How rent control &
tenant rules affect you
Whether you are renting out your property to a tenant or are a renter, you can find resources on what the rent increase process is like, pass-throughs and surcharges, security and move-in transactions, legal assistance, and vacancy and eviction issues.
Resources
Enforcement Agency:
Rent Stabilization & Housing Division
RSD@weho.org
(323) 848-6450
Section 8 Assistance:
Los Angeles County Development Authority (LACDA)
Public_Liason@lacda.org
(626) 262-4510
County
Resources:
LA County Consumer Business Affairs
rent@dcba.lacounty.gov
(833) 223-7368
Rent Control
| Any Rent Cap? | Yes, if the CPI is calculated at more than 4%, the rent increase will be capped at 3%. |
|---|---|
| Current Maximum Rent Increase? |
17.36.020 Currently: 3% |
| Rent Increase Process |
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| Rent Adjustments | Landlords can apply for a rent increase if their net operating income has not kept up with 60% of the CPI increase since 1983. When applying, they can factor in both past and planned capital expenditures that reduce their income. If approved, the Maximum Allowable Rent (MAR) can be increased, but mortgage or debt payments cannot be included in the request. |
Pass-Through Fees
| Pass-through and Surcharge definition |
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|---|---|
| Registration Fee Pass-through | Landlords may pass half of the registration fee to tenants, divided into 12 equal monthly portions. |
| Capital Improvements Pass through | The RSO does not contain a section discussing a pass-through for Capital Improvements. |
| Utility Cost Pass through |
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| Expenditure Mandate Pass-through | The RSO does not contain a section discussing pass-through for expenditure mandates. |
| Additional Tenant Pass-through | A landlord shall not charge any rent above the maximum allowable rent if a new tenant is added to the unit. |
| Water service Penalty Pass-through | The RSO does not contain a section discussing a pass-through for water service penalties. |
| Refuse Fee Pass-through | The RSO does not contain a section discussing a pass-through for refuse fees. |
| Government Mandates Pass-through | The RSO does not contain a section discussing a pass-through for Government Mandates. |
| Rehabilitation Work Pass-through | The RSO does not contain a section discussing pass-through for Rehabilitation Work. |
| Primary Renovation Pass-through | The RSO does not contain a section discussing a pass-through for primary renovation fees. |
| Relocation Assistance Pass-through | The RSO does not contain a section discussing a pass-through for Relocation Assistance. |
| Application Fee Pass-through | A landlord may charge for an application fee that will cover the screening fee. |
| Replacement Key or security Card Fee Pass-through | A replacement fee can be charged for key or security cards. The fee cannot exceed the actual replacement cost without the prior approval of the Commission. |
| Systematic Code Enforcement Fee | The RSO does not contain a section discussing a pass-through for Systematic Code Enforcement Fees. |
| Smoke detector fee | The RSO does not contain a section discussing a pass-through for smoke detectors. |
| Bounced check Fee Pass-through | No landlord shall charge a tenant a fee for a bounced check which exceeds the fee charged by the bank for the return of the check. |
| Late Fee | Fees for late payment of rent cannot exceed 1% of the monthly rent due, which is 5 or more days overdue. |
| Seismic Retrofit | In October 2018, the West Hollywood City Council unanimously voted against allowing landlords to pass any portion of mandatory seismic retrofit costs onto tenants. |
| Additional Pass-through details | There are no other additional Pass-through details mentioned in the RSO. |
Registration
| Registration | Landlords must register their units before July 1. |
|---|---|
| Security Deposits at transaction |
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| Tenant move-In at transaction? |
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| Shared Legal Assistance for all Tenants? | While there are no universally shared tenant legal assistance programs across all jurisdictions, many cities and the county participate in collaborative efforts like Stay Housed LA, which offers legal services for tenants facing eviction or housing disputes. |
| Does the City pay for legal assistance for tenants? | No, it does not, the city funds tenant counseling and offers referrals to nonprofit legal aid groups specializing in housing issues. Tenants may also access resources through the Rent Stabilization and Housing Division. |
| Relocation Assistance | Relocation assistance is mandatory for no-fault evictions, with amounts determined by unit size and tenant status (e.g., senior or disabled tenants). |
Eviction
| Vacancy Decontrol? | Yes, allows landlords to set a new, market-rate rent for a unit once it becomes vacant, after which the unit falls under rent stabilization regulations for any subsequent rent increases. |
|---|---|
| Costa Hawkins |
Passed in 1995, the Costa-Hawkins Rental Housing Act was created to limit how far California cities can extend rent control policies by doing the following:
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| Just Cause eviction |
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| Failure To Pay Rent | Nonpayment of rent. |
| Violations Of Obligations | The tenant has failed to meet his obligations even after receiving a written notice. |
| Maintenance Of Nuisances | The tenant is causing a nuisance or damage to the rental property |
| Illegal Uses | The tenant is using or permitting the rental unit to be used for an illegal purpose. |
| Refusal To Execute Leases | The tenant in the dwelling unit is refusing to renew their lease while still not vacating the unit. |
| Refusal To Provide Access for Making Repairs | The tenant refuses to give the landlord access to the unit to perform repairs. |
| Unapproved Subtenants | The person in possession of the unit is a subtenant not approved by the landlord. |
| Use By Landlords |
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| Change Of Building Managers | The Ordinance does not have any provision involving a change in building managers. |
| Demolition | A tenant in a unit planned for demolition for affordable housing can stay up to two years, with a possible one-year extension, and must be informed of the plan or get relocation fees. |
| Condominium/Hotel Conversions | The Ordinance does not have any provision covering condominium conversion. |
| Affordable Housing | The Ordinance does not have any provision covering affordable housing conversion. |
| (Ellis Act) |
Under state law, landlords may withdraw units from the rental market:
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| Withdrawal from The Rental Market | The landlord in good faith, in accordance with the Ellis act, plans to remove the unit from the market. Must file with the rent stabilization division. Relocation fees required. |
| Disruptive Tenant | The Ordinance does not have any provision covering landlord refusal. |
| Income Limits | The tenant’s income has exceeded the maximum limit for inclusionary housing. |
| Employee termination |
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| Renovation Work | The landlord must perform necessary renovations to meet city standards. |
| Refused by landlord | The Ordinance does not have any provision covering landlord refusal. |
| Government order | The ordinance does not cover the following topic, please follow the county instructions. |
| Additional Tenant | If the original tenant leaves, an additional person living in the unit won't be protected from eviction unless they lived there with the tenant for at least a year and the tenant has died or become incapacitated. |
| Temporary Absence | The landlord has left the unit for a specified amount of time and has leased it to a tenant temporarily. The agreement must be in writing, and the landlord must notify the tenant at least 60 days in advance of their return. If the landlord cannot return on time for business reasons, they can extend the absence with a 30-day written notice. |
| Foreclosure | The landlord has taken the unit under foreclosure. |
| Medical | A landlord who needs a larger unit or specific amenities for medical reasons. |
| Approved Relocation Application | The ordinance does not cover the following topic, please follow the county instructions. |
| Additional Eviction Information | There are no additional eviction information in the Rent Stabilization Ordinance. |
| Shared Unlawful Detainer |
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