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LOS ANGELES, CALIFORNIA

City of Los Angeles Municipal Code - 03/31/99  

CHAPTER XV - RENT STABILIZATION ORDINANCE (Added by Ord. No. 152,120, Eff. 4/21/79, Oper. 5/1/79.)

ARTICLE I

SEC. 151.06.  AUTOMATIC ADJUSTMENTS

With respect to an eviction or termination of tenancy based on one or more of the grounds described in Section 151.09 A3 or A4, the maximum rent or maximum adjusted rent may be increased to any amount upon the re-rental of the rental unit only in those cases where  1) the notice of intent to terminate tenancy is served on the tenant by the landlord prior to the City Attorney commencing a court action against him or her pursuant to Section 47.50 of this Code; and  2) the eviction or termination of tenancy is based upon information provided by a law enforcement agency or prosecution agency that the tenant is committing or permitting to exist any drug-related nuisance, illegal drug activity or gang-related crime as those terms are defined in Section 47.50 A of this Code.  Thereafter, so long as the rental unit continues to be rented to one or more of the same persons, no other rent increase shall be imposed pursuant to this subsection.  (Paragraph Added by Ord. No. 171,442, Eff. 1/19/97.)

However, this subsection shall not apply in the following circumstances:

1.  If a rental unit is vacated as a result of termination of rental assistance paid for the tenant with federal aid pursuant to a Housing Assistance Payments Contract between the landlord and the City of Los Angeles Housing Authority when such contract was cancelled or not renewed by the landlord;

2.  The vacation of a rental unit by a tenant as a result of a landlord giving notice of intent to terminate tenancy on any ground other than those set forth in Section 151.09 A1, A2 or A9 of this chapter, or the landlord creating an unreasonable interference with the tenant’s comfort, safety, or enjoyment of the rental unit;

3.  If a rental unit is vacated as a result of an eviction or termination of tenancy based on the grounds described in Section 151.09 A9 and a re-rental certificate is not granted as provided in Section 151.07 A7.  (Amended by Ord. No. 165,251, Eff. 11/20/89.)

4.  If the tenant voluntarily vacating the rental unit was the next tenant after an eviction pursuant to Section 151.09 A8; or

5.  If a rental unit is vacant as a result of the termination of the regulation of the rental unit under any local, state or federal program.  (Added by Ord. No. 166,320,  Eff. 11/22/90

6.  If the rental unit is the subject of a notice of noncompliance sent to the Franchise Tax Board pursuant to Section 17274 of the Revenue and Taxation Code, and the violations that were the subject of the notice have not been corrected.  (Added by Ord. No. 170,445, Eff. 5/6/95, Oper. 7/5/95.)

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Pomona, California

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-521. Purpose and Intent.

The eviction program for drug- and gang-related crimes is intended to assist owners and managers of residential rental units in keeping their properties drug and crime free. This program shall pertain to those offenses specifically listed in this division.

(Code 1959, § 5-60; Ord. No. 3906, § 1 (part))

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-522. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Controlled substance means any drug, substance, or immediate precursor as listed in the California Uniform Controlled Substance Act (Health and Safety Code § 11000 et seq.).

Drug-related nuisance means any activity related to the possession, sale, use, or manufacture of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property, and/or safety of residents of the premises. Such activity includes but is not limited to any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, the display or observance of weapons, drug loitering as defined in Health and Safety Code § 11532, or other drug-related occurrences when taken as a whole tend to substantially affect or interfere with any other tenant's beneficial use and enjoyment of any rented property.

Gang-related crime  means any crime in which the perpetrator is a known member of a gang or any crime motivated by gang membership in which the victim or the intended victim of the crime is known to be a member of a gang. 

Illegal drug activity means a violation of any provision of Health and Safety Code div. 10, ch. 6 (Health and Safety Code § 11350 et seq.) and Health and Safety Code div. 10, ch. 6.5 (Health and Safety Code § 11400 et seq.). 

Landlord  means any owner of record, lessor, or sublessor, including any person, who receives or is entitled to receive rent for the use of any rental unit or the agent, manager, representative or successor of any of the foregoing. 

Premises  means any rental unit and the land on which it and any other buildings of a complex are located and common areas, including but not limited to garage facilities, streets, alleyways, stairwells, elevators and, as the context permits or requires, any public or private property, which is immediately adjacent to any of such areas. 

Rental unit means any dwelling, including, but not limited to, any single-family residence, multifamily residence, duplex, and/or condominium, which is rented or offered for rent for residential occupancy in the city. This term also includes any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located or both. It also means any recreational vehicle, as defined in Code of Civil Procedure § 799.24, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located or both.

Tenant  means any tenant, subtenant, lessee, sublessee or any person entitled to use or occupancy of a rental unit or any other person residing in the rental unit. 

(Code 1959, § 5-61; Ord. No. 3906, § 1 (part))

Cross references: Definitions generally, § 1-2. 

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-523. Administrative procedures.

The city manager may promulgate such administrative procedures as may be necessary to implement this division.

(Code 1959, § 5-63; Ord. No. 3906, § 1 (part))

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-524. Duties of landlord.

(a) Under this division a landlord shall not cause or knowingly permit any premises under his control to be used or maintained for any illegal drug activity or gang-related crime or in such a manner as to constitute a drug-related nuisance.

(b) A landlord shall not cause or knowingly permit any tenant to use or occupy premises under the landlord's control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on the premises.

(Code 1959, § 5-62; Ord. No. 3906, § 1 (part))

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-525. Enforcement.

(a) Provided that the owner of record or agent thereof and any known manager of a premises has been served with a written notice by certified mail, return receipt requested, advising that the chief of police has determined that the landlord is in violation of section 3-524(a) and/or (b) and has failed to comply with the subsection within 30 business days of the date of service of such notice or to file and appeal within such period as provided in this section, the city may file an action for injunctive relief or utilize any other remedy provided by the law to compel compliance, including but not limited to all remedies available to abate a nuisance. For purpose of this section, the written notice shall also identify the offending tenant(s), unit number if applicable, the specific violation(s), and provide sufficient documentation describing facts necessary to show a violation of Pomona City Code section 30-524(a) and (b), or the nuisance or illegal purpose provisions of California Code of Civil Procedure Section 1161, subdivision (4), and shall further state that the landlord is required to serve and diligently prosecute either a three-day notice to quit or a 30-day notice to vacate.

(b) No rental unit vacated pursuant to the provisions of this section may be re-rented, leased or otherwise reoccupied by the prosecuted tenant prior to the expiration of a 12-month period following the vacation of the rental unit by the tenant, nor shall the landlord rent any other rental unit located within the city to such prosecuted tenant within such 12-month period. The required notice shall also state that, within such 30-day period, the landlord may file a written appeal of the determination of violation with the city manager, who shall cause the matter to be set for a hearing. Written notice of the date and time of such hearing shall be served by first class mail addressed to the landlord's last known business address. The city manager shall thereafter conduct an evidentiary hearing to determine whether the police chief's determination is supported by substantial evidence. Following the conclusion of the hearing, the city manager may affirm, reverse, or reverse subject to conditions of the police chief's determination of violation. The city manager's decision shall be based upon written findings and shall be final.

(c) Any individual attempting to diligently prosecute a three-day notice to quit or 30-day notice to vacate pursuant to this section may request that the chief of police produce one or more police officers or employees with personal knowledge of the matters indicated in the notice described in subdivision (b) of this section. Upon the filing of such request with the city, the chief of police shall direct the appropriate police officer or employee with such personal knowledge to appear in any legal proceedings concerning the diligent prosecution of a three-day notice to quit or 30-day notice to vacate. The failure to produce a police officer or employee with sufficient personal knowledge shall relieve the requesting individual of any obligation to prosecute a three-day notice to quit or 30-day notice to vacate which is otherwise required pursuant to this section; provided, however, that any such request must be filed with the city clerk no sooner than 72 hours prior to the time scheduled for the legal proceeding.

(d) The following definitions apply to the terms used herein:

(1) "Sufficient documentation"  shall include, but is not limited to, any one or combination of the following: (i) police reports, (ii) police officer or witness affidavits, or (iii) documented observations of any witness or informant willing to testify before a court of law; provided that any such documentation is disclosable pursuant to the requirements of the California Public Records Act (Government Code §§ 6250 et. seq.). 

(2) The term"diligently prosecute"  means exercising a reasonable effort to legally effectuate a three -day notice to quit or a 30-day notice to vacate the rented premises. Failure to succeed in causing the premises to be vacated shall not constitute a failure to diligently prosecute, provided that the landlord exercised reasonable effort in such prosecution.

(Code 1959, § 5-65; Ord. No. 3906, § 1(part); Ord. No. 4024, § 1, 5-2-2005)

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-526. Lien Authorized.

Any judgment for money given pursuant to this division, including permitted fees and costs, may be recorded as a lien against the subject's property in an amount not to exceed $5,000.00. If multiple defendants exist, they shall be jointly and severally liable for any payment so ordered.

(Code 1959, § 5-66; Ord. No. 3906, § 1 (part))

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-527. Recovery of Possession by Landlord.

(a) Notwithstanding any provision of any ordinance to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following:

(1) The tenant is committing or permitting to exist any illegal drug activity, gang-related crime, or drug-related nuisance on the premises; or

(2) The tenant has been convicted of a crime wherein the underlying offense involves illegal drug activity, any drug-related nuisance activity or a gang-related crime on the premises.

(b) Notwithstanding Government Code § 68097.2(b), a public entity may waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer action brought by a landlord to recover possession of a rental unit pursuant to this division.

(Code 1959, § 5-64; Ord. No. 3906, § 1 (part))

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-528. Penalties.

It shall be unlawful for any person to violate any section or fail to comply with any of the requirements of this division. Any person violating any section of this division or failing to comply with any part of its requirements shall be punished as follows:

(1) For three or less violations occurring within any 12-consecutive-month period, a violation of this division shall be deemed to be an infraction.

(2) The fourth and any subsequent violations of the same section occurring within any 12-consecutive-month period shall be deemed to be a misdemeanor.

(Code 1959, § 5-67; Ord. No. 3906, § 1 (part))

Article VIII. Rental Units
Division 2. Eviction Program for Drug- or Gang-Related Activities
Sec. 30-529. Civil Remedies Available.

The violation of any of the sections of this division shall constitute a nuisance and may be abated by the city through civil process by means of a restraining order, by preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

(Code 1959, § 5-68; Ord. No. 3906, § 1 (part))


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