The City of Beverly Hills Rent Stabilization Ordinance

The City of Beverly Hills Rent Stabilization Ordinance limits the amount a tenant’s rent can be increased annually and prohibits evictions unless there is a just-cause reason to do so.  The City also provides relocation assistance to eligible tenants in cases of no-fault displacements.

There are two Rent Stabilization Ordinances in the Beverly Hills Municipal Code:  Chapter 5 and Chapter 6.  
Most tenancies fall under Chapter 6.

How do I determine if my tenancy falls under Chapter 5 or Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

The chapter your tenancy falls under is primarily based on the initial rental amount stated in your rental agreement and not on the current rent amount.  If you live in a multi-unit building built before September 20, 1978, and your move-in rent was $600 or less per month, your tenancy will fall under Chapter 5.  If you live in a multi-unit building that was built before February 1, 1995, and your move-in rent was more than $600, you are protected under Chapter 6.

If your tenancy does not fall under Chapter 5 or 6 of the City of Beverly Hills Rent Stabilization Ordinance, you may have rent-ceiling protections and eviction protections through the California Tenant Protection Act of 2019, the state’s rent control law.

CHAPTER 5 RENT STABILIZATION (PART I):
Applies to Tenants Whose Move-in Rent Was $600 Or Less

Can tenants waive their rights under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

No.  Any provision in a rental agreement that waives a tenants rights under the ordinance is against public policy and void.  Beverly Hills, Cal. Mun. Code § 4-5-103.

Are landlords required to register their properties with the City under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  Landlords are required to register all properties that are subject to the ordinance.  Beverly Hills, Cal. Mun. Code § 4-5-801.  In addition, units must be re-registered anytime they are re-rented after a vacancy, and the landlord must file a registration amendment anytime there is a change in management or ownership.  Id.  If a landlord fails to register a unit, they cannot raise the tenant’s rent.  Beverly Hills, Cal. Mun. Code § 4-5-701.

Are landlords required to notify tenants about their rights under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

No.  Unlike tenants whose tenancies fall under the protection of Chapter 6, tenants under Chapter 5 do not have to be provided with a notice of their rights by their landlord.

Which properties are covered under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

If you live in a building that has two or more units built before September 20, 1978, and your move-in rent was $600 or less, you have rent-control and just-cause for eviction protections under Chapter 5.  Beverly Hills, Cal. Mun. Code § 4-5-101.

The following properties are exempt:

• Single-family homes;
• Units located in a building built after September 20, 1978;
• Units where the initial move-in rent exceeds $600 per month;
• Rooms or accommodations in hotels, motels, boarding houses, or lodging houses which are rented to transient guests for a period of less than 30 consecutive days;
• Condominiums existing as of or created through conversion after March 27, 1979;
• Units in nonprofit cooperatives owned and controlled by a majority of the residents;
• Units which a government agency owns, operates, or manages or which are specifically exempted from municipal rent regulation by state or federal law or administrative regulation; and
• Units that are not occupied by the tenant as the tenant’s primary residence.  Beverly Hills, Cal. Mun. Code § 4-5-102.

ALLOWABLE RENT INCREASES:

How much can my rent be increased under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

A tenant’s rent may be raised once every 12 months up to 8% or by the Consumer Price Index (“CPI”) increase percent as of the date of the notice of rent increase, whichever is less.  Beverly Hills, Cal. Mun. Code § 4-5-303.

Can my security deposit be increased under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

A tenant’s security deposit may be increased by the same percentage as the annual allowable rental increase percent.  Beverly Hills, Cal. Mun. Code § 4-5-303.  The deposit increase and rent increase must happen concurrently.  Id.

Can my landlord file a petition to increase my rent beyond the allowable increase percent under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes. If there is a dispute over a rent increase involving one of the reasons below, either the tenant or the landlord may apply to the hearing officer for a hearing to resolve the matter.  Beverly Hills, Cal. Mun. Code § 4-5-401.

• Capital Improvements.  Beverly Hills, Cal. Mun. Code § 4-5-304.
• Expenditures mandated by law.  Beverly Hills, Cal. Mun. Code § 4-5-305.
• Utility expense surcharge.  Beverly Hills, Cal. Mun. Code § 4-5-306.
• Additional tenants surcharge.  Beverly Hills, Cal. Mun. Code § 4-5-307.
• Water service penalty surcharge.  Beverly Hills, Cal. Mun. Code § 4-5-308.
• Refuse fee surcharge. Beverly Hills, Cal. Mun. Code § 4-5-309.
• Increase due to increase in property taxes.  Beverly Hills, Cal. Mun. Code § 4-5-402.

JUST-CAUSE EVICTION PROTECTIONS:

What are the just-cause reasons for eviction under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

If your landlord does not have a just-cause reason to evict you, they cannot force you out of your rent-controlled home.  Beverly Hills, Cal. Mun. Code § 4-5-501. 

The just-causes under Chapter 5 are the following:

• Failure to pay rent.  Beverly Hills, Cal. Mun. Code § 4-5-502.
• Violation of the lease agreement.  Beverly Hills, Cal. Mun. Code § 4-5-503.
• Nuisance.  Beverly Hills, Cal. Mun. Code § 4-5-504.
• Use of the unit for an illegal purpose.  Beverly Hills, Cal. Mun. Code § 4-5-505.  Illegal purpose includes exceeding the allowable number of people allowed per unit.  Id.  Three people are allowed in a studio unit.  Id.  For a 1-bedroom unit that is 1200 sq ft or less, 4 people are allowed, and 5 people allowed if the unit has more than 1200 sq. ft.  In a 2-bedroom unit that is 1500 sq ft or less, 5 people are allowed, and if the unit is more than 1500 sq ft, six people are allowed.  Id.  If the unit has 3 bedrooms and is 2100 sq ft or less, 7 people are allowed, and if it has more than 2100 sq ft, 8 people are allowed.  Id.
• Refusal to sign a new lease agreement or extension after a prior lease expires.  Beverly Hills, Cal. Mun. Code § 4-5-506.  The new proposed lease agreement or extension must contain the same terms and duration as the prior lease.  Id.
• Refusal to provide landlord with reasonable access to the unit.  Beverly Hills, Cal. Mun. Code § 4-5-507
• Unapproved subtenants.  Beverly Hills, Cal. Mun. Code § 4-5-508.  A landlord may bring an action to recover the possession of a unit if the tenant has vacated and the person in possession of the unit is an unapproved subtenant.  Id. 
• Owner or relative move-in.  Beverly Hills, Cal. Mun. Code § 4-5-509. 
• Change of building manager.  Beverly Hills, Cal. Mun. Code § 4-5-510.
• Demolish the building, move the building, or convert to a condominium.  Beverly Hills, Cal. Mun. Code § 4-5-511.
• Major remodel.  Beverly Hills, Cal. Mun. Code § 4-5-512.
• Withdrawal of the unit from the rental market (Ellis Act eviction).  Beverly Hills, Cal. Mun. Code § 4-5-513.
• Disruptive Tenant.  Beverly Hills, Cal. Mun. Code § 4-5-514.

What is a “disruptive tenant” under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

A disruptive tenant is a tenant that (1) repeatedly or continually disturbs the peace and quiet enjoyment of another tenant in the building or (2) antagonizes, intimidates, or bullies another tenant in the building, and the disruptive tenant does not stop the behavior when requested to do so by the other tenant or by the landlord.  Beverly Hills, Cal. Mun. Code § 4-5-514.

How can a “disruptive tenant” be evicted under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

In order to evict a disruptive tenant, the landlord must file an application with the Rent Stabilization Program (“Rent Board”) to obtain a hearing on the matter.  Beverly Hills, Cal. Mun. Code § 4-5-514.  The landlord must first provide the tenant with at least one written warning about their behavior before they can apply for a hearing.  Id.  The landlord bears the burden of proof to establish the disruptive nature of the tenant.  Id.  After the hearing, if the Rent Board determines the tenant is a disruptive tenant, the landlord may serve the tenant with a thirty-day or sixty-day notice of termination, whichever is applicable.  Id. 

What requirements must be met by the landlord to evict a tenant through an owner or relative move-in under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

The landlord must have good faith to move into or move his family member (spouse, children, or parents) into the unit.  Beverly Hills, Cal. Mun. Code § 4-5-509. 

All of the following conditions must also be met:

• There are no vacant comparable units in the building at any time during the notice period;
• The unit the landlord wants to move into must be occupied by the most recent tenant to the building;
• A landlord may only do an owner move-in to one unit at the property even if there are multiple buildings on the same parcel of land;
• The landlord or their relative must move in within thirty days of the tenant vacating and must live in the unit for at least one year; and
• The landlord must be a natural persons who has the largest ownership interest in the building or in the entity that owns the building.  Id.

How much notice am I entitled to for an owner or relative move-in eviction under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants must be provided with a ninety-day written notice to vacate.  Beverly Hills, Cal. Mun. Code § 4-5-509.  The notice must be filed with the city clerk before serving the notice to the tenant.  Id.

Am I protected from an owner or relative move-in eviction under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants who are senior citizens or who are disabled, cannot be evicted for an owner or relative move-in unless there is no other unit on the parcel of land comparable to the type of unit sought by the landlord or relative.  Beverly Hills, Cal. Mun. Code § 4-5-509.  Whether a unit is comparable to the type of unit sought by the landlord or relative shall be determined by the city.  Id.  For purposes of this section, “senior citizen” is defined as a tenant who is 65 years old or older.  Id.   The ordinance does not define the term “disabiled.”  Id.

What requirements must be met by the landlord to evict a tenant through an Ellis Act eviction under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

An Ellis Act eviction means that the landlord wants to remove the property from the rental market.  In order to do so, they must remove all units in the building from the rental market, not just one.   Beverly Hills, Cal. Mun. Code § 4-5-513.  But, if there are multiple buildings on the same parcel of land and each building has at least four units, the landlord may choose to withdraw the units in only one or more of the buildings.  Id.

Before providing the tenants with a notice to vacate, the landlord must file certain documents with the city and the county to obtain approval.  Id.  A copy of the documents must also be filed with the Rent Board.  Id.

Once a tenant receives their notice to vacate, the tenant will have thirty days to notify the landlord in writing that they are interested in re-occupying if the unit is offered in the future for re-rental.  Id.

If I am evicted through an Ellis Act eviction and my landlord intends to re-rent my unit, do I have a right to reoccupy it under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  If the units are reoffered for rent within two years from the effective date of withdrawal, the landlord must provide notice to the city and offer the units back to the tenants at the same rent rate plus any allowable increases.  Beverly Hills, Cal. Mun. Code § 4-5-513.  The offer to re-rent a unit is only applicable to those tenants who, prior to vacating, notified the landlord in writing of their desire to re-rent.  Id.  Tenants may also sue the landlord for actual damages they incurred as a result of the eviction.  Id.

If the units are offered for rent within five years, the landlord must offer the unit to the tenant at the same rent rate plus any allowable increases.  Id.  And, if it is offered back within ten years, the landlord must provide tenants with a right of first refusal to re-rent the unit.  Id.  If the landlord fails to offer the right of first refusal, the tenant may sue the landlord for punitive damages in an amount not to exceed sixmonths’ rent at the rental rate the tenant was paying when evicted.  Id.

How much notice am I entitled to for an Ellis Act eviction under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants are entitled to a 120-day written notice to terminate their tenancy.  Beverly Hills, Cal. Mun. Code § 4-5-513.

Am I protected from an Ellis Act eviction under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Generally, tenants are not protected from an Ellis Act eviction, but a tenant may be entitled to a longer notice period.  Households with a tenant who is sixty-two years or older or disabled within the meaning of Government Code Section 12955.3, and who has resided in the unit for more than one year, are entitled to a one-year notice.  Beverly Hills, Cal. Mun. Code § 4-5-513.  Tenants who are eligible for the extension of time must provide the landlord a written notice of their eligibility within sixty days of the notice of intent to withdraw the property was delivered to the city.   Id.

What requirements must be met by the landlord to evict a tenant for demolition, to move unit, or for condominium conversion under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

A landlord may seek in good faith to recover possession of a building to demolish it, move it,  or to convert the to condominiums, stock cooperatives, or community apartments.  Beverly Hills, Cal. Mun. Code § 4-5-511.  Generally, to do so, before the landlord serves the tenant a notice to vacate, they must file all necessary applications, obtain approval for a demolition permit, moving permit, or tentative conversion map, and must pay all applicable city fees.  Id.  In addition, the landlord must notify the Rent Board of their application and permit approval.  Id.

How much notice am I entitled to for an eviction due to demolition, to move a unit, or for condominium conversion under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants that must vacate due to a demolition, to move a unit, or for conversion of their building must be provided with a ninety-day written notice that has been approved by the Rent Board.   Beverly Hills, Cal. Mun. Code § 4-5-511.

A ninety-day notice is not required when the demolition is mandated by law to be performed earlier than ninety days.  Id.  A ninety-day notice is also not required when the notice is served to a tenant who then vacates based on the notice and the unit is subsequently re-rented to a new tenant, as long as the new tenant was informed in writing that the termination of tenancy notice had been given to the prior tenant.  Id

What requirements must be met by the landlord to evict a tenant for a major remodel under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

A landlord can require a tenant to vacate a unit if they seek in good faith to do alteration work on the building for the purposes of major remodeling.  Beverly Hills, Cal. Mun. Code § 4-5-512.  There is not a specific type of work that is considered a major remodel.  A major remodel is a remodel or reconstruction of more than one unit in the building that meets the minimum remodel cost per unit.  Id.  The minimum remodel cost per unit is $7,000 for a studio, $10,000 for a one-bedroom, $15,000 for a two-bedroom, and $20,000 for three or more bedrooms.  Id.

Before the landlord serves the tenant a notice to vacate, they must obtain approval from the Rent Board by providing proof that they have complied with all city requirements for the major remodel, such as obtaining proper permits.  Id.

The rules pertaining to the remodel work, the timeline for remodel, the setting of the rent for the newly remodeled unit, the election of a tenant to be relocated to a comparable building in the unit in lieu of relocation payment, the ability of the evicted tenant to reoccupy the completed unit, and the reoccupied rental rate calculation are complex.  A tenant that receives an eviction notice for a major remodel should speak with a tenant lawyer to determine what their rights and options are.

How much notice am I entitled to for an eviction due to a major remodel under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants are entitled to a one-year notice.  Beverly Hills, Cal. Mun. Code § 4-5-512.  The notice is not required when the major remodel has been mandated by law to be performed sooner than a year.  Id.  A one-year notice is also not required when the notice is served to a tenant who then vacates based on the notice and the unit is subsequently re-rented to a new tenant, as long as the new tenant was informed in writing that the major remodel termination of tenancy notice had been given to the prior tenant.  Id

RELOCATION PAYMENTS FOR NO-FAULT EVICTIONS:

How much are the relocation benefits for no-fault evictions under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants who are evicted through a no-fault reason are entitled to relocation fees.  Beverly Hills, Cal. Mun. Code § 4-5-601.  Tenants must be paid the fee at the time they vacate unit.  Beverly Hills, Cal. Mun. Code § 4-5-602.  If more than one tenant resides in the unit, the payment is split evenly among the tenants.  Beverly Hills, Cal. Mun. Code § 4-5-603.

The fees are calculated on July 1 of every year.  Beverly Hills, Cal. Mun. Code § 4-5-605.  As of this writing, the current relocation fees are as follows:  $6,726.53 for a studio, $9,936.10 for a one-bedroom, and $13,461.75 for a two or more bedrooms.  Id.  Households with senior citizens, disabled individuals, and children are entitled to an additional $2,000.  Id.  A “senior citizen” for purposes of relocation payment is a tenant that is 62 years old or older.  Beverly Hills, Cal. Mun. Code § 4-5-202.  And a “disabled” tenant means “any person who is receiving benefits from a federal, state, or local government, or from a private entity on account of a permanent disability that prevents the person from engaging in regular, full time employment.” Id.

Can a landlord elect to relocate a tenant to a comparable unit in lieu of paying a relocation fee under Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  A landlord can chose to relocate a tenant to a comparable replacement apartment instead of paying the relocation fee.  Beverly Hills, Cal. Mun. Code § 4-5-606.  A tenant cannot unreasonably refuse the replacement apartment.  Id.  Comparable means that the unit is “the same size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, churches, and synagogues, amenities, and location in the city.”  Id.  If the tenant moves to the replacement unit, the landlord shall pay for the tenant’s moving costs.  Id.

PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW:

Can I sue my landlord for violating Chapter 5 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants may sue their landlord for a wrongful eviction if a landlord evicts a tenant for an owner or relative move-in, and the owner or relative does not move in.  Beverly Hills, Cal. Mun. Code § 4-5-703.  The landlord will be liable to the tenant for treble (triple) the amount of the rent which would have been payable by the tenant had the tenant not been evicted, and for the entire period of the eviction, not exceeding 6 months.  Id.  The tenant shall also be entitled to reasonable attorney fees and costs as determined by the court.  Id.

Tenants may also sue their landlord for reimbursement of unlawful rent increases or for unpaid relocation benefits.  Beverly Hills, Cal. Mun. Code § 4-5-705.  The landlord shall be liable to the tenant for damages in the amount of $500 or not more than three times the amount by which the payment or payments demanded, accepted, received, or retained exceed the lawful amount of rent or relocation fees due to the tenant, whichever is greater.  Id.  The prevailing party in any such suit shall be entitled to reasonable attorney fees and costs as determined by the court.  Id.

CHAPTER 6 RENT STABILIZATION (PART II):
Applies to Tenants Whose Move-in Rent Was More Than $600

Can tenants waive their rights under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

No.  Any provision in a rental agreement that waives a tenants rights under the ordinance is against public policy and void.  Beverly Hills, Cal. Mun. Code § 4-6-4.

Are landlords required to register their properties with the City under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  Landlords are required to register all properties that are subject to the ordinance.  Beverly Hills, Cal. Mun. Code § 4-6-10.  In addition, the property must be re-registered anytime it is re-rented after a vacancy, and the landlord must file a registration amendment anytime there is a change in management or ownership.  Id.  If a landlord fails to register their property, they cannot raise the tenant’s rent.  Id.

Are landlords required to notify tenants about their rights under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  Unlike tenants whose tenancies fall under Chapter 5 protections, tenants whose tenancies fall under Chapter 6 must be provided with a written notice of their rights at least twenty-four hours before executing a lease or rental agreement.  Beverly Hills, Cal. Mun. Code § 4-6-5.  The notice must contain the following information:

• Tenant rights under and information about the ordinance, including the amount of the annual rent increase that is allowed;
• Any parking restrictions in the area adjacent to the building the tenant will reside in;
• A statement that at the termination of the lease agreement, unless the lease is extended or a new lease is entered into, a month-to-month tenancy will be created;
• A statement that a month-to-month tenancy can only be terminated for just-cause;
• Information regarding the City’s occupation requirements; and
• A statement that state laws may establish certain additional rights and responsibilities of landlords and tenants.  Id.

A copy of the notice must be retained by the landlord for the duration of the tenancy.  Id.  There is a rebuttable presumption that the landlord never provided the required notice if they cannot produce it upon a written request for a copy.  Id.

If a landlord fails to provide the written notice they shall be subject to an administrative penalty of $500.  Id.  The notice requirement is not applicable to a lease or rental agreement that is entered into within six months of the effective date of the ordinance.  Id.

Which properties are covered under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

If you live in a multi-unit building that was built before February 1, 1995, and your move-in rent was more than $600, you have rent control and just cause for eviction protections under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance. Beverly Hills, Cal. Mun. Code § 4-6-1.

The following properties are exempt:

• Units that are subject to Chapter 5 protections;
• Units built after February 1, 1995;
• Single-family homes;
• Rooms or accommodations in hotels, motels, boarding houses, or lodging houses which are rented to transient guests for a period of less than thirty consecutive days;
• Condominiums;
• Units in nonprofit cooperatives owned and controlled by a majority of the residents; and
• Units owned, operated or managed by a government agency that are specifically exempted from municipal rent regulation by state or federal law or administrative regulation.  Id.

ALLOWABLE RENT INCREASES

How much can my rent be increased under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

A tenant’s rent may be raised once every 12 months up to 3% or by the county Consumer Price Index (“CPI”) percent increase, whichever is greater.  Beverly Hills, Cal. Mun. Code § 4-6-3.

Can my landlord file a petition to increase my rent beyond the allowable increase percent under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  Landlords may seek approval from the Rent Board for an upward adjustment for a just and reasonable return on their property.  Beverly Hills, Cal. Mun. Code § 4-6-11.  Tenants can appear at the hearing for the adjustment to object to the increase.  Id. 

JUST-CAUSE EVICTION PROTECTIONS:

What are the just-cause reasons for eviction under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

If your landlord does not have a just-cause reason to evict you, they cannot force you out of your rent-controlled home.  Beverly Hills, Cal. Mun. Code § 4-6-6.

The just-causes under Chapter 6 are the following:

• Failure to pay rent. 
• Violation of lease agreement that a the tenant has failed to cure.
• Nuisance. 
• Use of the unit for an illegal purpose.  Illegal purpose includes exceeding the allowable number of people allowed per unit.  Id.  Three people are allowed in a studio unit.  For a 1-bedroom unit that is 1200 sq ft or less, 4 people are allowed, and 5 people allowed if the unit has more than 1200 sq. ft.  In a 2-bedroom unit that is 1500 sq ft or less, 5 people are allowed, and if the unit is more than 1500 sq ft, 6 people are allowed.  If the unit has 3 bedrooms and is 2100 sq ft or less, 7 people are allowed, and if it has more than 2100 sq ft, 8people are allowed.
• Refusal to sign a new lease agreement or extension after a prior lease expires. The new proposed lease agreement or extension must contain the same terms and duration as the prior lease. 
• Refusal to provide a landlord with reasonable access to the unit. 
• Unapproved subtenants holding over.
• Owner or relative move-in. 
• Change of building manager. 
• Demolish the building, move the building, or convert to condominiums. 
• Major remodel. 
• Withdrawal of the unit from the rental market (Ellis Act eviction). 
• Disruptive Tenant.  Id.

What is a “disruptive tenant” under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

A disruptive tenant is a tenant that (1) repeatedly or continually disturbs the peace and quiet enjoyment of another tenant in the building or (2) antagonizes, intimidates, or bullies another tenant in the building, and the disruptive tenant does not stop the behavior when requested to do so by the other tenant or by the landlord.  Beverly Hills, Cal. Mun. Code § 4-6-6.

How can a “disruptive tenant” be evicted under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

In order to evict a disruptive tenant, the landlord must file an application with the Rent Stabilization Program (“Rent Board”) to obtain a hearing on the matter.  Beverly Hills, Cal. Mun. Code § 4-6-6.  The landlord must first provide the tenant with at least one written warning about their behavior before they can apply for a hearing.  Id.  The landlord bears the burden of proof to establish the disruptive nature of the tenant.  Id.  After the hearing, if the Rent Board determines the tenant is a disruptive tenant, the landlord may serve the tenant with a thirty-day or sixty-day notice of termination, whichever is applicable based on length of tenancy.  Id. 

What requirements must be met by the landlord to evict a tenant through an owner or relative move-in under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

The landlord must have good faith to move into or move his family member (spouse, children, or parents) into the unit.  Beverly Hills, Cal. Mun. Code § 4-6-6. 

All of the following conditions must also be met:

• There are no vacant comparable units in the building at any time during the notice period;
• The unit the landlord wants to move into must be occupied by the most recent tenant to the building;
• A landlord may only do an owner move-in to one unit at the property even if there are multiple buildings on the same parcel of land;
• The landlord or their relative must move in within thirty days of the tenant vacating and must live in the unit for at least one year; and
• The landlord must be a natural persons who has the largest ownership interest in the building or in the entity that owns the building. Id.

How much notice am I entitled to for an owner or relative move-in eviction under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants must be given a ninety-day written notice to vacate.  Beverly Hills, Cal. Mun. Code § 4-6-6.  The notice must be filed with the city clerk prior to serving it to the tenant.  Id.

Am I protected from an owner or relative move-in eviction under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants who are senior citizens or who are disability, cannot be evicted for an owner or relative move-in unless there is no other unit on the parcel of land comparable to the type of unit sought by the landlord or relative.  Beverly Hills, Cal. Mun. Code § 4-6-6.  Whether a unit is comparable to the type of unit sought by the landlord or relative shall be determined by the city.  Id.  For purposes of this section, “senior citizen” is defined as a tenant who is sixty-five years old or older.  Id.   The ordinance does not define disability.  Id.

What requirements must be met by the landlord to evict a tenant through an Ellis Act eviction under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

An Ellis Act eviction means that the landlord wants to remove the property from the rental market.  In order to do so, they must remove all units in the building from the rental market, not just one.   Beverly Hills, Cal. Mun. Code § 4-6-6.  But, if there are multiple buildings on the same parcel of land and each building has at least four units, the landlord may choose to withdraw the units in only one or more of the buildings.  Id.

Before providing the tenants with a notice to vacate, the landlord must file certain documents with the city and the county.  Id.  A copy of the documents must also be filed with the Rent Board.  Id.

Once a tenant receives their notice to vacate, the tenant will have thirty days to notify the landlord in writing that they are interested in reoccupying if the unit is offered in the future for re-rental.  Id.

If I am evicted through an Ellis Act eviction and my landlord intends to re-rent my unit, do I have a right to reoccupy it under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  If the units are reoffered for rent within two years from the effective date of withdrawal the landlord must provide notice to the city and offer the units back to the tenants at the same rent rate plus any allowable increases.  Beverly Hills, Cal. Mun. Code § 4-6-6.  The offer to re-rent a unit is only applicable to those tenants who, prior to vacating, notified the landlord in writing of their desire to re-rent.  Id.  Tenants may also sue the landlord for actual damages they incurred as a result of the eviction.  Id.

If the units are offered for rent within five years, the landlord must offer the unit to the tenant at the same rent rate plus any allowable increases.  Id.  And, if it is offered back within ten years, the landlord must provide tenants with a right of first refusal to re-rent the unit.  Id.  If the landlord fails to offer the right of first refusal, the tenant may sue the landlord for punitive damages in an amount not to exceed six months of rent.  Id.

How much notice am I entitled to for an Ellis Act eviction Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants are entitled to a 120-day written notice to terminate their tenancy.  Beverly Hills, Cal. Mun. Code § 4-6-6.

Am I protected from an Ellis Act eviction under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Generally, tenants are not protected from an Ellis Act eviction, but a tenant may be entitled to a longer notice period.  Households with a tenant who is sixty-two years or older or disabled within the meaning of Government Code Section 12955.3, and who has resided in the unit for more than one year, are entitled to a one-year notice.  Beverly Hills, Cal. Mun. Code § 4-6-6.  Tenants who are eligible for the extension of time must provide the landlord a written notice of their eligibility within sixty days of the notice of intent to withdraw the property was delivered to the city.   Id.

What requirements must be met by the landlord to evict a tenant for demolition, to move a unit, or for condominium conversion under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

A landlord may seek in good faith to recover possession of a building to demolish it, move it,  or to convert the units into condominiums, stock cooperatives, or community apartments.  Beverly Hills, Cal. Mun. Code § 4-6-6.  Generally, to do so, before the landlord serves the tenant a notice to vacate, they must file all necessary applications, obtain approval for a demolition permit, moving permit, or tentative conversion map, and must pay all applicable city fees.  Id.  In addition, the landlord must notify the Rent Board of their application and permit approval.  Id. 

How much notice am I entitled to for an eviction due to demolition, for a unit to be moved, or for condominium conversion under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants that must vacate due to a demolition, for a unit to be moved, or for condominium conversion must be provided with a 90 days’ written notice that has been approved by the Rent Board.   Beverly Hills, Cal. Mun. Code § 4-6-6. 

A ninety-day notice is not required when the demolition is mandated by law to be performed earlier than ninety days.  Id.  A ninety-day notice is also not required when the notice is served to a tenant who then vacates based on the notice and the unit is subsequently re-rented to a new tenant, as long as the new tenant was informed in writing that the termination of tenancy notice had been given to the prior tenant.  Id

What requirements must be met by the landlord to evict a tenant for a major remodel under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

A landlord can require a tenant to vacate a unit if they seek in good faith to do alteration work on the building for the purposes of major remodeling.  Beverly Hills, Cal. Mun. Code § 4-6-6.  There is not a specific type of work that is considered a major remodel.  A major remodel is a remodel or reconstruction of more than one unit in the building that meets the minimum remodel cost per unit.  Id.  The minimum remodel cost per unit is $7,000 for a studio, $10,000 for a one-bedroom, $15,000 for a two-bedroom, and $20,000 for three or more bedrooms.  Id.

Before the landlord serves the tenant a notice to vacate, they must obtain approval from the Rent Board by providing proof that they have complied with all city requirements for the major remodel, such as obtaining necessary permits.  Id.

The rules pertaining to the remodel work, the timeline for remodel, setting of the rent for the newly remodeled unit, election of a tenant to be relocated to a comparable building in the unit in lieu of relocation payment, the ability of the evicted tenant to reoccupy the completed unit, and the reoccupied rental rate calculation are complex.  A tenant that receives an eviction notice for a major remodel should speak with a tenant lawyer to determine what their rights and options are.

How much notice am I entitled to for an eviction due to a major remodel under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants are entitled to a one-year notice.  Beverly Hills, Cal. Mun. Code § 4-6-6.  The notice is not required when the major remodel has been mandated by law to be performed sooner than a year.  Id.  A one-year notice is also not required when the notice is served to a tenant who then vacates based on the notice and the unit is subsequently re-rented to a new tenant, as long as the new tenant was informed in writing that the termination of tenancy notice had been given to the prior tenant.  Id

RELOCATION PAYMENTS FOR NO-FAULT EVICTIONS:

How much are the relocation benefits for no-fault evictions under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants who are evicted through a no-fault reason are entitled to relocation fees.  Beverly Hills, Cal. Mun. Code § 4-6-9. Tenants must be paid the fee at the time they vacate unit.  Id.  If more than one tenant resides in the unit, the payment is split evenly among the tenants. Id.

The fees are calculated on July 1 of every year.  Id.  As of this writing, the current relocation fees are as follows:  $6,726.53 for a studio, $9,936.10 for a one-bedroom, and $13,461.75 for a two or more bedrooms.  Id.  Households with senior citizens, disabled individuals, and children are entitled to an additional $2,000.  Id.  A “senior citizen” for purposes of relocation payment is a tenant that is 62 years old or older.  Beverly Hills, Cal. Mun. Code § 4-5-0.  And a “disabled” tenant means “any person who is receiving benefits from a federal, state, or local government, or from a private entity on account of a permanent disability that prevents the person from engaging in regular, full time employment.” Id.

Can a landlord elect to relocate a tenant to a comparable unit in lieu of paying a relocation fee under Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Yes.  A landlord can chose to relocate a tenant to a comparable replacement apartment instead of paying the relocation fee.  Beverly Hills, Cal. Mun. Code § 4-6-9.  A tenant cannot unreasonably disagree with the replacement apartment.  Id.   Comparable means that the unit is “the same size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, churches, and synagogues, amenities, and location in the city.”  Id.  If the tenant moves to the replacement unit, the landlord shall pay for the tenants moving costs.  Id.

PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW:

Can I sue my landlord for violating Chapter 6 of the City of Beverly Hills Rent Stabilization Ordinance?

Tenants may sue their landlord for reimbursement of unlawful rent increases or for unpaid relocation benefits.  Beverly Hills, Cal. Mun. Code § 4-6-12.  The landlord shall be liable to the tenant for damages in the amount of five hundred dollars $500 or not more than three times the amount by which the payment or payments demanded, accepted, received, or retained exceeded the lawful amount of rent or relocation fees due to the tenant, whichever is greater.  Id.  The prevailing party is entitled to reasonable attorney fees and costs as determined by the court.  Id.  Tenants may also be entitled to damages and reasonable attorney fees and costs if the tenant is forced to defend themselves against any wrongful action filed in court against the tenant by the landlord to recover the possession of the tenant’s unit.  Id.

CALIFORNIA TENANT PROTECTION ACT OF 2019

Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the City of Beverly Hills Rent Stabilization Ordinance?

Some tenants in the City of Beverly Hills may not fall under the protections of Chapter 5 or Chapter 6 of the Rent Stabilization Ordinance, but they may have state law protections.

The rent-ceiling and just-cause eviction protections under the State of California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of Beverly Hills that are not covered by the Beverly Hills Rent Stabilization OrdinanceChapter 5 or Chapter 6 and that otherwise meet the requirements of state rent control.  In general, the city’s rent-ceiling and just-cause for eviction protections apply to buildings with two or more units that were built before February 1, 1995.  If your Beverly Hills building was built after February 1, 1995, or is one of the exempt buildings under the city’s ordinance, please read our guide to determine if your unit is covered by State of California Rent Control rent caps and just-cause eviction protections.

Tenants who believe their landlord has violated the City of Beverly Hills Rent Stabilization Ordinance should contact Tobener Ravenscroft at (415) 504-2165 to discuss their options with a tenant rights attorney.