e) The previous tenancy was terminated as a result of the filing of a

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rescinded or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accommodations are withdrawn,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,