1. Landlord Basics
Gain a basic understanding of the Rent Stabilization Ordinance, landlord rights and responsibilities.

2. WARNING
This presentation explains some of the basic provisions of the City of West Hollywood Rent Stabilization Ordinance and California landlord/tenant law.
It is not intended to act as a substitute for legal advice or for reading the law itself.

3. Is your property governed by the City’s Rent Stabilization Ordinance?

5. AGREEING TO RENT Rent Stabilized Units vs. Non-Rent Stabilized
Check for rent stabilization status
Disclosure obligation
Market rate rents

6. AGREEING TO RENT Initial Rent Application Lease Credit Check Fees
Holding Deposits
Lease
Rent amounts
How much?
To whom is the rent paid?
Method of payment
Electronic payments (not the only way)
Are the contracts that govern tenancies
--set the rent amount and its due date
--list the landlord’s & the tenant’s obligations and restrictions
--must include California disclosure requirements
--must have address where legal process can be served
--provisions renewed monthly when rent is paid/accepted
Are legally binding and enforceable
--tenant can be evicted for violations
--landlord must enforce when aware of the violation
--failure to act may result in ”tacit” amendment of the agreement
--no unilateral changes to terms by landlord allowed
--lease clauses that violate the law are not enforceable

7. AGREEING TO RENT Lease (continued) When is rent due?
Grace period
Late fees
Who can live in the unit?
Define guests
Define “Normal Business Hours”
Move-out Notices
< 30 days
Concurrent when rent is due

8. AGREEING TO RENT Lease (continued) Renter’s Insurance Subleases
No Smoking in Unit or Common Areas
RUBS- Ratio Utility Billing System
Water & Trash
Side Agreements
Examples that are legal
Examples that are illegal

9. AGREEING TO RENT Lease (continued) Security Deposit (CA Law §1954.
Maximum Amount
Pet Deposit
Last month’s rent
Security Deposit Interest
Keys for Unit
The law limits the total amount that the landlord can require you to pay as a security deposit. The total amount allowed as security depends on whether the rental unit is unfurnished or furnished and whether you have a waterbed.
Unfurnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of two months' rent. If you have a waterbed, the total amount allowed as security can be up to two and-a-half times the monthly rent.
Furnished rental unit: The total amount that the landlord requires as security cannot be more than the amount of three months' rent. If you have a waterbed, the total amount allowed as security can be up to three-and-a-half times the monthly rent.
Plus first month's rent: The landlord can require you to pay the first month's rent in addition to the security deposit.

11. Re-registration Requirement
AT THE START OF THE TENANCY
Re-registration Requirement
Failure to comply
Ineligible to implement the annual general adjustment
For tenancies where the increase was implemented illegally, the tenant is entitled to recover rent overcharges.
3 year limitation

12. IN PLACE TENANCY Maintenance Standards Housing Services
RSO Section
Housing Services
RSO Section (10) - definition
Requirements for:
Posting Emergency Telephone Numbers
Building with 5 or more Units
Resident Manager
Building with 16 or more Units
Posting of Hours of Business
Emergency Telephone Numbers

13. Landlord’s Right to Enter (CA Law § 1954.a)
IN PLACE TENANCY
Landlord’s Right to Enter (CA Law § 1954.a)
Reasons for entry
Noticing Requirements
Normal Business Hours
California law states that a landlord can enter a rental unit only for the following reasons: a) In an emergency. b) When the tenant has moved out or has abandoned the rental unit. c) To make necessary or agreed-upon repairs, decorations, alterations, or other improvements. d) To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy. e) If a court order permits the landlord to enter. f) If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.
The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. However, advance written notice is not required under any of the following circumstances: 1.) To respond to an emergency. 2) The tenant has moved out or has abandoned the rental unit. 3) The tenant is present and consents to the entry at the time of entry. 4) The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.
The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may: 1) Personally deliver the notice to the tenant; or 2) Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant's household); or 3) Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found; or
40 Mail the notice to the tenant.
The law considers 24 hours' advance written notice to be reasonable in most situations. If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations. The tenant can consent to shorter notice and to entry at times other than during normal business hours.

14. Annual Registration Fee
IN PLACE TENANCY
Annual Registration Fee
History of Increases
In 1984 at the inception of the City, the Rent Stabilization Ordinance law included a $48/ unit charge that was paid entirely by the tenants (prorated for 12 months at $4 a month). This fee was to cover salaries and the Department’s expenses.
In 1989, the amount doubled. The tenants continued to pay $48 (50%) and the landlords were responsible for the other 50%. We were the first jurisdiction to split 50/50 with the tenants.
In 1993, another fee increase was recommended. The City really wanted the increase go up to $120 but didn’t want to do it in one lump sum. Instead they broke it into two phases. As a result, in 1993 the fee increased to $108 /unit and a year later to $120/unit. Units with Section 8 tenancies were charged $60 per unit. No pass-through was allowed to these tenancies.
For more than 20 years the registration fee remained at $120/unit. On June 6, 2016, the City Council approved an ordinance to increase the fee as a result of the recommendations stipulated in a “Cost of Service Study” that was completed in Although the study determined that the full cost to administer the Rent Stabilization program would require the fees to be raised to $221/unit, the Council agreed to staff’s recommendation to increase the fee to $144 effective July 1, 2017.
The tenants will still be responsible for 50% of the fee at a prorated of $6/ month for 12 months. Units occupied by Section 8 tenants will continue to be charged $60/unit and no pass-through is allowed for these tenants. In the future, the rent registration fee will continue to be reviewed and when appropriate adjustment s will be recommended every 4 years.

17. Increase per Unit IN PLACE TENANCY Effective 7/1/17 - $144
Pass-through to tenants
Exemptions
Section 8 Units
Owner/Relative Occupancy

18. Code Compliance IN PLACE TENANCY Maintenance Standards
Zoning Code Section
Required Repairs
Notice of Violation
Temporary Repossession of Unit
Citations/Court Cases

19. IN PLACE TENANCY Code Compliance Short Term Rentals
Please call the Code Compliance Division at (323) for more information or to file a complaint.

20. Hearings Process IN PLACE TENANCY Types of Hearings MAR
Rent Overcharges
Non-compliance to Maintenance Standards
Reduction in Housing Services
Appeals to the Rent Stabilization Commission

21. AT VACANCY Security Deposit Refund [CA Law 1950.5(a)]
Voluntary inspection before move-out.
What can be deducted?
Establishing a refund amount
Required Itemized list of deductions
Refund deadline
Small Claims Court
California law specifically allows the landlord to use a tenant's security deposit for four purposes: 1. For unpaid rent; 2. For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in; 3. For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
4. If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.
A landlord can withhold from the security deposit only those amounts that are reasonably necessary for these purposes. The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when you moved in. A rental agreement or lease can never state that a security deposit is "nonrefundable."
21 calendar days or less after you move, your landlord must either: Send a full refund of your security deposit, or Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.
The landlord also must send copies of receipts for the charges that the landlord incurred to repair or clean the rental unit and that the landlord deducted from your security deposit. The landlord must include the receipts with the itemized statement.

22. Questions?