Tenant Landlord Rights & Responsibilities

Required notice from landlord to all prospective tenants who will be renting an apartment unit in Beverly Hills. This notice is in addition to other disclosures required by the state.

CITY OF BEVERLY HILLSCommunity Development DepartmentCommunity Preservation DivisionRent Stabilization | Code Enforcement

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To Prospective Tenant and Landlord,

On May 18, 2004, the City of Beverly Hills City Council adopted revisions to the Beverly Hills Municipal Code (BHMC 4-6-5) relating to rent stabilization regulations which became effective December 18, 2004. The Code requires that at least twenty four (24) hours prior to the execution of a lease or rental agreement by a tenant, the landlord shall provide written notice to the prospective tenant advising of certain rights of the tenant and landlord or an administrative penalty in the amount of $500 may be imposed (BHMC 4-6-5C). Distribution of this document does not imply, guarantee or substitute a commitment for lease or rental agreement.

The document of compliance for the signatures of the landlord and prospective tenant is included and the form is available in English, Spanish, Farsi, and Korean online at www.beverlyhills.org/rent. Copies may also be obtained in the Community Development Department, Community Preservation Division, Community Services Department in City Hall at 455 North Rexford Drive, the Library, or through a telephone request at 310-285-1119.

Sincerely,Community Preservation DivisionCommunity Development Department

City of Beverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 t (310) 285-1141 f (310) 273-0972 BeverlyHills.org

LANDLORD OR LANDLORD’S AGENT

(Print first and last name)

Beverly Hills Municipal Code Section 4-6-5(B), requires that at least twenty-four hours prior to the execution of a lease or rental agreement by a Tenant, the Landlord shall provide written notice to the prospective Tenant of the information set forth above, and that the Landlord shall retain documentation that this notice was provided for the duration of the tenancy.

I affirm that I am the Landlord or the Landlord’s agent of the subject property, and that I provided a copy of this information to the prospective Tenant in accordance with the requirements of Beverly Hills Municipal Code Section 4-6-5(B) on the date and time below:

at AM PM(Date) (Time)

By (Landlord or Landlord’s Agent’s Signature)

PARKING INFORMATION

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PROSPECTIVE TENANT

(Print first and last name)

I affirm that I am a prospective Tenant with an application to rent an apartment unit located at:

(Address) (Apartment number)

I affirm that the Landlord or Landlord’s Agent provided me with a copy of the information set forth herein at least twenty-four hours prior to my execution of a lease or rental agreement for this apartment unit on the date and time below:

at AM PM(Date) (Time)

By (Prospective Tenant’s Signature)

The following are the parking restrictions on the public streets in the area adjacent to the subject building and the building’s on-site parking restrictions (for information and permitting cost see page 7):

Signing this document does not imply, guarantee or substitute a commitment for lease or rental agreement.

Beverly Hills Municipal Code Section 4-6-5(B) requires that the Landlord provide the prospective Tenant with written notice containing all the following information at least 24 hours prior to the execution of a lease or rental agreement:

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Just-causeEviction

No-causeEviction

Month-to-Month

Tenancy

Rent Increase

1. The Landlord and Tenant may not enter into an agreement to waive any provision of the Beverly Hills Municipal Code (BHMC) relating to rent increases. BHMC 4-6-4(A)

2. The Landlord may increase the monthly rent no more than 10% with no more than one increase in a twelve month period. The Tenant shall be given a 30-day written notice of each annual rent increase, as required by State law. BHMC 4-6-3(C)

3. If an apartment unit is voluntarily vacated by the Tenant, or the Tenant is evicted for any of the following reasons (just cause evictions), the unit may be re-rented for any amount:

• Failure to pay rent;• Breach of rental agreement;• Maintenance of nuisances;• Excessive number of tenants;• Refusal to provide access to make repairs or improvements; or• Unapproved subtenants. BHMC 4-6-5

4. The Landlord also may terminate a tenancy for no reason (no-cause eviction) with either a 30-day or 60-day written notice in accordance with state law. However, the unit may not be re-rented to a new tenant for a monthly rent that is more than what the evicted Tenant was paying when they were evicted. BHMC 4-6-6 [Any Tenant who receives a 60-day notice for a no-cause eviction (Involuntary Termination of Tenancy) should contact Code Enforcement at 310-285-1119].

5. Under certain conditions, the Landlord may charge a Tenant a monthly water service penalty and a refuse fee surcharge, in addition to the monthly rent. BHMC 4-6-7 & 4-6-8.

6. At the termination of a lease or rental agreement the Landlord and the Tenant can agree to extend the agreement or they can enter into a new lease or rental agreement. If the agreement is not extended or a new one put in place, a month- to-month tenancy will be created as long as the Tenant continues to live in the unit and the Landlord accepts rent from the Tenant. A month-to-month tenancy can be terminated at any time if the Landlord provides written notice to the Tenant in accordance with state law (60-day written notice required).

The following are Beverly Hills Municipal Codes, some of which may be California State Codes:

prospective tenant initials

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SUMMARY OF A TENANT’S BASIC RIGHTS UNDER STATE LAW

Entry by the

Landlord

Security Deposits

Repair ofSubstandardConditionsRemedy

Security deposits are refundable and must be returned at the end of the tenancy [California Civil Code Section 1950.5(m)]. The Landlord may retain part, or all, of the security deposit if there was rent due, the vacated unit is left in a dirty or damaged condition (other than normal wear and tear), or personal property of the Landlord is missing from the vacated unit [California Civil Code Section 1950.5(b)], otherwise the full amount must be returned to the Tenant. Within 21 days after the unit is vacated, the Landlord must refund the security deposit in full, or mail or personally deliver to the Tenant an itemized statement that lists the amounts of any deductions and the reasons for those deductions from the security deposit, along with a refund of any amounts not deducted [California Civil Code Section 1950.5(g)].

Under State law, the Landlord can enter a rental unit in the following circumstances only:

• An emergency;• When the Tenant has moved out or has abandoned the unit;• To make necessary or agreed-upon repairs, decorations, alterations, or improvements;• To show the unit to prospective tenants, purchasers, contractors, or lenders;• To provide entry to contractors or workers who are to perform work on the unit;• To conduct an initial inspection before the end of tenancy;• Pursuant to a court order;• To inspect the installation of a waterbed when the installation has been

completed, and periodically thereafter to assure that the installation meets the requirements of state law and the manufacturer’s specifications [California Civil Code Section 1940.5(f)].

Unless the Tenant is present and consents at the time of entry, the Landlord must give the Tenant 24-hour advance written notice before entering the unit, except when the Tenant has moved out of the unit, abandoned the unit, or in an emergency, and the Landlord can enter the unit only during normal business hours (generally, 8 a.m. to 5 p.m. weekdays). The Landlord must give written notice by personal delivery or leave the notice at the unit with a person of suitable age and discretion; or leave the notice on, near, or under the Tenant’s usual entry door in such a way that it is likely to be found; or mail the notice to the Tenant [California Civil Code Section 1954].

A Tenant may deduct money from the rent, up to the amount of one month’s rent to pay for the repairs of defects in the rental unit [California Civil Code Section 1942]. Defects that qualify for this remedy must be substandard conditions that affect the Tenant’s health and safety and substantially breach the implied warranty of habitability. The repairs cannot cost more than one month’s rent. The deduction remedy cannot be used more than twice in any 12-month period. The Tenant must not have caused the defects that require the repairs. The Tenant must have informed the Landlord of the need for repairs and must have given the Landlord a reasonable period of time to make the repairs. Because this remedy can lead to an eviction for failure to pay rent, it is recommended that the Tenant consult with an attorney prior to deducting any amount from the required rent.

prospective tenant initials

California State law provides tenants’ rights information if a retaliatory eviction has occurred; contingent on the following circumstances:

• Within six months after the Tenant has exercised rights under the repair of serious defects remedy;

• After the Tenant has complained about the condition of the rental unit to the Landlord or to an appropriate public agency;

• After giving the Landlord notice;• After the Tenant has filed a lawsuit or commenced arbitration based on the

condition of the unit or has caused an appropriate public agency to inspect the unit or to issue a citation to the Landlord [California Civil Code Section 1942.5(c)1945.2].

The Uniform Housing Code and the California Health and Safety Code require that an apartment unit be equipped with proper ventilation, window screens, smoke detectors, carbon monoxide detector, kitchen sinks, hot and cold running water, a functional bathroom, and an operational heating unit. All apartment units must be free of any structural hazards, faulty electrical wiring and plumbing defects. Any such violations should be reported immediately to the Landlord. If the Landlord fails to make repairs within a reasonable time period the Tenant may report the violation(s) to Community Preservation at 310-285-1119.

The Beverly Hills Municipal Code (Article 43 of Chapter 3 of Title 10 - Zoning) allows certain home-based businesses under specified conditions. Prior to operating a home occupation the operator shall provide a signed affidavit of compliance as conditioned in the code. The following types of home occupations are prohibited: automotive repair, transient lodging, restaurants, rental of a residence for events, any activity requiring a regulatory permit issued by the City, any activity producing biohazardous or medical waste, manufacturing, and any use that is prohibited or requires a Conditional Use Permit in a Commercial Zone. For more details, contact the Planning Division at 310-285-1123. In addition, the Landlord may prohibit or otherwise regulate a Tenant’s ability to engage in a home occupation in an apartment unit as part of the lease or rental agreement.

RetaliatoryEviction

Housing & Health CodeStandards

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HomeOccupation

prospective tenant initials

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RESOURCES FOR LANDLORDS AND TENANTS

Resources are available in the community and through the City of Beverly Hills. Get the information and services you need to ensure your rights as a tenant and/or landlord are protected.

COMMUNITY RESOURCES

CITY RESOURCES

Mediation Services Center for Civic MediationMain: 877-4RESOLV (877-473-7658)Web: centerforcivicmediation.org

Tenant/Landlord Counseling and Housing Rights InformationHousing Rights CenterMain: (800) 477-5977Counseling hotline: (800) 477-5977Web: Hrc-la.org

Municipal Code InformationCommunity Preservation Division - Rent Stabilization & Code EnforcementCommunity Development DepartmentHotline: (310) 285-1119Web: beverlyhills.org/rent

Parking Permit InformationPublic Works Services Main: (310) 285-2500Web: beverlyhills.org/parkingpermits

Tenant Landlord ForumHuman Relations Commission Community Services DepartmentMain: 310-285-1006 Web: beverlyhills.org/hrcEmail: humanservices@beverlyhills.org

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In support of Tenants and Landlords The Commission can assess your situation

and advise on a plan for resolution.

CITY OF BEVERLY HILLS455 N. Rexford Drive

Beverly Hills, CA 90210www.beverlyhills.org

ORDINANCE NO. 17-0-2725

AN URGENCY ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THEBEVERLY HILLS MUNICIPAL CODE TO ESTABLISH THE REQUIREMENT TO PAYRELOCATION FEES TO TENANTS WHO ARE EVICTED FROM APARTMENT UNITS,TO ESTABLISH A NOT TO EXCEED 3% RENT INCREASE, TO REQUIRE AREGISTRATION OF TENANCY, AMENDING THE BEVERLY HILLS MUNICIPALCODE AND DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS ASFOLLOWS:

Section 1. The City Council hereby amends Section 4-5-202 to add the following definitionsin alphabetical order:

DISABLED PERSON. Any person who is receiving benefits from a Federal, State, orlocal government, or from a private entity on account of a permanent disability that prevents the

person from engaging in regular, full-time employment.

MINOR. Any person younger than eighteen years of age.

SENIOR. Any person sixty-two years of age or older.

Section 2. The City Council hereby amends the amounts of the relocation fees set forth in

Section 4-5-605 of the Beverly Hills Municipal Code as follows:

4-5-605: AMOUNT OF RELOCATION FEES: The amount of the relocation fee payable to

a tenant entitled to such fee pursuant to the provisions of this chapter shall be determined as

follows:

Apartment Size Relocation Fee

A. Bachelor $9,050

B. Single $9,050

C. 1 bedroom $13,900

D. 2 or mote bedrooms $18,850

Provided further, those households that included a senior, disabled person, or a

minor shall be entitled to a relocation fee in the following amounts:

Apartment Size Relocation Fee

A. Bachelor $10,350

B. Single $10,350

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C. I bedroom $16,000

D. 2 or more bedrooms $21,650

Any tenant whose occupancy of the apartment unit began after the date whenthe required notice of termination was given shall not be entitled to any relocation fee.

Section 3. Paragraph B of Section 4-6-3 (“Rental Increase”) of the Beverly Hills MunicipalCode is hereby amended to read as follows:

B. Such increases shall not exceed a maximum amount of three percent (3%) of therental then in effect.

Section 4. The amendment to Section 3 shall expire after 30 days.

Section 5. The City Council hereby amends Chapter 6 of Title 4 of the Beverly HillsMunicipal Code to add new Section 4-6-9 thereto to read as follows:

4-6-9: RELOCATION FEE:

A. If a landlord brings an action to recover the possession of an apartment unit that is

subject to the provisions of this Chapter 6 for any of the reasons set forth in Section 4-5-

502, 4-5-503, 4-5-504, 4-5-505, 4-5-507 or 4-5-508 of this Title, the landlord is not

required to pay a relocation fee to the tenant residing in the unit. However, if a landlord

serves a notice of eviction on a tenant for any other reason, or for no specified reason,

the landlord shall pay to such tenant a relocation fee in accordance with the provisions of

this section. The relocation fee shall be due and payable to the tenant, regardless ofwhether the landlord actually utilizes the apartment unit for the purposes stated in thenotice of eviction, unless the landlord notifies the tenant in writing of the withdrawal ofthe notice of eviction prior to such time as the tenant has given the landlord notice of hisor her last date of occupancy, or has vacated the unit, if a notice of the last date of

occupancy is not given by the tenant, and files a copy of the notice with the city clerk

within one week after serving the notice on the tenant.

B. The relocation fee or pro rata share thereof shall be paid to any tenant who vacates theapartment unit at the time he or she vacates it. If the landlord cannot in good faith

determine if the tenant is entitled to receive the relocation fee, it shall be deposited in

escrow in accordance with Paragraph D of this section.

C. The entire fee shall be paid to a tenant who is the only tenant in an apartment unit.

Where an apartment unit is occupied by two (2) or more tenants, payment may be

prorated among the tenants, or payment may be made to one tenant, provided all the

adult occupants of the apartment unit have signed a stipulation to judgment as described

in Paragraph D of this section. In no event shall a landlord be liable to pay a total

amount that exceeds the fee required by paragraph E of this section for one apartment

unit to all the tenants in any one apartment unit.

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D. Deposit of relocation fee into escrow.

1. When the apartment unit has not been vacated, the relocation fee shall be depositedin escrow if the tenant has furnished the landlord with the tenant’s notarizedstipulation to judgment in favor of the landlord for the repossession of the apartmentunit by the landlord within sixty (60) days after the payment of the relocation fee tosuch tenant. The fee shall be released from escrow to the tenant on the day thetenant vacates the apartment unit. Nothing in this subsection shall be deemed torequire any tenant to vacate any apartment unit before the expiration of the full noticetime to which such tenant is entitled. The sixty day period referred to in thisparagraph 1 shall not apply to any eviction where the eviction notice was given bythe landlord to the tenant on or before January 20, 2017.

2. If the landlord in good faith is unable to determine which persons are entitled toreceive the relocation fee, the landlord shall deposit the relocation fee into escrow.The landlord shall give written notice of such deposit to each person, including thetenant and any occupant other than the tenant, who in the landlord’s good faithjudgment may be entitled to receive the relocation fee. Upon agreement by allpersons so notified, the escrow holder may distribute the relocation fee in themanner agreed upon. If such patties cannot reach agreement within thirty (30) days

after the date the notice of deposit is given, the division and distribution of the

relocation fee shall be determined by the heating officer following a hearing on the

matter. No distribution from an escrow may occur until the tenant who is to receive

the relocation fee has signed a notarized stipulation to judgment pursuant to

subsection A of this section if the tenant still occupies the apartment unit.

3. All the costs of an escrow opened pursuant to the provisions of this section shall beborne by the landlord.

The amount of the relocation fee payable to a tenant entitled to such fee pursuant to the

provisions of this section shall be determined as follows: 4-5-605: AMOUNT OF RELOCATION

FEES: The amount of the relocation fee payable to a tenant entitled to such fee pursuant to the

provisions of this chapter shall be determined as follows:

Apartment Size Relocation Fee

E. Bachelor $9,050

F. Single $9,050

G. 1 bedroom $13,900

H. 2 or mote bedrooms $18,850

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Provided further, those households that included a senior, disabled person, or aminor shall be entitled to a relocation fee in the following amounts:

Apartment Size Relocation Fee

E. Bachelor $10,350

F. Single $10,350

G. 1 bedroom $16,000

H. 2 or more bedrooms $21,650

Any tenant whose occupancy of the apartment unit began after the date when

the required notice of termination was given shall not be entitled to any relocation fee.

Any tenant whose occupancy of the apartment unit began after the date when the required

notice of termination was given shall not be entitled to any relocation fee.

F. In lieu of the relocation fee required by paragraph E of this section, the landlord, at his or her

option, may relocate the tenant into a comparable replacement apartment unit satisfactory to the

tenant, in which event the landlord shall be liable only for the actual costs of relocating the

tenant, up to the maximum as set forth in paragraph E of this section per apartment unit. A

tenant shall not unreasonably withhold the approval of a replacement apartment unit offered by

the landlord. For the purposes of this paragraph only, comparability shall be determined from

the following factors: size, price, location, proximity to medical and recreational facilities, parks,

community centers, shops, transportation, schools, churches, and synagogues, amenities, and,

if the tenant desires, the location of the apartment unit in the city.

G. Waiver of relocation fee.

1. If a tenant who has received a thirty (30) day notice to vacate premises does not

vacate the apartment unit within such time, and the landlord thereafter files a complaint

for writ or judgment restoring possession, and the court orders such tenant to vacate the

apartment unit, such tenant shall be deemed to have waived all rights to any relocation

benefit to which he or she is otherwise entitled pursuant to this section and shall return

to the landlord any relocation fee or other benefit so received, plus interest at the rate

allowed by law.

2. After the requited notice period has passed, if a tenant has signed a stipulation

for judgment and received a relocation fee, whether directly or as the result of thedistribution of a deposit, and does not vacate the apartment unit within sixty (60) days

after such receipt, the tenant shall be deemed to have waived all rights to any relocation

benefits to which he or she is otherwise entitled pursuant to this section, and the tenant

shall be obligated to return to the landlord any relocation fee or other benefit so received,

plus interest at the rate allowed by law.

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H. Registration of Tenancy

Landlords shall be requited to annually fill out a form similar to the Los Angeles Registry,as modified by the City. The form shall be returned to the City within 30 days after the landlordhas received the form from the City.

Section 6. Urgency Findings. The City Council finds as follows:

(a) Currently, there is a shortage of affordable housing that is available to all segments ofthe community both within the County of Los Angeles and specifically within the City ofBeverly Hills. The increased cost of constructing and purchasing housing within theSouthern California region has caused an increase in the rents that are being chargedfor apartment units. Studies, which were presented to the City Council and are part ofthe record regarding the adoption of this ordinance, have shown that there is a shortage

of the number of apartment units that are available for rent and that the rents that ate

being charged for apartment units are increasing dramatically, especially within Southern

California and within the City of Beverly Hills. Because of the state Costa Hawkins

statute (Civil Code Section 1954.50, et seq.), rents often are increased substantially

following a vacancy. The ability to increase rents following a vacancy is an incentive for

a landlord to evict an existing tenant so the unit can be re-rented for a rent that issignificantly higher. In the City of Beverly Hills, apartment units that are subject toChapter 6 of Title 4 of the Beverly Hills Municipal Code are not subject to just cause”

eviction constraints and the tenant can receive rent increases of 10%. Accordingly,

tenants living in those units may be given notice by their landlords that their tenancy is

being terminated for no specified reason, and they must vacate their units and find a

different apartment unit within which to live or they can have their rent increased by 10%.

This ordinance is designed to address this situation by requiring landlords who are

evicting a tenant without “just cause,” as defined herein, to pay relocation fees to the

tenant, which will assist the tenant with the cost of obtaining and moving into a different

rental unit and will limit rent increases to 3% annually.

(b) Therefore, the City Council finds and determines that the immediate preservation of the

public peace, health, and safety requires that this ordinance be enacted as an urgency

ordinance pursuant to Government Code Section 36937(b) and take effect immediately

upon adoption. If this Ordinance does not become effective immediately, but instead

becomes effective thirty days after its second reading, an increased number of tenants,

including seniors and disabled tenants, will have their rents raised by 10%, or who are

evicted without cause, will be unable to bear the cost of finding another unit and moving

into the unit. At a minimum, the expense of moving to a new unit or having a rent

increase of 10% will potentially cause the tenant to cut back on spending for health care,

food, or medicine. Therefore, this Ordinance is necessary for the immediate

preservation of the public peace, health and safety and its urgency is hereby declared.

Section 7. CEQA. This ordinance is exempt from CEQA pursuant to CEQA Guidelines

section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the

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potential for causing a significant effect on the environment, and CEQA does not apply where itcan be seen with certainty that there is no possibility that the activity may have a significanteffect on the environment. It can be seen with certainty that requiring landlords who evicttenants without cause to pay rebcation fees to the tenants who are evicted from their unitswithout cause will not cause a significant effect on the environment.

Section 8. Publication. The City Clerk shall cause this Ordinance to be published at leastonce in a newspaper of general circulation published and circulated in the city within fifteen (15)days after its passage in accordance with Section 36933 of the Government Code, shall certifyto the adoption of this Ordinance and shall cause this Ordinance and the city Clerk’scertification, together with proof of publication, to be entered in the Book of Ordinances of theCouncil of this city.

Section 9. Effective Date. This Ordinance is adopted as an urgency ordinance for theimmediate preservation of the public peace, health and safety within the meaning ofGovernment Code Section 36937(b), and therefore shall be passed immediately upon itsintroduction and shall become effective immediately upon its adoption by a minimum 4/5 vote ofthe City Council.

Section 10. Certification. The City Clerk shall certify

Adopted: January 24, 2017Effective: January 24, 2017

BYFkONçPE \JCity Cerk

APPROVEDASTO FORM:

MAHD1 ?LUZRICity Mnager

the City of Beverly Hills, California

LAURENCE S. WIENERCity Attorney

TO CONTENT

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