CITY OF LOS ANGELES HOUSING + COMMUNITY INVESTMENT DEPARTMENT RENT STABILIZATION DIVISION RENT ADJUSTMENT COMMISSION (RAC) AGENDA

Transcription

1 CITY OF LOS ANGELES HOUSING + COMMUNITY INVESTMENT DEPARTMENT RENT STABILIZATION DIVISION RENT ADJUSTMENT COMMISSION (RAC) AGENDA Thursday, November 3, :00 P.M. Garland Office Hearing Room 1200 West 7th Street 1st Floor Los Angeles, CA Note: Please see security desk upon entering the building. COMMISSIONERS Sam E. Lucas, Chairperson Carole Brogdon, Vice Chairperson Leonora Gershman Pitts Paula Leftwich Jane Paul Dash Stolarz Ernesto G. Hidalgo Rushmore D. Cervantes, General Manager Anna Ortega, Director Rent Stabilization Susan Gosden, Senior Management Analyst II I. COMMISSION BUSINESS A. Call to Order, Roll Call, Establish Quorum B. HCIDLA Report C. RAC Chairperson s Report D. Internal Review Committee (IRC) Chairperson s Report E. Informational Material II. HEARINGS REPORT Review of the Hearings Section appeals workload III. APPOINTMENT OF MOBILEHOME PARK TASK FORCE MEMBER A. Consideration of Letter of Interest for Appointment to the MHPTF B. Motion to Appoint Tom Carpenter to the MHPTF

2 IV. RAC DISCUSSION OF NEW BUSINESS AND REQUESTS TO SCHEDULE ITEMS Opportunity for Commissioners to identify topics of interest within the subject matter of the Commission and to request the scheduling of that item on future agendas of the Commission. Maximum discussion is five minutes per topic. V. PUBLIC COMMENT PERIOD ON NON-AGENDA ITEMS WITHIN THE JURISDICTION OF THE RAC Opportunity for the public to address the Commissioners to identify topics of interest. VI. FUTURE MEETINGS (tentative) RAC: November 17, 2016 December 1, 2016 December 15, 2016 IRC: November 10, 2016 APPEALS BOARD I. CONSENT CALENDAR: HCIDLA RECOMMENDATION TO DENY SPECIFIC NOTICE OF APPEAL FOR PROCEDURAL DEFICIENCIES The Rent Adjustment Commission will review and determine whether the following appeals should be denied based on the HCIDLA s recommendation that these appeals have procedural deficiencies: A. UNTIMELY APPEAL Denial of the Notice of Appeal is recommended as the notice of Appeal was not timely appealed for this case number: Beverly Blvd., Los Angeles, CA B. CITY ATTORNEY REFERRAL The General Manager s decision was referral to the City Attorney; therefore, denial of the application for appeal is recommended as the Rent Adjustment Commission (RAC) Appeals Board (AB) does not have the jurisdictional authority to hear or act upon the subject of the appeal for case numbers: N. Broadway, Los Angeles, CA N. Robinson St., Los Angeles, CA W. Saticoy St., Los Angeles, CA S. Crocker St., Los Angeles, CA N. Rushmore, Los Angeles, CA 90004

3 II. APPEALS OF GENERAL MANAGER S HEARING DECISION The Rent Adjustment Commission (RAC) will convene as the Appeals Board to consider and make determinations regarding appeals of the General Manager s decisions for the following cases: A. Property Address: 2927 W. 11 th St., Los Angeles, CA Type of Case: Code and REAP (Combo) Case Number: CCRIS Appellant: Jessie White General Manager s Hearing Date: September 7, 2016 General Manager s Hearing Decision Date: September 15, 2016 The appellant filed an appeal of the General Manager s Hearing Officer s decision to accept the building or unit into the Rent Escrow Account Program (REAP) and the corresponding rent reduction. B. Property Address: 1431 S. Holt Ave., Los Angeles, CA Type of Case: Code and REAP (Combo) Case Number: CCRIS Appellant: Mark Reed General Manager s Hearing Date: August 25, 2016 General Manager s Hearing Decision Date: September 19, 2016 The appellant filed an appeal of the General Manager s Hearing Officer s decision to accept the building or unit into the Rent Escrow Account Program (REAP) and the corresponding rent reduction. C. Property Address: 1113 E. 102 nd St., Los Angeles, CA Type of Case: Tenant Relocation Inspection Program (TRIP) APN Number: Appellant: Elda Carias General Manager s Hearing Date: August 26, 2016 General Manager s Hearing Decision Date: September 20, 2016 The appellant filed an appeal of the General Manager s Hearing Officer s decision to affirm the department s Order to Pay Relocation Benefits to the displaced tenant and any applicable penalties, costs and fees.

4 III. AB ADJOURNMENT Person(s) wishing to speak during consideration of a specific item must complete a Speaker Card form and submit it to a Department staff person. In accordance with the RAC s Working Rules, for any item listed on the agenda, any individual or representative of any group may address the RAC prior to any action being taken by the RAC on that specific agenda item. Comments will be limited to three minutes per speaker, and there shall be a cumulative total of up to twelve minutes allowed per agenda item unless a time extension is allowed by the RAC. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and upon request, will provide reasonable accommodation to ensure access to its programs, services and activities. Sign language interpreters, assisted listening devices, language translators or other auxiliary aids and/or services may be provided upon request. To ensure availability, requests need to be called in to the Hearing Section or RAC Support Section at least three working days before the meeting. Please contact the Hearing Section at (213) or RAC Support at (213) The TDD telephone number for public information is (213) Mail all RAC correspondence to: Rent Adjustment Commission, 1200 W. 7th St, Suite 100, Los Angeles, CA For other questions or comments regarding specific appeals, hearings, or case scheduling please contact Hearing Section at (213) For general questions regarding Rent Stabilization, Code Enforcement, or SCEP please call (866) 557-RENT (7368) or (213) If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing in this agenda, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. The time in which a party may seek judicial review of this determination is governed by California Code of Civil Procedure Section Under that provision, a petitioner may seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section , only if the petition for writ of mandate pursuant to that section is filed no later than the 90th day following the date on which the City's decision became final.

5 3

6 4

7 3

8 4

9

10

11

12 Rent Stabilization Division Investigations & Enforcement South Office 690 Knox Street, Suite #125, Torrance, CA Tel.: Toll-free: hcidla.lacity.org Housing + Community Investment Department Investigations and Enforcement Section Staff Report Tenant: Liliana Mendoza Landlord: Elda Carias Property Address: 1113 East 102 nd Street, Los Angeles, CA APN: HCIDLA Staff: Edward Jacobs Appeals Board Hearing Date: November 3, 2016 Relocation Assistance The Los Angeles Municipal Code (LAMC) Section provides that: Any tenant who is displaced or subject to displacement from a residential rental unit as a result of a notice to vacate or any order requiring the vacation of the residential unit by the Enforcement Agency due to a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to relocation benefits payable by the landlord in the amounts prescribed in Section The Enforcement Agency shall determine the eligibility of tenants for benefits paid pursuant to this article. Section provides in relevant part that the relocation payment shall be in the amounts set forth in Section G. The amount of relocation due depends on whether the tenant is an eligible or qualified tenant, the length of tenancy, and the tenant s income. The chart below shows the relocation amount applicable to each type of tenant. Relocation Assistance Amounts Effective July 1, 2015 through June 30, 2016 Tenants Income Below 80% of Tenants with less than 3 years Tenants with 3 or more years Status Area Median Income Eligible $7,800 $10,300 $10,300 Qualified $16,500 $19,500 $19,500 A Qualified Tenant is any tenant who has attained age 62; is handicapped as defined in California Health and Safety Code Section or is disabled as defined in United States Code Title 42, Sec. 423; or is a person residing with and on whom is legally dependent one or more minor children. A Low Income Tenant is a tenant whose income is 80 % or less of the Area Median Income, as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development, regardless of the length of tenancy. The chart below shows those figures for HUD Low Income Limits for Los Angeles (Formerly known as 80% AMI) Household person 2 persons 3 persons Size persons persons persons persons persons Income Limit $48,650 $55,600 $62,500 $69,450 $75,050 $80,600 $86,150 $91,700 An Equal Opportunity / Affirmative Action Employer

13 Determination It was determined by the Department based on available evidence that Liliana Mendoza was a Qualified Tenant and Low Income Tenant entitled to relocation assistance in the amount of $19, because she was residing with three minor children and her income was below 80% of the Area Median Income. Minor Children On the Tenant Relocation Assessment Form she listed herself (Liliana Mendoza), her husband (Jose Martinez) and three minor children (Sharon Martinez, Genesis Martinez and Stephanie Martinez). The tenant signed the Tenant Relocation Assessment Form under penalty of perjury on February 17, 2016 (Exhibit 1). Each of the tenant s three daughters was under 18 years old at the time when the relocation assistance amount was determined. The tenant submitted a County of Los Angeles Certificate of Live Birth for each of her three daughters (Exhibit 2). Each birth certificate listed Liliana Mendoza as the mother. The tenant s daughter Sharon Martinez Mendoza was born on January 3, The tenant s daughter Genesis Martinez was born May 27, The tenant s daughter Stephanie Martinez Mendoza was born December 20, The tenant submitted school records showing that Sharon and Genesis were enrolled at 99 th Street Elementary school and listed the property address as their residence (Exhibit 3). Low Income During a telephone interview with Housing Investigator Freida Heller on March 7, 2016, the tenant stated that she had been unemployed for four years and that her husband earned approximately $ per month doing occasional landscaping work. They did not file income tax returns. She also stated that she received $ per month from the Department of Public Social Services, plus $ per month from CalFresh. The tenant submitted documentation related to her government benefits. A notice of approval for CalFresh (Notificacion de Aprobacion para los Beneficios de CalFresh) dated October 5, 2015 was addressed to the tenant at the property address. It showed her family size as three (excluding Jose Martinez) at that time. The notice showed various amounts related to the tenant s budget, including her net income of $ and her CalFresh benefits of $ (Exhibit 4). Because an applicant for CalFresh benefits must submit an application form signed under penalty of perjury, those amounts were deemed reliable. The tenant s total income was below the 2016 HUD Low Income Limit for her actual household size. In fact, her total income was below the 2016 HUD Low Income Limit for one person. The tenant also submitted a State of California Benefits Identification Card for herself issued on July 28, 2005, for her daughter Sharon Martinez issued on November 5, 2007, and for her daughter Genesis Martinez issued on July 13, 2009 (Exhibit 5). RSO Jurisdiction LAMC Chapter XV, the Los Angeles Rent Stabilization Ordinance (RSO), applies to rental units located in the City of Los Angeles with some exceptions. LAMC Section defines rental units, in relevant part, as all dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section of this Code, and all housing accommodations as defined in Government Code Section 12927, and duplexes and condominiums in the City of Los Angeles, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. It is not necessary for a rental unit to contain a kitchen or cooking facilities. The Substandard Order issued by the Los Angeles Department of Building and Safety (LADBS) effective February 12, 2016, in part, cited illegal occupancy of an appartment [sic] dwelling attached to the rear of the main dwelling. Under LAMC Section rental units do not include dwellings, one family, except where two or more dwelling units are located on the same lot. The evidence, including but not limited to the LADBS Substandard Order, showed that the actual use of this property was not consistent with its permitted use as a single family dwelling. No exception from the definition of rental units was applicable. The property was subject to the RSO. Summary Liliana Mendoza was qualified to receive relocation assistance in the amount of $19, due to minor children and low income status.