[W\ CITY OF BEVERLY HILLS HUMAN SERVICES DIVISION MEMORANDUM TO: Human Relations Commission FROM:

Transcription

1 L CITY OF BEVERLY HILLS HUMAN SERVICES DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: ATTACHMENT: Humn Reltions Commission Jmes R. Ltt, L.C.S.W., Humn Services Administrtor My 17, 2018 Tennt Lndlord Rights nd Responsibilities Hndbook Tennt Lndlord Rights nd Responsibilities Hndbook j [W\ For informtion nd considertion. At the April 19, 2018 meeting, the Commission requested copy of the current Tennt Lndlord Rights nd Responsibilities (TLRR Hndbook (Attchment 1. Rent Stbiliztion stff hs plns to mke some generl updtes to the content of the TLRR Hndbook pertining to the Rent Stbiliztion Ordinnce in the ner future. When Rent Stbiliztion stff is updting the Hndbook, Humn Services stff recommends tht Bet Tzedek is dded to pge seven, under City Resources. 5/17/2018 HRC FY 18/19 Community Assistnce Grnt Fund

2 required by the Stte of Cliforni. to ech prospective tennt. This notice is in ddition to other disclosures Lndlords in Beverly Hills re required to provide this notice nd the Hndbook Rights & Responsibilities Hndbook Tennt Lndlord CITY OF BEVERLY HILLS HILLS ie i

3 1E (N Der Prospective Tennt nd Lndlord, Lndlords in the City of Beverly Hills re required to provide written notice to prospective tennts contining list of tennt nd lndlord rights (BHMC B. To fulfill this requirement, lndlords must provide this document to prospective tennts nd pge three (3 of the form must signed t lest twenty-four (24 hours prior to the execution of lese or rentl greement by the Tennt. However, distribution of this document does not imply, gurntee or substitute commitment for lese or rentl greement. If this notice is not provided, penlty in the mount of $500 my imposed by the City upon the lndlord (BHMC 4-6-5C. Not ll units re subject to the notice requirement. Lndlords re not required to provide the written notice for: 1 Buildings constructed fter 1978 where the tennt s initil rent ws less thn $600 per month (sometimes referred to s Chpter 5 tenncies. 2 Buildings with certificte of occupncy issued fter Februry 1, Prior to the lesing or renting of units in buildings not meeting the bove criteri, lndlords re required to comply with the notice requirement. The notice requirement is fulfilled when the signtures of the lndlord(s nd tennt(s re provided on pge three (3 of this form. Pper copies re vilble in City Hll (455 N. Rexford Drive from the offices of the Community Development Deprtment - Community Preservtion Division nd the Community Services Deprtment. It cn lso ccessed online t wwwverlyhiils.org/bhrent. Additionlly, lndlords my obtin copies t the Beverly Hills Librry or by clling Sincerely, City of Beverly Hills Rent Stbiliztion Progrm City of Beverly Hills 455 N. Rexford Drive Beverly Hills, Cliforni t ( BeverlyHills.org/BHrent 2

4 LANDLORD OR LANDLORD S AGENT To fully comply with the notice requirement of the Beverly Hills Municipl Code Section 4-6-5(B, Lndlords shll, for the durtion of the tenncy, retin this written documenttion nd written cknowledgment by the prospective Tennt(s tht this notice ws provided by the Lndlord. TENANT INFORMATION: (Print first nd lst nme I ffirm tht I m the Lndlord or the Lndlord s gent of the subject property, nd tht I provided copy of this informtion to the prospective Tennt in ccordnce with the requirements of Beverly Hills Municipl Code 4-6-5(B on the dte nd time low: (Dte t (Time AM PM By (Lndlord or Lndlord s Agent s Signture PARKING INFORMATION Plese provide relevnt prking informtion for the building nd nerby public streets in the spce low. For informtion on prking nd to obtin residentil prking permits, plese cll PROSPECTIVE TENANT (Print first nd lst nme I ffirm tht I m prospective Tennt with n ppliction to rent n prtment unit locted t: (Address (Aprtment numr I ffirm tht the Lndlord or Lndlord s Agent provided me with copy of the informtion set forth herein t lest twenty-four hours prior to my execution of lese or rentl greement for this prtment unit on the dte nd time low: (Dte t (Time AM PM By (Prospective Tennt s Signture Signing this document does not imply, gurntee or substitute commitment for lese or rentl greement. 3

5 NOTICE OF TENANT AND LANDLORD RIGHTS According to the Beverly Hills Municipl Code nd the Stte of Cliforni No Wiver of Municipl Code 1. The Lndlord to wive ny provision of the Beverly Hills Municipl Requirements (BHMC relting to rent increses. (BHMC 4-6-4A. Annul 2. The Lndlord increse the monthly rent only in consecutive twelve month period of the Rent Increse to not exceeding 3% of the current rent or the Consumer Price Index for the Los Angeles Are, whichever is greter.* (To compute the Consumer Price Index determine the llowble rent increse, visit wwwverlyhills.org/bhrentcpl The Tennt shll given rent increse, s required by Stte lw tbhmc 4-6-3C. Appliction to City for Additionl 3. Should lndlord lieve they receive fir just return from the on their investment Rent Increse with the nnul permitted increse, they my pply to the City for rent djustment. The lndlord must demonstrte to the City, using the net income principles set forth in BHMC B, tht they receive fir just return the permitted rent increse. the City receives ppliction for rent djustment from the Lndlord, the tennt will informed hering will scheduled fore hering officer. Rent Amount following 4. The unit my re-rented for mount greed to the lndlord prospective tennt, if the A Vcncy unit ws voluntrily vcted or if the prior Tennt ws evicted for of the following resons ( just-cuse evictions : Filure to rent (BHMC ; Brech of rentl (BHMC ; Mintennce of nuisnces (BHMC ; Illegl uses (BHMC ; Refusl to provide ccess (BHMC ; Unpproved subtennts (BHMC Utility Chrges 5. Under certin conditions, the Lndlord the Tennt monthly wter service refuse fee surchrge, in ddition to the monthly rent. (BHMC & No-Cuse 6. The Lndlord terminte for no reson (no-cuse termintion with either or Termintion of required Tenncy by Stte lw the Municipl Code; however, the unit my not rented to new tennt for rent exceeding the mount tht the evicted Tennt (BHMC To terminte the tenncy, the Lndlord lso must file copy of the written notice tht ws provided to the Tennt with the City of Beverly Hills Community Development Deprtment within (seven notice for no-cuse termintion I (Involuntry Termintion of Tenncy, they should contct Code Enforcement ( Reloction Fees 7 Code greement, ech nnul cnnot prtment nd Tennt my not enter my n mount my 60-dy written notice, py s nd cnnot ny greement tenncy n greement once operting under my chrge nd nd tween or ech clendr dys of providing the notice to the Tennt. If Tennt receives greter nd 30-dy written notice of property nd Once ny t nd hd pid n penlty nd 30-dy one week If Lndlord evicts Tennt for of the just-cuse resons (see #3, the Lndlord is not required to reloction fee. However, if Lndlord serves no-cuse termintion notice for other reson, for no specified reson, the Lndlord is required to the Tennt reloction fee. Reloction fees shll pid to tennts (see low the time he or she the unit. py or chrt one t py vctes ny UNIT TYPE RELOCATION FEE If TENANT IS A SENIOR CITIZEN (62+ YRS, DISABLED OR A MINOR Bchelor or Single $6,193 $8,193 One Bedroom $9,148 $1 1,148 Two or More Bedrooms $1 2,394 $1 4,394 Month-To-Month Tenncy 8. At the termintion of existing lese or rentl the Lndlord the Tennt to extend the or enter into new greement. If the existing is not extended, new is entered into by the Lndlord the Tennt, will gin so long the existing Tennt continues to live in the unit the Lndlord ccepts rent from the Tennt. A month-to-month terminted time if the Lndlord provides written notice to the Tennt in tenncy or n lese/rentl greement s tenncy my greement, lese/rentl ccordnce with stte lw. nd t ny nd greement cn gree month-to-month periodic nd 4 PROSPECTIVE TENANT INITIALS:

6 SUMMARY OF A TENANT S BASIC RIGHTS UNDER STATE LAW 9. In generl, security deposits re refundble nd must returned t the end of the tenncy (Cliforni Civil Code Section M. However, the Lndlord my retin portion (or ll of the security deposit if n outstnding rent mount ws due t time of vcncy, the vcted unit is left in dirty or dmged condition (other thn norml wer nd ter, or personl property of the Lndlord is missing from the vcted unit (Cliforni Civil Code Section B. Otherwise, the full mount must refunded to the Tennt within 21 dys fter the unit is vcted. Along with the refunded security deposit, the Lndlord must provide the Tennt n itemized sttement listing ny pplicble deductions nd the resons for those deductions from the security deposit (Cliforni Civil Code Section G. 10. The Lndlord cn enter rentl unit only under the following circumstnces: An emergency; When the Tennt hs moved out or hs bndoned the unit; To mke necessry or greed-upon repirs, decortions, ltertions, or improvements; To show the unit to prospective tennts, purchsers, contrctors, or lenders; To provide entry to contrctors or workers who re to perform work on the unit; To conduct n initil inspection fore the end of tenncy; Pursunt to court order; To inspect the instlltion of wterd when the instlltion hs en completed, nd periodiclly therefter to ssure tht the instlltion meets the requirements of stte lw nd the mnufcturer s specifictions (Cliforni Civil Code Section F. Unless the Tennt is present nd consents t the time of entry, the Lndlord must provide the Tennt written notice t lest twenty-four (24 hours fore entering the unit; except when the Tennt hs moved out of the unit, bndoned the unit, or during n emergency. To give written notice, the Lndlord must leve the notice t the unit with person of suitble ge nd discretion; or leve the notice on, ner, or under the Tennt s usul entry door in such wy tht it is likely to found; or mil the notice to the Tennt (Cliforni Civil Code Section Additionlly, the Lndlord cn enter the unit only during norml business hours (generlly, 8 m. to 5 p.m. weekdys. 11. Once during ech twelve (12 month period, Tennt my deduct n mount up to the totl monthly rent for repirs of defects in the unit (Cliforni Civil Code Section To qulify for this remedy, the defects must substndrd conditions ffecting the Tennt s helth nd sfety nd substntilly brech the implied wrrnty of hbitbility. Additionlly, the Tennt must not hve cused the defects requiring the repirs, must hve informed the Lndlord of the need for repirs, nd must hve lredy given the Lndlord resonble period of time to mke the repirs. cuse this remedy cn led to n eviction for filure to py rent, Tennts re dvised to consult with n ttorney prior to deducting ny mount from the required rent. Retlitory I.r. i i.r i. c i. 12. Ciiromi Stte iw (Ciiromi Civii Coe Section protects tennts rrom retlitory evictions, Eviction..i increses in rent or reductions of services within six months of the following: After the Tennt hs filed written or orl complint bout the condition of the rentl unit with the lndlord or to n pproprite public gency; After n inspection of the property by public gency fter receiving complint; After giving the Lndlord notice; After the Tennt hs filed lwsuit or commenced rbitrtion bsed on the condition of the unit or hs cused n pproprite public gency to inspect the unit or to issue cittion to the Lndlord (Cliforni Civil Code Section PROSPECtiVE TENANT INITIALS: 5

7 Occu Flie 14. The Beverly Hills Municipl Code (Article 43 of Chpter 3 of Title 10 Zoning llows certin home-bsed Deprtment t resonble time period the Tennt my report the violtion(s to the City s Community Preservtion such violtions should reported immeditely to the Lndlord. If the Lndlord fils to mke repirs within prtment units must free of ny structurl hzrds, fulty electricl wiring nd plumbing defects. Any sinks, hot nd cold running wter, functionl bthroom, nd n opertionl heting unit. Additionlly, ll 6 PROSPECTIVE TENANT INITIALS: See pge 7 for list of Community & City Resources. ble supplementry resources. lord support. While the power of n ttorney is required to formlly press legl chrges, low is list of vil This section contins informtion on City nd Community resources for conflict medition nd generl tennt-lnd ensure your rights s tennt nd/or lndlord re protected. Resources re vilble in the community nd through the City of Beverly Hills. Get the informtion you need to CONFLICT MEDIATION & RESOURCES resources. need to ensure your rights s tennt nd/or lndlord re protected. This section contins informtion 15. Resources re vilble in the community nd through the City of Beverly Hills. Get the informtion you tht is currently prohibited or requires Conditionl Use Permit s in Commercil Zone. For more detils, power of n ttorney is required to formlly press legl chrges, low is list of vilble supplementry by the Municipl Code. The following types of home occuptions re prohibited: utomotive repir, Prior to operting home-business, the opertor shll provide signed ffidvit of complince s required bility to engge in home occuption in n prtment unit s prt of the lese or rentl greement. issued by the City ny ctivity producing biohzrdous or medicl wste, mnufcturing, nd ny use - businesses under specified conditions, however, the Lndlord my prohibit or otherwise regulte Tennt s trnsient lodging, resturnts, rentl of residence for events, ny ctivity requiring regultory permit contct the Plnning Division t on City nd Community resources for conflict medition nd generl tennt-lndlord support. While the equipped with proper ventiltion, window screens, smoke detectors, crbon monoxide detectors, kitchen Housing & Helth Code Stndrds Conflict & Mehlion Resources 13. The Uniform Housing Code nd the Cliforni Helth nd Sfety Code require prtment units to

8 COMMUNITY RESOURCES nd services you need to ensure your rights s tennt nd/or lndlord re protected. your sitution nd dvise on pln for resolution. In support of tennts nd lndlords the Commission cn ssess Community Development Deprtment Humn Reltions Commission I Community Services Deprtment Min: Web: verlyhills.org/hrc Emil: humnservices@verlyhills.org Min: ( Web: verlyhills.org/prkingpermits Public Works Services Prking Permit Informtion Tennt Lndlord Forum Hotline: ( Web: verlyhills.org/bhrent Municipl Code Informtion CITY RESOURCES locl Los Angeles County Deprtment of Consumer Affirs (DCA Rent Stbiliztion informtion Rent Stbiliztion Web: Hrc-l.org Deprtment of Consumer Affirs Cliforni Tennts Hndbook. This invluble reference my CALIFORNIA TENANTS I LA County Deprtment of Consumer Affirs Housing Rights Center Min: f Counseling hotline: ( Sections, s well s for ll civil, lese-relted issues, plese refer to the Stte of Cliforni s viewed t the link low. The PDE booklet my downloded for future reference. Contct the Tennt/Lndlord Counseling nd Housing Rights Informtion plese cll ( t ( or visit shtml The City hs medition services vilble t no cost, if you re interested in medition services For ll issues not covered under the locl Beverly Hills Chpter 5 or 6 Rent Stbiliztion Code Medition Services RESOURCES FOR TENANTS AND LANDLORDS 7 Resources re vilble in the community nd through the City of Beverly Hills. Get the informtion

9 Beverly Hills, CA www. verlyhills.org/bhrent 455 N. Rexford Drive CITY OF BEVERLY HILLS 4. Rev. 10/9/2017 -J