SR-9-C (9)
" ~ Ufj-lc t:~ ~y~/ ~ BP>--{ (-'; )~J~~Jf\L lW~41 ~ If-c'
u~~~k _ ~ M ~~ nil , .1 'Vw ~eJ
Thllll C1 ty ~t LOI ^n.,.l~e hi'" t.an 8av.rd:.f l~;Il.;tad 1;:Iy the
&.G ..rthquake whieh ocourr.~ e.~ly en the rn~=nI~~ ot Januaty 17. i
1994. ^ LOCRl Em.rQtncy has ?sen b..n d,cl.r~d by the Mayor to
ap..d local r.cover~ efforts followinq this di36tter.
_.... 1111 M~ h,?lt\eli and &12l.rtmento ;.rere ;1eatroyed er 10 ,.&v.rely
'dltftlq. tr\lQt'~r~11y in the earth'iv.ak, '~h.y :rai' .::' ~-Jr~iet. b. 'Jr.
to occupy. 'ft.! iii aestruction has reeu~ ted h~ th", d1 ep.f.;Of,1ont of
t,nl of thou"and. of are. ree identl". 1 no 1....:11 n; fl'.8.ny vho h6.V&
tompot'al'ily Cimpc:! out of doorR 11":. C1 ty p~r;.c.-~ ~t ot)"l.r open
epaa..
01.pl.e.~.~t d~. to th! aarthqu~~' car en~J be .x~c~rblted
by evictiond which are p.rmi tt.1 und-!r the Rent St"b111~"~:lon
Ordinanc.. TItt City Counel1 rA~canized th1a ~hen i~ .dopt~d 1tb
i'o11cy on D1eaet.er PrepAration An~ Recoverl or. ..~,;ly 24-J 19i~,
notinq that trneritncy conditions co~la re~~r~ tne t,MPorAry
invoca.tion of mllOl,.lr68 whioh limit thit ~Vj,~t.,iona ~.rm1tted under
Loe ^ngelel ~uh1c1pal COQ9 (LAMe) Seet10n 151.09 A.
I THEI\EEOP.t MeV! that the City Council ine.truc:t the ;ity
Attorney t~ l"rQpa~'. and prseeHt an ord1 nanr:f! s\..!apen~1119 t1vie t ion.
, under Segt10n 151.09 A ? through 151,09 A 10 af the L~C for a
p.~1od ot '5 day..
. I
I FURTHER MOVE thlt the C1ty Attorney bo ;r.atruQted to in. .
Gludo 1fi the above ordInance th. 9uspens!on of &viotlono undtr
LAMe Btciion 151.09 A 2 tor a p8r~od of t> day., ~h.r. tho oon~l-
t1~n 1. telat.d to ooc~p~ncy by addit10nftl p're~n& al_pi.cod by
the January 17, 1994, ea.thqu~ke.
I FURTHER MOV! that the Houein9 t'>epartm~nt b., 1n.tt.J~t;ed to
lend a letter to landlords who may be iubj.ct to $eetien 151,O~ A
requeltinq C,rbearance for nonpayment of rent d~. to th. lQR' ot
job or wa~.. ae a result ot the January 17 e~rthquakei tha~ the
atpartmant act ",he!.". t...ible tfJ ~.rovid9 br1cti'tl: LOllne to tho..
tenant. who m.y qua11ty for fed~r$l d1$~eter a..~,t.n~', and that
the dopartmant report back to thQ C1tr Ce~n~il ~ri~t to th, OQn-
elu..ion of the tS-d.y por.tod r..qard nt;/ eOl1tj T1u1 nq problem8 of
tenant d1.pl.~.m.ntl
I fURTHER MOV~ that purauant to Rul. 23 ot thl ~ulee cf thA
city Council. 88 author1eGd. by Governr.-.tnt Code Section
549S4.2(b)(2). the det.tMlnat1on bo made by ~t l.a~t I twO-third.
vote ot all memb.rB thAt the n..d for th1e action Aro.. .ltor
poat1n9 of today', aqend..
I
Pln.e/"'~
~~OP~~ PRESENrED B
, '* R~ J1rn.~1lif/ · /? / ~
,I'.j LOS ANGELES CITY CPUNClL S~COl\'PED B,{&~(.-t
~ 6tt m tJ tl fX- frl1,t:jc 1&1 Pott.lt" bfan~ I~ ,\I a~'m'lUj memo 1S1'11' t4 ~ .. ;2.... _ J
'7\ b4!'..~ Ih~&,);~~ l'''M~ ~~ I
~4J aiel t:h1<<JI!/Jtd ~'.::J l~---.n ~___ I~_ ilfliT/i... (J J
----- - ---........... -~ - -- - - .
t TAFE~7 ~lC ~~J-6~;~
~ ;.. "".:rn :::~}3
35
D. The Commission may promulgate regulatlons extending the
amort~zation period for rent adjustoents gran~ed by the
Department pursuant to Section 151.07A of this Chapter,
where the capital improvement and/or rehabili~ation worr has
been funded or subsidiled through a federal, state or City
housing program. (Added by or~. No. 156,597, Err. 5/20/82,
oper. 5/15/82.)
E. The Commi5sion shall promulgate regulatio~s to deter~lne
the appropriate maximum adjusted rent on a rental unlt ~hen
the tenant of a rental unit was, but no longer is, the
resident manager, and when a rental ~nit, formerly occupied
by a resident manager, is offered for rent to another
person. (Added by Ord. No. 156,597, Eff. 5/20/82, Oper.
5/15/82.)
SEC. 151.0lJ. EVICTIONS.
(Enacted ~y Qr4. No. 152,120, Eff. 4/21/79, Opar.
5/1/79; Amended by Ord. No. 15.,237, ert. 8/30/80,
oper. 9/1/80; Amended by Or~. No. 164, 695, Eff.
4/10/89, Opar. 5/10/89; Amended by Ord. No. HiS, 251,
Eft. 11/20/89.)
1\. A landlord ~ay bring an action to recover possession of
a rental unit only upon one of the followlng grounds:
l. {Default or Rent} The tenant has falled to pay the
rent to which the landlord is entitled, including
amounts due under Subsection D of Section 151.05.
(Amended by OrIS. NO. 154,231, Eft 8/30/80, Oper 9/1/80,
addinq phrase related to Sec. 151.05 D, which applies
to one time only recoupment of $4 registration tee in
April 1981.)
2. {Breach of Le...} The tenant has v~olated a lawful
obligation or covenant of the tenancy, other than the
obligation to surrender possesslon upon proper notlce,
and has failed to cure such vlolatlon after having
received written notice thereof fro~ the landlord.
a. The obligat1on to surrender possession upon
proper notice t or Y
b. The obligation to limit occup~r.cy, provided
that the additional tenant who joins the occupants of
the unit thereby exceeding the limits on occupancy set
forth in the rental agreement is either the first or
second dependent child to join the existing tenancy of
a tenant of record or the sole additional adult tenant.
for the purpo5es of this section, mult~ple births shall
be considered as one Chlld. The landlord, however, has
the right to approve or disapprove the prospective
additional tenant, who is not a minor dependent child,
provided that the approval is not unreasonably
withheld. (Amended by Ord. No. 166/373, Eff. 12/8/90) .
.
" F>- :n' --==E- ~:~ 4~~-~~~~
- -
36
:3. {Nuisance} The tenont 15 co~~itting or perm~tting
to exist a nuisance in or is causl~g darr.age te, the
rental unit or to the appurt~nances t4ereof, or to the
common areas of the cCl"iplex conta ir.:ng tr.e renta ~ unit,
or is creat!ng an unreasonable 1nterference wlth the
comfort, safety, or enjol~ent ot any of the other
residents of the same or any adjacent bHilding.
The term "nuisance" as used .In thl.s sUbdIvision
IncludesJ but is not limited to, any documented
activity commonly ~ssOClated with ~llegal drug deallng
such as complaints of noise, steady traffic day ard
night to a particular unit, barricaded unlts or
sighting of weaponsl brought to the attentlon of the
landlord by other tenants, persons w~th~n the
com...'"luni ty, or law enforcement agenc:es. (A~de~ by Or!!.,
No. 164,495, Bft. 4/1/89.)
4 . {Illegal Purpose} The tenant 19 us~ng or
permitting a rental unit to be used fer any lllegal
purpose. The term Ul11egal purposelt as uszd in this
subdivision includes, but 15 not lirited to, the
co~viction of a tenant or tenants of possession for
sale of illegal drugs from the rental unlt. (Amended by
ord. No. 164,495, Eff. 4/1/89.)
5. The tenant, who had a wr~tten lease or rental
agreement which terminated on or after the effective
date of this Chapter, has refusedl after wrltten
request or demand by the landlord to execute a wrltten
extension or renewal thereof for d further term of llke
duration with similar provlsions and in such terms as
are not inconsistent w~th or violative of any prov~Slon
of thl.s Chapter or any other provlslon of law.
6. The tenant has refused the landlo~d reasonable
access to the unit tor the purpose of mak1n9 repairs or
improvements, or for the purpose of inspection as
permltted or required by the lease or by law, or for
the purpose of showing the rental unlt to any
prospectlve purchaser or mortgagee.
7. The person in possession of the rental unlt at the
end of a lease term is a subtenant not approved by the
landlord.
S. {Self occupanoy} The landlord seeks in good faith
to recover possession of the rental unit for use and
occupancy by:
a. the. landlord, or the landlord's spouse,
children, or parents, provlded the landlord is a
natural person. However, a landlord may use this
ground to recover possesslon for use and occupancy by
the landlord, landlord's spouse, ch~ld or parent only
once for that person in each ~ental conplex of the
landlord; or,
1 .
"1-
... I
b. a resident ~anagar, provided that: no
alternative vacant unit ~s available for occupancy by a
resident manager; except that where a bUilding has an
existing resident manager, the owner ~ay only evict ~he
existing resident manager in ord~r to replace him/her
wlth a new manager. (Amen4ed by Ord. No. 156,597, Ef t:.
5/20/62, Oper. 5/15/82, ~81eting qrandparent$,
qrandchildren, brotber, sister, and various in-lAws
trom eliqible relatives; Moratorium during Olympic
qames by Ord No. lS8,S4.S, Eff. 1/13/84, oper~ 5/1184 -
8/31/84; Amended by Or4. No. 160,791, Eft. 2/10/86,
restrictinq frequency of use. Amende4 by ord. No.
166,130, Eft. 9/17/90.)
9. {Major Rehabilitation or Demolition} The la~dl~rd
seeks in good faith to recover possession so as to:
a. demolish the rental unit; or
b. perform other work on the buildlng or
bUildings houslng the rental unit or unlts; and
(1) such work costs not less than the product
of $10,000 times the number of rental units
upon which such work 1$ performed; and
(2} the primary work costs not less than the
product of $9,000 times the nutt.ber of rental
units upon which such work is performed; a~d
(3) the primary work necess~ta~e~ the
eviction of the tenant because such ~ork Wl::
render the unit unlnhabitable for a perlod of
not less than forty-flve (45) days, ex:::ept
that if the landlord seeks to recover
possession for the purpose of converting the
un~t into a condominium, cooperdtlve or
cow~unity apartr.ent the landlord ~ust have
complied with the notice requirements of
Government code Sectlon 66247.1.
(Amended by ord. No. 154,237, Eft. 8/30/80, per.9/1/BO,
chanqinq stand:ard from "perform other work
necessitatinv the removal of the rental un~t from
rental housing useH to U$SOOO/25 day necesslty~
stan~ard; Amended ~y Ord. No. 156,5~7; Eft. 5/20/82,
opar. 5/15/82, ehanqinq standard to $10,000/25 days;
Amended by Or4. No. 161,916, Eft. 2/26/81, exempte~
seismic work as allowable cost; Amended by ord. NO.
162,743, Eft. 9/24/87, repealing seismic ~ork exemption
&8 allowable cost: Amen~od by Or4. No. 165,251, Eft.
11/20/89.) C*see srATEHtNT OF INTENTi Eft. 9/24/87.)
(MORATORIA: Morator1um during Olympic qames by or~. No.
158,544, Eff. 1/13/84, oper S/1/84 - 8/31/84; Moratorium
banninq seismic ~ork evictions by Or~. NO. 161,900, Eff.
2/15/87, Oper. 11/20/8G - 8/15/87: Moratorium on
r8ba~ilitation work evictions by orO. No. 162,742, Eff.
'/24.'81, Opere 8/4/87 - 3}21/88; Extension of Drd. No.
162,742,throuqb 4/30/88, by Ord. No. 1.153,381. Eft. 4/8/88.)
..
,..
38
--------~--------.-------~------------~----------------
PROHIBITION. Notwlths~andlng any provision of the :0$
Angeles Munlcipal Code to the contr~ri, tor the perlod
cOln1llencing wlth the eftectlve date of thIs Ord.lnance
and continuing up to and including July 31, 1989, or
until new standards for maJor rehabilitatIon evict~ons
are adopted by the City council and b~come effectIve,
whichever occurs first:
The ground for eVlction described in Lcs A~geles
Municipal Code section 151.09 A9 shall be suspended and
shall not apply to any rental unlt. This limltat.ion
shall apply only to an eviction for rehabilltatlon work
in which such eVlcticn proceedlng has not ye~ been
reduced to final judgment or. August ~, 1987. Th.ls
limltation shall not apply to evictions for purpo~es
for demolition. (Added by ord. No. J,S2,'42, Eft.
9/24/87; Extended ~o ~pril 30, 1988, by or4. No.
163,381, Eft. 4./8/88; Extended to June 30, 1988, by
Or4. No. 163,"79, Eft. S/B/a9; Extended to July 1, 1989
by ord. No. 164,206.)
~~---_____~.~___________________~___--_~_____________w_
[MORATORIUM. Notwithstandlng any provis~on of the ~os
Angeles Municipal Code to the contrary, the grounds for
eviction cescribed in Los Angeles Munlclpal Code
sections 151.09 A9 shall be suspended and shall not
apply to any rental unit; (1) if it is located in a
bU11ding wh~ch has been 1ssued an Earthquake Hazard
Reduction Compllance Order by the Department of
Building and Safety; and ( 2) if the reas~r. stated in
the declaratlon form filed with the O~partment under
Section 151.09G for the ev~ction 19 to perforo major
rehabilitation work, ~h~ch work includes seismlc safety
work done in order to comply with sald order.
This limitation shall be In effect for a period of s~x
(6) months from the effect~ve date of this Ordlnance.
However, the limitation set forth in this Ordinance
shall not apply to ev~ctions for which a Major
Rehabilitation or Demolition Oeclarat~on was filed with
the Department on or before November 19, 1986.
If an action has not been reduced to final judgment on
or before the effective date of this Ordinance, then a
tenant nay raise this Ordlnance as an aff1rroat~ve
defense to any action filed by a landlord to recover
possesslon of a rental unit. (Added by Ord. No.
161,900, Eft. 1/13/87.)]
(Current Moratorium) PROHIBITION. Notwithstanding any
provision of the Los Angeles Municlpal Code to the
contrary, for a period of 180 days from the effective
date of this Ordinance or until the City councll adopts
new standards for maJor rehabilitat~on eVlctions based
on a report by the Communlty Development Depar~ment
evaluating the costs of major rehabilitation and
~
39
substantial renovation of a rental unitl whichever
occurs first:
The ground for eVlction described in Los Angeles
Municipal Code Section 151.09 A9 shall be suspended and
shall not apply to any rental unit. ThIS llmitation
shall only apply to eVIctions for rehab111tatiorl work
where any eviction proceeding has not yet been reduced
to final judgment of August 4, 1987. Th~s limltation
shall not apply to evictions for purposes of
demolitions. (Added by Ord. No. 162,742, Eft.
9/23/87.})
10. {Permaneht Romoval} The landlord seeks In gQod
faith to recover possession in order to remove the
rental unit permanently from rental houslng use.
11. The landlord seeks in good fa~th to recover
possession of the rental unit in order to comply with a
governmental agency's order to vacate the building
housing the rental unit as a result of a violat~on of
the Los Angeles Municipal Code or any other provislon
of Law. (Ad4ed by Or. No. 164,68$, Eft. 5/11/89.)
B. If the dominant intent of the landlord 1n seeking to
recover possession of a rental unit is retaliatlon against
the tenant for exercisinq his or her rights under this
Chapter or because of his or her conplaint to an appropriate
agency as to the tenantability of a rental unit, and lf the
tenant is not in default as to the payment cf rent, then the
landlord ~ay not recover possession of a rental unlt ln any
action or proceeding or cause the tenant to quit
involuntarily. (Amended by Ord. NO. 161,865, Eft. 1/19/87,
a4dinq tenantability complaint olause.)
C. (Amended by Or4. No. 1$4,237, Eft. 8/30/80, oper.
9/1/80; Amended by Ord. No. 156,5i7, Eft. 5{20/82, oper.
5/15/82; Am.n~84 by Ord. No. 165, 251, Elt. 11/20/89.)
Prior to or at the same time as the written notice of
termination described in Civil Code Sectlon 1946, or the
three days' notice described In Code of civil Procedure
Sections 1161 and 1161a, is served on the tenant of a rental
unlt:
1. The landlord shall serve on the tenant a written
notice setting forth the reasons for the termlnatlon
with specific facts to permit a determination of the
datal place, witnesses and circumstances con~erning the
reason. ThlS notice shall be given in the manner
prescribed by Code of Civil Procedure Section 1162.
2. When the termination of tenancy is based on the
ground set forth in Subdlvision B of Subsection A of
this Section, then the landlord shall tlle with the
Department a declaration on a form and 1n the number
prescribed by the Department stating the name of the
family member to be moved ~nto the rental unit,