ORDINANCE NO. 13- 925U AN ORDINANCE OF THE CITY COUNCIL OF THE OF CITY WEST CODE STATE TO OF THE LAW RELATING TO THE DETERMINATION UPON OF TERMINATION CODE GOVERNMENT THE EXISTING PROVISIONS STABILIZATION RENT MUNICIPAL AMENDING HOLLYWOOD OF RENT EXEMPTION, AN 7060- 7060. 7, SECTIONS DEFINITION OF " TENANT", AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES HEREBY ORDAIN AS FOLLOWS: Subparagraph ( 2)( d) SECTION 1. of Section 17. 08. 010, Definitions, of Title 17, Chapter 17. 08, is amended to read as follows: For d. to this title, then exempted under the provisions a unit subject of this title and then no longer exempt, the base rent as of the termination of the exemption shall be the lawful rent immediately before the effective date of the exemption adjusted by the intervening general adjustments which would have been permitted for that unit if it had not been exempt. SECTION 2. Subparagraph ( 2)( e) Adjustments after 1, January 1999, of Section 17.40. 020, Vacancy Rent Title 17, Chapter 17. 40, is amended to of read as follows: The previous tenancy was terminated as a result of the filing of a e) Notice of Intent to Withdraw 7060. 7 ( the Ellis Act), pursuant to Government Code Sections 7060- or the previous tenancy was terminated pursuant to an occupancy, and the owner- relative occupant has now moved out For the purposes of this section, an owner- relative occupant is not a owner- relative of the unit. tenant. If the eviction was pursuant to the Ellis Act, the landlord shall not be entitled to set an initial rent for a period of five years after the notice of intent to withdraw is filed rescinded or period after the the If the with the City ( whether or not the notice of intent to withdraw is withdraw of the accommodations accommodations are withdrawn, eviction was pursuant to an is completed), or the five- year whichever period is later. owner- relative occupancy, the initial rental rate charged to a new tenant shall be the last lawful rent charged the tenant evicted for such owner- relative occupancy, augmented by any intervening annual general adjustments. SECTION 3. Subparagraph ( 21) 17, Chapter 17. 08, is amended to of read as Section 17. 08. 010, Definitions, of Title follows: Ordinance No. 13- 925U Page 2 of 4 21. other " Tenant" person tenant, subtenant, lessee, sublessee or any the terms of a written or oral rental housing shall mean a entitled under agreement to the use or occupancy of a rental unit. SECTION 4. Subparagraph ( 15)( b)( 3) of Section 17. 52. 010, Grounds for Termination, of Title 17, Chapter 17. 52, is amended to read as follows: 3) Provide written notice of termination to tenancy of all affected tenants, which notice shall contain the following information: i) subsection ( That the landlord is evicting the tenant pursuant to this 15) and will provide the city with the written notice required in ( 1) above; ii) A summary of the specific information to be provided to the city in that notice regarding the tenant' s unit; iii) That within thirty days to terminate, the of receipt of notice tenant may notify the landlord in writing that the tenant would be interested in rerenting the unit if any of the withdrawn units are re- offered for rent at a future time and advising the tenant to notify the landlord of future address changes; iv) A subparagraphs ( c) description and ( d) of the below. The tenant' s notice rights be shall as set forth accompanied in by a relocation fee in accordance with Section 17. 52. 020; and A description v) this of the tenant' s rights under subparagraph ( 4) of subparagraph ( b). SECTION 5. Subparagraph ( 15)( c) of Section 17. 52. 010, Grounds for Termination, of Title 17, Chapter 17. 52, is amended to read as follows: In the event that any of the withdrawn units are re-offered for rent c) landlord landlord shall: by the within two years from the effective date of withdrawal, the 1) Provide written notice of such action to the city not less than thirty days prior to re- renting the units; 2) Offer the units at the same MAR as of the date of withdrawal plus any general across-the- board adjustment that would have applied had the units not been withdrawn; Provide those tenants who provided a notice of interest in re- 3) renting rent pursuant the provided unit by by to subparagraph ( b)( 3)( iii) above the right to first refusal to re- certified or registered mail, postage prepaid, the tenant, in which case to the last address the tenant shall have no less than thirty Ordinance No. 13- 925U Page 3 of 4 days to which within the accept offer, by personal service or certified or registered mail; Be liable in a civil action if commenced within three years of 4) displacement to any tenant evicted due to withdrawal of a unit pursuant to this subsection ( 15) for displacement, damages actual were which the proximate result of the in accordance with the principles enunciated in Sections 7262 and 7264 of the California Government Code, and exemplary damages; Be liable in 5) a civil action, if commenced within three years of displacement, to the city for exemplary damages for each of the withdrawn units. SECTION 6. Subparagraph ( 15)( d) Termination, of of Section 17. 52. 010, Grounds for Title 17, Chapter 17. 52, is amended to read as follows: In the event any of the withdrawn units are re-offered for rent by the d) landlord with the any notice of intent to withdraw the of West Hollywood, or within five years after Provide not less than thirty days' 'prior written notice of such five within is filed years after City the accommodations are withdrawn, whichever is later, the landlord shall: accommodation 1) action to the city prior to re- renting the units; Offer the units at the same MAR as of the date the notice of 2) City of West Hollywood, plus any general adjustments that would have applied under this chapter had the units not been intent to withdraw is filed with the withdrawn; If any of the withdrawn units are re- offered for rent less than 3) ten years from the effective date of removal, the landlord shall provide those tenants who provided notice of interest in re- renting pursuant to subparagraph b)( 3)( iii), above, the right of first refusal to re- rent the unit, by certified or in registered mail, postage prepaid, to the last address provided by the tenant, which case the tenant shall have no less than thirty days within which to accept the offer by personal service or certified or registered mail. Failure of the landlord to provide the tenant with this right of first refusal shall render the landlord liable in a civil action to the tenant in punitive damages in an amount not to exceed six months' rent. SECTION 7. This ordinance is declarative of existing law and is consistent that the public, especially landlords and tenants, are their rights and responsibilities under existing law, it is adequately informed of immediate necessary that this ordinance take effect immediately for the law. In preservation of the with state order public peace, health or safety. Absent immediate enactment, both landlords and tenants may be uncertain as to their respective rights and responsibilities, creating unnecessary confusion and disputes. This is an urgency ordinance adopted pursuant to Government Code Section 36937 and shall take effect immediately upon adoption. Ordinance No. 13- 925U Page 4 of 4 SECTION 8. In the event a court disagrees that these amendments are declaratory of existing law, then it is the intent of the Council that these amendments shall be retroactive to be consistent with state law. PASSED, West Hollywood APPROVED AND ADOPTED by the City Council of the City of at a regular meeting held this 16th day of September, 2013 by the following vote: AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: ABSTAIN: Councilmember: Duran, Heilman, Prang, Mayor Tempore D' Amico and Mayor Land. None. None. None. Pro Air AB: LAND, MAYOR ATTEST: e) COREY SCHA ER, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST HOLLYWOOD I, COREY SCHAFFER, certify that the ) ) City Clerk of foregoing Ordinance No. the City 13- 925U of West Hollywood, was duly do hereby passed, approved and adopted by the City Council of the City of West Hollywood at a regular meeting held on the 16th day of September 2013. I further certify that this ordinance was posted in three public places as provided for in Resolution No. 5, adopted the 29th day of November, 1984. WITNESS MY HAND AND OFFICIAL SEAL THIS 2013. COREY SCHAFF R, CITY CLERK 17th DAY OF SEPTEMBER,
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