RSO & Relocation

December 2008

What Does Rent Stabilization Do?

Controls rents (Vacancy decontrol)

Limits evictions (12 Legal Reasons) Requires relocation assistance for no-

fault evictions

Subject Properties Basic Rule

Housing accommodation rented or offered for rent

In the City of LA C of O on/before 10/1/78 2 or more on a lot

Inventory Over 129,000 properties Approximately 636,000 rental units Includes condos, co-ops, rooming houses,

mobile home parks*, hotels & motels

Not Covered

Single one-family dwelling on a lot Units built after October 1, 1978 Non-profit units approved by LAHD Luxury Units approved by RSO Hotel & motel rooms, occupied less than 30

days Rental units in converted commercial

buildings (adaptive re-use projects w/1st rental use after 10/1/78)

(Full list in LAMC 151.02 “Rental Units”)

When Rent $ is Not Controlled:

Properties not subject to the RSO

“Vacancy Decontrol” Units Voluntarily Vacated

Initial Rentals Following Certain evictions Non-payment Lease violation Compliance with City Attorney order Failure to relocate

Condos * Still subject to rent registration and eviction controls Pre-1996 tenants protected by full rent control

Allowable Rent Increases(2 Kinds)

1) LAHD Approval Not Required

Vacancy Decontrol – set to market upon re-rental after voluntary vacancy

Annual Automatic Rent Increase 3% - 8% per RSO 3% as of 7/1/2008 Additional 1% each for gas & electric if

owner-paid Increases for additional tenants

10% for each additional tenant Does not include 1st minor dependent child

Allowable Rent Increases2)Need City Approval

Individual Adjustments Capital Improvements – improvements or

replacements in rental units or common areas

Primary Renovation – major upgrades/renovation

Just & Reasonable – Review based on landlord’s NOI

Approved through administrative review process, appealable to a Hearing Officer

Eviction Grounds Tenant at fault

Non-payment of rent Lease violation (but not for

unilateral change in terms)

Nuisance (garden variety, drugs & gangs*)

Illegal purpose* Failure to renew lease Denial of reasonable

access Unapproved subtenant Failure to relocate per

Tenant Habitability Plan*

No-fault Owner/manager

occupancy* Ellis (demo &

withdrawal)* Government

order* HUD foreclosure*

* Landlord declaration required

RSO & Changes in Ownership Sale or foreclosure is not a legal

reason for eviction! Also not a basis for a rent increase. A change in ownership does not

change the terms of the tenancy under the RSO.

Lender who forecloses assumes the role of the landlord.

Eviction Requirements

Eviction notice Reason given to tenant 60 days as of January 1, 2007 for tenancies

of at least 1 year (no-fault evictions) Extended notice for Ellis

120 days minimum Seniors/disabled up to 1 year

Landlord declarations Filed with LAHD

Relocation Requirements – Landlord Responsibilities

Landlord must provide relocation assistance in following evictions: RSO units

Owner occupancy Ellis eviction Compliance with government order HUD foreclosure Permanent relocation in approved Tenant

Habitability Plan Condo Conversions Demolitions Mobilehome park closures

New Relocation Amounts

As of July 1, 2008:

Type of Tenant

< than 3 years

3 years or > < than 80% AMI

ELIGIBLE $7,000 $9,300 $9,300

QUALIFIED $15,300 $17,600 $17,600

Relocation Process For RSO units, file Landlord Declaration of

Intent to Evict File with LAHD Relocation Contractor

Services Application Pay required LAHD Relocation Contractor

fees Pay required administrative fees to LAHD Pay relocation to tenants

LAMC 151.09.G (RSO) / LAMC 47.06 (Condo-Conversions) / LAMC 47.07 (Demolitions)

Relocation Contractor LAHD refers property to Relocation

Contractor (Paragon Partners) Paragon meets with tenants Based upon Tenant Assessment Form

completed by tenant, Paragon completes Relocation Determination Form. Copy provided to tenant, owner, LAHD.

Paragon provides tenants with counseling, referrals, listings, additional services for disabled and elderly.

Payment of Relocation Fee Payment required within 15 days of

serving 120 day notice (RSO) or 60 day notice (non-RSO) on tenants.

Or within 15 days of tenant’s request for relocation after Planning’s approval of tentative tract / parcel map.

May deposit relocation payments in escrow accounts instead (RAC Regulation 960.00)

If tenant claims higher relocation based on low income status, owner may request LAHD hearing if disputes basis.

Failure to Pay Relocation

Tenant may file a complaint with LAHD. LAHD will investigate, issue determination, refer non-compliance to City Attorney for prosecution.

Failure to pay correct relocation amount is also a defense to an eviction in Superior Court.

LAHD will not clear demolition permits until owner proves payment of relocation.

Ellis Act RestrictionsNew Construction

After Ellis eviction, if demolished RSO building is replaced w/newly constructed rental units, the new units are subject to the RSO if rented within 5 years of the filing of the Ellis Landlord Declaration with LAHD (LAMC 151.28)

The initial rent = unrestricted.

Ellis Act Restrictions- New Construction Exemptions

Exemption for rental units constructed after Ellis eviction (demolition): Owner does a one for one replacement of

each demolished RSO units with an affordable housing unit, capped at 20% of total number of newly constructed rental units.

Building of 4 units or less was owner occupied for 3 years prior to its demolition.

Restrictions on Re-Rental of Ellised Units

If unit re-rented unit within 2 years of removal from rental market (tenant’s surrender of premises), owner is liable to tenant for actual and exemplary damages. City may also sue him.

If re-rented within 5 years of filing of Ellis Dec, must be rented at old rent plus allowable RSO increases & tenant has right of 1st refusal if tenant requested.

$ Relocation Assistance

No-fault Owner/manager

occupancy* Ellis (demo &

withdrawal)* Government

order* HUD foreclosure* Permanent

Relocation per approved THP

Payment within 15 days of notice

Direct payment Escrow account

7/1/08 – 6/30/09 $9,300 or $17,600

seniors, disabled, families

$7,000 - $9,300 everybody else (per household)