been corrected;

(h) The rental unit is the subject of a criminal convictionrelated to the landlord's failure to comply with a citation or orderissued by the Los Angeles Housing Department, Los AngelesDepartment of Building and Safety, Los Angeles Fire Department,or Department of Health with respect to the subject rental unit, andthe conditions that caused the conviction have not been corrected.

3. If the rental unit is vacated as a result of a removal of therental unit from rental housing use pursuant to Subdivision 10 ofSubsection A of Section 151.09 of this Code, the landlord must complywith the requirements of Sections 151.22 through 151.28 of this Code,including applicable limitations on the amount of rent.

Sec. 12. Subsection G of Section 151.06 of the Los Angeles Municipal Code isamended to read as follows:

G. For a rental unit which has an additional tenant joining theoccupants of the rental unit thereby resulting in an increase in the number oftenants existing at the inception of the tenancy:

(a) The landlord may increase the maximum rent or maximumadjusted rent by an amount not to exceed 10% for each additional tenantthat joins the occupants of the rental unit, except as follows:

(i) This Subsection shall not apply if the landlord hadactual or constructive knowledge of the additional tenant'soccupancy of the rental unit for more than 60 days and has failed tonotify the tenant of the increase pursuant to this Subsection;

(ii) If the additional tenant joined the occupants of therental unit prior to the effective date of this amendment and the

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landlord had actual or constructive knowledge of the additionaltenant's occupancy of the rental unit prior to the effective date ofthis amendment, the landlord shall not be able to increase the rentpursuant to this Subsection unless the landlord had notified thetenant of the increase within 60 days of the effective date of thisamendment;

(iii) This Subsection shall not apply for the first minordependent child (or first minor dependent children of a multiplebirth) added to an existing tenancy.

(b) The rental unit shall not be eligible for a rent increase untilthe additional tenant has maintained residence in the rental unit for aminimum of thirty consecutive days.

Sec. 13. The first paragraph in Subsection A of Section 151.06.1 of the LosAngeles Municipal Code is amended to read as follows:

A. For a rental unit in which the landlord installs smoke detectorspursuant to Section 91.8603.1.1 or Section 91.8603.1.2 or Section 91.8603.2.1or Section 91.8603.2.2 of this Code:

Sec. 14. Subdivision 1 of Division A of Section 151.07 is amended to read asfollows:

1. The Department, in accordance with such regulations andguidelines as the Commission may establish, shall have the authority togrant adjustments in the rent for a rental unit or units located in the samehousing complex upon receipt of an application for an adjustment filed bythe landlord of the unit or units if it finds that one or more of the groundsset forth in this Subdivision exist. Nothing in this Section shall prevent theDepartment from granting rent adjustments under more than one provisionof this Section, provided the rent adjustments are for different work orimprovements. The Department shall not grant a rent adjustment for arental unit under more than one provision of this Section for the samework or improvement. The Department shall not process any applicationsfor rent adjustments under this Section if the landlord has not paid alloutstanding fees imposed pursuant to Section 151.05, Section 161.352and Section 161.901 of this Code.

Sec. 15. The fifth paragraph of Paragraph b of Subdivision 1 of Subsection A ofSection 151.07 of the Los Angeles Municipal Code is amended to read as follows:

For the purposes of this Paragraph, work required for compliance with Section91.8805 of this Code shall not be eligible as rehabilitation work.

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Sec.16. Paragraph c of Subdivision 1 of Subsection of A of Section 151.07 of theLos Angeles Municipal Code is repealed.

Sec. 17. The eighth paragraph of Paragraph d of Subdivision 1 of Subsection Aof Section 151.07 of the Los Angeles Municipal Code stating "For the purposes of thisprovision, seismic work shall not be eligible for cost recovery as Primary RenovationWork" is deleted.

Sec. 18. Subdivision 14 is added to Subsection A of Section 151.09 of the LosAngeles Municipal Code to read as follows:

14. The landlord seeks to recover possession of the rental unitto convert the subject property to an affordable housing accommodation inaccordance with an affordable housing exemption issued by theDepartment pursuant to Section 151.02 of this Code. If the landlord fails torecord a government imposed regulatory agreement within six months ofthe filing of the affordable housing exemption with the Department inaccordance with Section 151.02 of this Code, and the landlord seeks tooffer the rental unit for rent or lease, the accommodations shall be offeredand rented or leased at the lawful rent in effect at the time the affordablehousing exemption was filed with the Department, plus annualadjustments available pursuant to Section 151.06 of this Code.Furthermore, the landlord shall first offer to rent or lease the unit to thetenant(s) displaced from that unit pursuant to this Subdivision, providedthat the tenant(s) advised the landlord in writing within 30 days ofdisplacement of his or her desire to consider an offer to renew the tenancyand provided the landlord with an address to which that offer is to bedirected. The tenant(s) may subsequently advise the landlord of a changeof address to which an offer is to be directed. A landlord who re-offers therental unit pursuant to the provisions of this Subdivision shall deposit theoffer in the United States mail, by registered or certified mail with postageprepaid, addressed to the displaced tenant(s) at the address furnished tothe landlord as provided in this Subdivision, and shall describe the termsof the offer. The displaced tenant(s) shall have 30 days from the deposit ofthe offer in the mail to accept the offer by personal delivery of thatacceptance to the Department or deposit of the acceptance in the UnitedStates mail by registered or certified mail with postage prepaid.

Sec. 19. Subsection G of Section 151.09 of the Los Angeles Municipal Code isamended to read as follows:

G. Except for relocation fees owed pursuant to the provisions ofSubsection E of Section 151.30 of this Code, if the termination of tenancy isbased on the grounds set forth in Subdivisions 8, 10, 11, 12, or 13, of SubsectionA of this Section, then the landlord shall pay a relocation fee of: $15,500 toqualified tenants and a $7,300 fee to all other tenants who have lived in their

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rental unit for fewer than three years, or $18,300 to qualified tenants and a$9,650 fee to all other tenants who have lived in their rental unit for three years orlonger, or $18,300 to qualified tenants and $9,650 to all other tenants whosehousehold income is 80 percent or below Area Median Income (AMI), asadjusted for household size, as defined by the U.S. Department of Housing andUrban Development, regardless of length of tenancy. If more than one feeapplies to a rental unit, the landlord shall pay the highest of the applicable fees.Tenants who claim eligibility based on their income shall file a statement with theDepartment verifying their income on a form prescribed by the Department.Requests for a hearing to appeal a decision regarding a tenant's relocationassistance eligibility, including disputes about eligibility for higher relocationassistance based on a tenant's income, age, length of tenancy, family statusand/or disability status, must be filed in writing on the form prescribed by theDepartment and received by the Department within fifteen calendar days of thedate of the Department's notification of its decision regarding tenant relocationassistance.

The Department shall charge a fee of $193 per rental unit for any requestsfor hearings under this Subsection to pay for the cost of the appeal hearing. Forthe year beginning July 1, 2009, and all subsequent years, the fee amounts shallbe adjusted on an annual basis pursuant to the formula set forth in Section151.06 D of this Code. The adjusted amount shall be rounded to the nearest $50increment.

If termination. of the tenancy is based on the grounds set forth in Section151.09.A.11 of this Code, and the subject property has an approved use as asingle family home and the structure containing the single family home containstwo rental units, the landlord shall pay a relocation fee in accordance withSection 151.09.G of this Code to the tenant(s) of the affected rental unit(s) within15 days of receiving notice from the tenant(s) of their intention to terminate thetenancy.

Sec. 20. Subsection J of Section 151.09 of the Los Angeles Municipal Code isrepealed

Sec. 21. Subsection D is added to Section 151.10 of the Los Angeles MunicipalCode to read as follows:

D. Any agreement, whether written or oral, waiving any of theprovisions contained in this Article shall be void as contrary to public policy.

Sec. 22. Subsection E is added to Section 151.10 of the Los Angeles MunicipalCode to read as follows:

E. Nothing in this Article shall be construed to deprive a person of dueprocess rights guaranteed by law, including, but not limited to, a right to appeal

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the Department's determination regarding a Tenant Habitability Plan to a hearingofficer.

Sec. 23. Section 151.15 of the Los Angeles Municipal Code is amended to readas follows:

SEC. 151.15 PENALTIES FOR LATE REGISTRATION AND FOR FAILURETO POST NOTICE THAT PROPERTY IS SUBJECT TO THE RENTSTABILIZATION ORDINANCE.

Any landlord who fails to pay the fee for registration or registration renewal inaccordance with the provisions of Section 151.05 of this Chapter shall be deemeddelinquent. The landlord shall pay a penalty equal to one hundred and fifty percent ofthe fee per subject rental unit for any delinquency incurred after the effective date of thisamendment.

For any delinquency incurred prior to the effective date of this amendment, thelandlord shall pay a penalty of $6.00 for a delinquency incurred prior to January 1, 1989,and a penalty of $14.00 for a delinquency incurred subsequent to January 1, 1989, andprior to the effective date of this amendment. Any landlord who pays a fee after theDepartment has notified the landlord of the landlord's delinquency in failing to complywith the registration requirements of this Chapter prior to the effective date of thisamendment shall pay a penalty of $15.00 for a delinquency incurred prior to January 1,1989, and a penalty of $28.00 for a delinquency incurred subsequent to January 1,1989, and prior to the effective date of this amendment per subject rental unit in additionto the amount of the fee.

The Department shall notify a landlord of failure to post a notice in accordancewith the provisions of Subsection I of Section 151.05 of this Chapter. If a landlord failsto post the notice within seven days of Department notification, the landlord shall pay afine of $250 for each day after the seventh day that the landlord fails to post the notice.

If the Department determines that good cause exists for a landlord's failure totimely pay the registration fee in accordance with the provisions of Section 151.05 ofthis Chapter, or failure to post a notice in accordance with the provisions of Subsection Iof Section 151.05 of this Chapter, the Department may waive the penalties or finesrequired by this Section. The Department may promulgate such rules and regulationsas may be necessary to carry out the provisions of this Section.

Sec. 24. The definition of "DWELLING UNITS" in Section 161.201 of the LosAngeles Municipal Code is deleted.

Sec. 25. The first paragraph of Section 161.301 of the Los Angeles MunicipalCode is amended to read as follows:

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The provisions of this Article shall apply to all residential rental properties withtwo or more dwelling units, efficiency dwelling units, light housekeeping rooms, guestrooms and suites, as these terms are defined in Section 12.03 of this Code, where oneor more of these units are rented or offered for rent on the same lot, land, buildings andstructures appurtenant thereto. The provisions shall not apply to:

Sec. 26. Subsection (6) of Section 161.301 of the Los Angeles Municipal Codeis amended to read as follows:

(6) Mobile homes, or mobile home parks, or recreational vehicles asdefined in California Civil Code Section 799.29, or recreational vehicle parks.

Sec. 27. Section 161.352 of the Los Angeles Municipal Code is amended toread as follows:

SEC. 161.352 FEES FOR INSPECTION.

Owners of all buildings subject to inspection shall pay a regulatory fee of $35.52per unit per year. This fee will shall be due and payable on the first day of January ofeach year and shall be deemed delinquent if not paid on or before the last day of themonth of February each year. The fee will be used to finance the costs of inspectionand enforcement by the Department. Should the owner fail to pay the required fee, theCity of Los Angeles will recover it utilizing any remedies provided by law, includingnuisance abatement or municipal tax lien procedures established by ordinance and/orstate law. This fee shall be known as the "Systematic Code Enforcement ProgramFee."

Sec. 28. Section 161.703 of the Los Angeles Municipal Code is amended toread as follows:

SEC. 161.703. VACANT UNITS.

A vacant unit in a property subject to this Article need not comply with ordersunder this Section, provided that a notice is recorded against the property declaring thatthe unit is and shall remain vacant, and provided that the unit is secured againstunauthorized entry. If a dwelling unit declared to be vacant is rented, no rent is due orowing for that dwelling unit. The tenant may assert this Section as an affirmativedefense to any unlawful detainer action brought based on nonpayment of rent.

Sec. 29. Section 161.903.1 of the Los Angeles Municipal Code is amended toread as follows:

SEC. 161.903.1.

A late charge equal to two times the fee or cost and a collection fee equal to 50percent of the original fee or cost shall be imposed if any fees or costs imposed by this

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Division are not paid within 30 days of service of notice of the imposition of the fee orcost or, if timely appealed pursuant to Division 10 of this Article, of any decision on theappeal. The City shall have the right to bring legal action in any court to enforce theorder and collect the amount of the outstanding fees, late charges and costs. TheDepartment may waive the penalty imposed pursuant to this Article if the Departmentdetermines that good cause exists for the owner's failure to pay in a timely manner.The Department may make such rules and regulations as may be necessary to carryout the provision of this Section.

Sec. 30. Section 161.903.2 of the Los Angeles Municipal Code is amended toread as follows:

SEC. 161.903.2.

An owner who fails to pay the original fee imposed pursuant to Section 161.352of this Article shall be deemed delinquent. The owner shall pay a penalty fee equal totwo times the original fee per subject rental unit for such a delinquency. The City shallhave the right to bring a legal action in any court to enforce the order and collect theamount of the outstanding fees and penalties. The Department may waive the penaltyimposed pursuant to this Article if the Department determines that good cause exists forthe owner's failure to pay in a timely manner. The Department may make such rulesand regulations as may be necessary to carry out the provision of this Section.

Sec. 31. Subdivision B of Section 163.03 of the Los Angeles Municipal Code isamended to read as follows:

B. Any order to vacate shall be accompanied by a summary of theprovisions of California Health and Safety Code (Section 17975, et seq.).

Sec. 32. The third sentence of Subdivision D of Section 163.03 of the LosAngeles Municipal Code is amended to read as follows:

The landlord shall be liable to the City of Los Angeles for reimbursement of therelocation benefits plus a penalty in the amount of one-half of the benefits paid, not toexceed $10,000, and the costs of the Enforcement Agency as setforth in CaliforniaHealth and Safety Code Section 17975, et. seq ..

Sec. 33. The third sentence in Subdivision E of Section 163.03 of the LosAngeles Municipal Code is amended to read as follows:

The General Manager and the Enforcement Agency's Appeals Board shall adhere tothe requirements of Section 17975, et seq.

Sec. 34. The first sentence in.Subdivision C of Section 163.07 of the LosAngeles Municipal Code is amended to read as follows:

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C. Prior to instituting any action to collect from the landlord or toimpose a lien on the property, the Enforcement Agency shall send an accountingto the landlord as set forth in Califomia Health and Safety Code Section 17975.

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Page 14: ORDINANCE NO. -,J-,-P ~1 7 4 - Government of Los …clkrep.lacity.org/onlinedocs/2009/09-2033_ord_181744.pdfSec. 3. The second to last sentence in the paragraph defining "Rental Units"

Sec. 35 The City Clerk shall certify to the passage of this ordinance and have itpublished in accordance with Council policy, either in a daily newspaper circulated inthe City of Los Angeles or by posting for ten days in three public places in the City ofLos Angeles: one copy on the bulletin board located at the Main Street entrance to theLos Angeles City Hall; one copy on the bulletin board located at the Main Streetentrance to the Los Angeles City Hall East; and one copy on the bulletin board locatedat the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City ofLos Angeles, at its meeting of MAY :3 j 20111 .

JUNE LAG MAY, City Clerk

ByLiJ~-=---Deputy

JUN 67 2011Approved _

Mayor

Approved as to Form and Legality

CARMEN A. TRUTANICH, City Attorney

B~~~L ~~7'bC-)DEBORAH BREITHAUPTDeputy City Attorney

Date c;g.-4?b? @ eJ//(I I

File No. Ocr::gsp33,-- __

M'\LAHD\Breilhaupl\Ordinances\RSO Amendments\Final Drafts\RSO Tech Amenoments DB final 2-28-11.docm

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