Los Angeles Municipal Code § 161.805 Decision

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Section

• 161.801 General Manager’s Hearing.

• 161.802 Notice of General Manager's Hearing.

• 161.803 Continuances.

• 161.804 Conduct of the Hearing.

• 161.805 Decision.

• 161.805.1 Notice of General Manager's Decision.

• 161.806 Evictions.

• 161.807 Rent Increases.

(Amended by Ord. No. 185,644, Eff. 7/6/18.)

A. General. Whenever a violation has not been corrected by the time specified for compliance, the General Manager shall hold a hearing within 21 calendar days of the date specified for compliance or any extension compliance date. If the hearing does not occur within the time frame stated in this Section, it does not remove the obligation of the property owner/landlord or other responsible party to comply with any orders or notices, nor does it limit the General Manager’s authority to issue orders at the hearing.

B. Referrals from Other Agencies. The General Manager may hold a hearing under this Division when a violation is referred by the Fire Department, Department of Building and Safety, or the Los Angeles County Department of Health Services. The General Manager may issue any orders pursuant to Section 161.805 of this Article, excluding Sections 161.805(1), 161.805(5), or 161.805(6).

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Service of Notice. A notice of the General Manager’s hearing shall be served as follows:

1. On the property owner/landlord by certified United States mail, postage prepaid, to the address listed in the last equalized assessment roll, or by personal service, at least 15 calendar days before the hearing.

2. On each affected residential unit in the manner prescribed by Section 161.409 C. of this Article, at least 15 calendar days before the hearing.

B. Content of the Notice. In addition to any other information deemed necessary, the notice shall notify the property owner/landlord and any affected tenants of the:

1. Proposed inclusion in Rent Escrow Account Program and rent reductions as specified in Section 162.04 of this Code.

2. Proposed inclusion in the Urgent Repair Program under Section 50.00 C. of this Code or any successor program.

• 3. Proposed relocation assistance as specified in Section 161.805(7) of this Article.
• 4. Proposed property management training under Section 154.00 of this Code.
• 5. Proposed inclusion in the Receivership Program.

6. Proposed increased frequency of periodic inspections as provided by Division 6 of this Article.

• 7. Proposed rent withholding as provided by Division 9 of this Article.
• 8. Evictions protections as provided in Sections 151.09 and 161.806.
• 9. Prohibited rent increases as provided in this Division.
• 10. Proposed fees, costs or penalties imposed under Division 9 of this Article.
• 11. Proposed referral for criminal prosecution.

(Amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Upon a showing of good cause, the General Manager may grant a continuance of the hearing.

B. Before granting a continuance, the General Manager shall consider the extent and seriousness of the property conditions and cited violations; the reasonably anticipated effect of the violations on the occupants; the criteria set forth in Section 161.602 B.; and any other criteria provided under the law or by regulation indicating a risk of recurring violations or harm.

C. The General Manager shall make written findings to support the continuance decision.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

Department staff, other governmental agencies, the owner, tenants, and any interested persons may present any oral or documentary evidence that is relevant to the case. The proceedings shall be recorded by means of audiotape and/or videotape.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

After considering all relevant evidence and arguments, the General Manager shall issue a written decision within ten working days of the hearing. This decision is to be supported by written findings which separately provide the basis for each order imposed. Where it is determined that the violation has not been corrected, the General Manager may make any of the following orders, as appropriate:

(1) Order that the violation be referred to the City Attorney’s office for prosecution.

(2) Order a rent reduction.

(3) Order the building or dwelling units be accepted into REAP. (Amended by Ord. No. 173,810, Eff. 4/16/01.)

(4) Order the building or dwelling units be accepted into the Urgent Repair Program or any successor programs.

(5) Impose inspection fees pursuant to Division 9 of this article for the third inspection and all subsequent inspections until compliance is attained, and for any periodic inspection ordered to take place in less than four years. (Amended by Ord. No. 184,768, Eff. 4/4/17.)

(6) Order that, after compliance has been obtained, the next periodic inspection be conducted within three to 24 months, depending on the severity of the violations, the history of the property, the criteria set forth in Section 161.602.1 and any other criteria set forth by regulation indicating a risk of recurring violations.

(7) If the violation poses a present, imminent, extreme and immediate hazard or danger to life or limb, health or safety, or if the building or dwelling unit has been ordered vacated by any government agency, order that the owner pay relocation assistance to the tenants, in the amounts and following the procedures set forth in Section 151.09 G. and any accompanying regulations, regardless of whether the building or dwelling unit is subject to the RSO.

(8) Order the person or entity who owns, manages or controls the premises to attend property management training as set forth in Section 154.00, et seq.

(9) Order that the property be referred to the Receivership Program.

(10) Issue an Order of Abatement and have it recorded against the property.

(Title and Section amended by Ord. No. 185,644, Eff. 7/6/18.)

A. Service of Notice of Decision. A copy of the General Manager’s decision shall be served as follows:

1. On the property owner/landlord by certified United States mail postage prepaid, or by personal service.

2. On each affected residential unit in the manner prescribed by Section 161.409 C. of this Article.

3. A copy shall be made available to any person requesting a copy of the decision.

B. Content of Decision.

1. If the decision orders inclusion into REAP or rent reductions, the decision shall comply with the notice provisions of Section 162.04 in this Code.

2. If the decision orders relocation assistance, the decision shall comply with Section 161.805(7) of this Code.

3. The decision shall advise the property owner/landlord of any additional potential consequences that may result from non-compliance with the orders, including, but not limited to, imposition of civil penalties and fines under Section 161.905; criminal penalties and fines under Section 161.906; liens under Section 161.904; eviction protections under Section 161.806; prohibition of rent increases under Section 161.807; and rent withholding under Section 161.903.3 due to the property owner’s failure to pay any fees owed to the Department.

4. The General Manager’s decision shall state that an appeal may be filed within 15 calendar days of the date the decision is served.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

If an order is made under Section 161.805, regardless of whether the building or dwelling unit is subject to the RSO, the landlord may bring an action to recover possession of the dwelling unit only upon the grounds set forth in Section 151.09 until the Department determines that the landlord has complied with the order and for 180 days following the compliance date.

(Added by Ord. No. 173,011, Eff. 1/30/00.)

If an order is made under Section 161.805, regardless whether the building or dwelling unit is subject to the RSO, the property owner/landlord, or any subsequent property owner/landlord, shall not increase the rent for any current or subsequent tenant until the Department determines that the property owner/landlord has complied with the order and for one year thereafter, except as provided by the Costa Hawkins Rental Housing Act, Civil Code Section 1954.50, et. seq., and/or other law. The determination shall include the date of the property owner/landlord’s compliance for the purposes of calculating rent increases. (Amended by Ord. No. 184,446, Eff. 9/28/16.)

If the building or dwelling unit is subject to the RSO, any automatic increase pursuant to Section 151.06 will not take effect for a period of one year after the Department determines that the landlord has complied with the order.

For a building or dwelling unit that is subject to the RSO, if the landlord applies for an individual rent adjustment pursuant to Section 151.07, any authorized rent adjustment will not take effect for a period of one year after the Department determines that the landlord has complied with the order. (Para. Amended by Ord. No. 173,810, Eff. 4/16/01.)