The Culver City Rent Control Ordinance And Tenant Protections Ordinance:
On October 30, 2020, the Culver City Rent Control Ordinance, which regulates how much a landlord can increase a tenant’s rent, and the Tenant Protections Ordinance, which prohibits evictions unless the landlord has a just-cause reason, went into effect. The Tenant Protection Ordinance also prohibits retaliation and harassment by landlords, sets relocation payments for no-fault evictions, and regulates buyout agreements.
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ALLOWABLE RENT INCREASES UNDER THE CULVER CITY RENT CONTROL ORDINANCE
Are landlords required to register their residential rental units under the Culver City Rent Control Ordinance?
Yes. Landlords must register their rental units annually and the registration must be updated when there is a new tenancy and when there is a change in housing services. Culver City, Cal., Mun. Code § 15.09.230. Landlords who fail to properly register their property are prohibited from demanding or accepting rent for the rental unit. Id. Owners who believe their property is exempt from the city’s rent control ordinance must file a written declaration and supporting documentations to the rent board. Id. If they fail to do so, the property will be subject to the ordinance. Id.
Can tenants waive their rights under the Culver City Rent Control Ordinance?
No. Tenants cannot waive their rights under the law. Culver City, Cal., Mun. Code § 15.09.255. A rental or lease agreement that waives or modifies any provision of the ordinance is void. Id.
What units are protected under the Culver City Rent Control Ordinance?
All properties with at least two units that were built before February 1, 1995, are subject to the rent-ceiling limits under the ordinance unless they fall under one of the exemptions below. Culver City, Cal., Mun. Code § 15.09.210.
Units that are not subject to the Culver City rent-ceiling limitations are the following:
- Units built after February 1, 1995.
- Single-family homes, condominiums, and townhomes.
- Government subsidized units such as Section 8.
- Units where there is a subdivided interest in a subdivision such as a community apartment project or stock cooperative under Cal., Bus. and Prof. Code § 11004.5(b), (d) and (f).
- Units exempt under state or federal law. Id.
Tenants who do not live in a rental unit that falls under the purview of the City’s ordinance may have rights under the California Tenant Protection Act of 2019, which is the State’s rent control and eviction control law. See below for further information.
Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the Culver City Rent Control Ordinance?
The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Culver City that are not covered by the Culver City Rent Control Ordinance and that otherwise meet the requirements of state rent control. If your Culver City unit is one of the exempt buildings under the City’s ordinance, please read our guide to determine if your unit is covered by California Rent Control rent caps.
How much can my rent be increased under the Culver City Rent Control Ordinance?
A tenant’s rent may be increased once every twelve months and the increase cannot exceed the average annual percent change to the Consumer Price Index (“CPI”). Culver City, Cal., Mun. Code § 15.09.215(B). If the change in the CPI is less than 2%, a tenant’s rent may be increased by up to 2%, and if the change to the CPI is more than 5%, a tenant’s rent may only be increased by 5%. Id.
If your tenancy was subject to the Interim Rent Control Ordinance that was in effect before October 30, 2020, your rent may be increased sooner than twelve months following the date of your last permitted rent increase, but the prior increase under the interim ordinance combined with the increase under the permanent ordinance cannot be more than the allowable percentage permitted above. Culver City, Cal., Mun. Code § 15.09.215(B)(4).
Is my landlord required to return overpaid rent under the Culver City Rent Control Ordinance?
Yes. If a tenant discovers that they have been paying more than what is allowed under the ordinance, the landlord must either pay the tenant the overpayment in a lump sum or provide the tenant with a credit against rent due for up to six months. Culver City, Cal., Mun. Code § 15.09.215(C).
Can a landlord set the rent to whatever they want under the Culver City Rent Control Ordinance after a tenant vacates?
Landlords can set the rent to any amount following a vacancy if the prior tenant had voluntarily vacated, was evicted for fault, or if the tenant was evicted for an owner move-in eviction and the owner has resided in the unit for three years. Culver City, Cal., Mun. Code § 15.09.215(D)(1).
Landlords cannot set the rent to any amount if the vacancy was due to landlord harassment, an eviction within the first twelve months of the tenancy when just-cause eviction protections have not yet begun, or a buyout agreement with the landlord due to uninhabitable conditions pursuant to section 15.09.330(F) of the ordinance. Culver City, Cal., Mun. Code § 15.09.215(D)(2). If any of these situations occurred, the rent must be set at the rate in effect at the time the tenant vacated. Id.
Can a tenant petition for a rent reduction under the Culver City Rent Control Ordinance?
Yes. Tenants may petition the rent board if they receive a rent increase notice that is not in compliance with the ordinance or when they receive a reduction in the provided housing services. Culver City, Cal., Mun. Code § 15.09.235. Housing services under the ordinance are “repairs, replacement, maintenance, painting, utilities, heat, water, elevator service, laundry facilities, recreational areas and/or pools, janitorial service, refuse removal, furnishings, parking, storage, and security services.” Culver City, Cal., Mun. Code § 15.09.205.
Can a landlord petition for a rent increase above the allowable annual percentage under the Culver City Rent Control Ordinance?
Yes. Landlords may petition the rent board to increase the rent beyond the allowable amount to obtain a fair and reasonable return on their property. Culver City, Cal., Mun. Code § 15.09.220(A). Landlords can also petition to pass through costs of capital improvement to tenants. Culver City, Cal., Mun. Code § 15.09.225.
What is a capital improvement passthrough rent increase under the Culver City Rent Control Ordinance?
Landlords must petition and obtain rent board approval to pass their capital improvement costs on to their tenants. Culver City, Cal., Mun. Code § 15.09.225(C). If approved, the landlord can pass through up to 50% of their capital improvement costs. Culver City, Cal., Mun. Code § 15.09.225(A).
Eligible capital improvements are the following:
- Additions to the common areas of the building that have a useful life of five years or more such as the addition of air conditioning, security gates and other security items, swimming pool, sauna or hot tub, fencing, garbage disposal, washing machine or clothes dryer, dishwasher, major appliances, meter conversions, children’s play equipment permanently installed on the premises, and other similar improvements as determined by the rent board.
- Substantial improvements to any structural, electrical, plumbing, or mechanical system that requires a permit under state or local law, such as a required seismic retrofit.
- Abatement of hazardous materials, such as lead-based paint or asbestos, in accordance with applicable federal, state, or local law.
- Regular maintenance and repairs are not capital improvements. Culver City, Cal., Mun. Code § 15.09.225(B).
The landlord must file their passthrough application within 120 days after the completion of the work and mail a copy to all affected tenants within five days of filing. Culver City, Cal., Mun. Code § 15.09.225(C)(1). Tenants may contest the landlord’s application.
Can I stop my landlord from making capital improvements inside my unit under the Culver City Rent Control Ordinance?
If a landlord wants to perform capital improvements that are not required by law inside a tenant’s unit, the landlord must obtain the written consent of the tenant, or the cost cannot be passed through to the tenant. Culver City, Cal., Mun. Code § 15.09.225(D). Tenants cannot unreasonably withhold their consent for improvements. Id.
JUST CAUSE EVICTION UNDER THE CULVER CITY TENANT PROTECTIONS ORDINANCE
Can tenants waive their rights under the Culver City Tenant Protections Ordinance?
No. Tenants cannot waive their rights under the law. Culver City, Cal., Mun. Code § 15.09.355. A rental or lease agreement that waives or modifies any provision of the ordinance is void. Id.
What units are protected under the Culver City Tenant Protections Ordinance?
All units in Culver City have just cause for eviction protections except units where the tenant has lived in the unit for less than twelve months and units where the tenant shares a kitchen or bathroom with the landlord or the landlord’s relative. Culver City, Cal., Mun. Code § 15.09.310(A).
Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the Culver City Tenant Protections Ordinance?
The just-cause eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Culver City that are not covered by the Culver City Tenant Protections Ordinance and that otherwise meet the requirements of state rent control. If your Culver City unit is one of the exempt units under the City’s ordinance, please read our guide to determine if your unit is covered by California Rent Control eviction protections.
What are the just-cause reasons for eviction under the Culver City Tenant Protections Ordinance?
A landlord must have a just-cause reason to terminate a tenancy covered by the Culver City Tenant Protections Ordinance. Culver City, Cal., Mun. Code § 15.09.310(B). If a landlord does not have one of the permissible reasons for eviction, they cannot force a tenant out of their home.
The following are the for-fault reasons for eviction:
- Failure to pay rent.
- Violation of a material term in the rental or lease agreement that the tenant failed to cure after a receiving a ten-day written notice to cure from the landlord.
- Refusal to give reasonable access to the unit after the landlord provided a written request to enter.
- Use of the unit to create a nuisance or for an illegal purpose.
- Termination of a resident manager who was not a tenant prior to becoming the resident manager. Culver City, Cal., Mun. Code § 15.09.315.
The following are the no-fault reasons for eviction:
- Landlord seeks in good faith to demolish the unit or remove the unit permanently from the rental market under state law. (Ellis Act)
- Landlord seeks in good faith to move into the unit, or for the landlord’s spouse, registered domestic partner, children, grandchildren, parents, or grandparents to move into the unit. (Owner or Relative Move-in)
- Landlord seeks in good faith to recover possession of a unit to comply with a deed restriction, regulatory restriction contained in an agreement with a government agency, or other recorded agreement such as for affordable housing.
- Landlord seeks in good faith to comply with a government agency’s order to vacate. Culver City, Cal., Mun. Code § 15.09.320.
How much notice am I entitled to for an owner or relative move-in eviction under the Culver City Tenant Protections Ordinance?
If you have resided in your unit for one or more years, you are entitled to a sixty days’ written notice to vacate. Cal. Civ. Code § 1946.1. If you have resided in your unit for less than a year, you are entitled to a thirty-days’ written notice to vacate. Id.
What requirements must be met by the landlord to evict a tenant through an owner or relative move-in under the Culver City Tenant Protections Ordinance?
Owners must comply with the following requirements for an owner or relative (owner’s spouse, registered domestic partner, children, grandchildren, parents, or grandparents) move-in under the ordinance:
- Must have a good-faith intent to reside in the unit as their principal place of residence for at least three years.
- Must move in within three months of the tenant vacating.
- If the rental contract was entered into on or after July 1, 2020, the contract must contain a provision that allows an owner or relative move-in or the tenant must agree in writing to the eviction. Culver City, Cal., Mun. Code § 15.09.320(B)(1).
In addition, the landlord or their relative can only regain possession of a unit if that unit contains the number of bedrooms needed, the unit is the most recently occupied unit in the building, and the tenant is not protected under the ordinance. Culver City, Cal., Mun. Code § 15.09.320(B)(3). However, the landlord or their relative can regain possession of a different unit if they have a medical necessity that is certified by their state licensed treating physician. Id.
Am I protected from an owner or relative move-in eviction under the Culver City Tenant Protections Ordinance?
If a tenant or a member of the tenant’s household falls under one of the below categories, the household is protected from an owner or relative move-in eviction:
- A person who is 62 years old or is disabled and has lived in the unit for at least 10 years. Culver City, Cal., Mun. Code § 15.09.320(B)(2)(a).
- A person who has been certified by their treating physician as terminally ill, regardless of their length of tenancy. Culver City, Cal., Mun. Code § 15.09.320(B)(2)(b).
- A person who is low income (pursuant to U.S. Housing Code Act of 1937 § 8, or as otherwise defined in Cal., Health and Safety § 50079.5). Culver City, Cal., Mun. Code § 15.09.320(B)(2)(c).
- A school-aged (pre-K through grade 12) child enrolled in public school and the vacate date falls during the school year. Culver City, Cal., Mun. Code § 15.09.320(B)(2)(d).
How much notice am I entitled to for an Ellis Act eviction under the Culver City Tenant Protections Ordinance?
Tenants are entitled to a 120-day written notice unless they are a tenant who meets the criteria for a longer notice period. Cal. Gov. Code § 7060.4(b).
A tenant is entitled to a one-year notice period if the tenant has resided in the rental unit for at least one year and is either 62 or older or disabled as defined by Cal. Gov. Code § 12955.3. Id.
The City’s ordinance is silent on how and when the tenant must request this extension from their landlord. Tenants should contact the rent board or speak with a tenant attorney about their rights if they have received an Ellis Act eviction notice and believe they qualify for an extension.
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 the Culver City Tenant Protections Ordinance?
While Cal. Gov. Code § 7060.2 authorizes a city to enact laws that regulate re-rental and re-occupancy by a tenant of a property that was withdrawn from the rental market, the City’s ordinance is silent on this issue. Tenants should contact a tenant lawyer to discuss their options if they were evicted through an Ellis Act eviction and their unit has been offered for re-rental.
RELOCATION ASSISTANCE UNDER THE CULVER CITY TENANT PROTECTIONS ORDINANCE
Am I entitled to relocation assistance if I am evicted for a no-fault reason under the Culver City Tenant Protections Ordinance?
Tenants who are evicted through a no-fault reason such as an owner or relative move-in, Ellis Act, demolition, or government agency order are entitled to permanent relocation benefits of three times the current monthly rent or three times the fair market rent determined by HUD, whichever is greater, plus $1,000. Culver City, Cal., Mun. Code § 15.09.325(A).
The relocation amount is paid to the household and is not paid per tenant. Culver City, Cal., Mun. Code § 15.09.325(B). Landlords are allowed to deduct from the relocation fee for any past due rent owed (except back rent accrued during the City’s Eviction Moratorium period), extraordinary wear and tear or damage caused by the tenant, cleaning, or any other purpose a security deposit can be used for if the security deposit is not enough to cover the charges. Id.
One half of the payment is due within five business days following the service of the notice to terminate, and the other half is due no later than five business days after the tenant has moved out. Culver City, Cal., Mun. Code § 15.09.325(B)(4).
Are some tenants ineligible for relocation assistance under the Culver City Tenant Protections Ordinance?
The following circumstances are exempt from relocation assistance:
- Before entering into a rental agreement, the tenant received a written notice that the landlord had already filed an application or had been approved by the city to subdivide or convert the building to a condominium, stock cooperative, or community apartment project.
- The landlord must comply with a government or court order to require the tenant to move out because of a natural disaster or act of God. Culver City, Cal., Mun. Code § 15.09.325(C).
What is a “small landlord” for purposes of relocation assistance under the Culver City Tenant Protections Ordinance?
A “small landlord” is a landlord who owns three or less rental units within or outside of Culver City and who is not a real estate investment trust, corporation, limited liability company with at least one member that is a corporation, or partnership in which at least one partner is a corporation. Culver City, Cal., Mun. Code § 15.09.305.
Small landlords are only required to pay 50% of the amount of relocation assistance otherwise due to a tenant who is being evicted for a no-fault reason. Culver City, Cal., Mun. Code § 15.09.325(A).
Am I entitled to relocation assistance if I must temporarily relocate because of uninhabitable conditions under the Culver City Tenant Protections Ordinance?
If a tenant must vacate for thirty days or less for the landlord to repair uninhabitable conditions, the landlord must provide a comparable unit for the tenant to relocate to or must provide a per diem payment to the tenant for relocation. Culver City, Cal., Mun. Code § 15.09.330. Temporarily relocated tenants are still responsible for paying their monthly rent during their displacement. Id.
The per diem includes the cost of a hotel or motel, meals if there are no cooking facilities, laundry if the tenant had laundry in their unit, and pet boarding costs. Culver City, Cal., Mun. Code § 15.09.330. While the ordinance does not specify any per diem amount, the landlord must pay the hotel or motel directly for lodging and all other expenses directly to the tenant. Id.
In lieu of paying a per diem amount, the landlord can offer the tenant a comparable unit that is the same in location, size, number of bedrooms, furnishings, appliances, accessibility, type and quality of construction, proximity to similar services, and amenities. Id. If the comparable unit is unfurnished the landlord must provide essential furnishings or pay for the tenant to move their furniture and household items to the temporary unit. Id.
A displaced tenant shall have the right to reoccupy their unit once the repairs are complete. Id. If the repair work ends up lasting for thirty days or longer, the tenant may choose to terminate the rental agreement and enter into a buyout agreement with the landlord. Culver City, Cal., Mun. Code § 15.09.330(F).
BUYOUT AGREEMEENTS UNDER THE CULVER CITY TENANT PROTECTIONS ORDINANCE
What is a buyout agreement under the Culver City Tenant Protections Ordinance?
A buyout agreement is a written agreement where a landlord and a tenant agree for the landlord to pay the tenant money to voluntarily move out of their rent-controlled unit.
What requirements must be followed for a landlord to offer a tenant a buyout under the Culver City Tenant Protections Ordinance?
Before a landlord may make a buyout offer to a tenant, the landlord must provide a written disclosure to the tenant of their rights under the ordinance. Culver City, Cal., Mun. Code § 15.09.335(A). The disclosure must include the following:
- The right not to enter into the buyout agreement.
- The right to consult an attorney.
- The right to consult the rent board.
- The right to rescind the buyout agreement any time up to forty-five calendar days after the agreement has been fully executed. Id.
Buyout agreements must be in writing, be provided in the tenant’s primary language, and must contain the tenant rights disclosures in bold and in 14-point font. Culver City, Cal., Mun. Code § 15.09.335(B). A buyout agreement cannot be for less than what the tenant would be entitled to in permanent relocation assistance under the ordinance. Id.
RETALIATORY EVICTION AND HARASSMENT UNDER THE CULVER CITY TENANT PROTECTIONS ORDINANCE
Am I protected from landlord retaliation under the Culver City Tenant Protections Ordinance?
If the primary intent of a landlord terminating a tenancy or refusing to renew a tenancy is retaliation and the tenant is not behind in rent, the landlord cannot force the tenant to vacate. Culver City, Cal., Mun. Code § 15.09.340(A). If a landlord attempts to recover possession of a unit within six months of a tenant exercising their rights under the law, it will be presumed that the landlord is retaliating against the tenant. Id. Retaliation is a defense to an unlawful detainer action. Id.
What types of activities are considered harassment and prohibited under the Culver City Tenant Protections Ordinance?
Landlords are prohibited from harassing tenants under the ordinance. Culver City, Cal., Mun. Code § 15.09.340(B). Specifically, landlords and their agents, contractors, subcontractors or employees shall not in bad faith violate Cal., Civil Code § 789.3 and § 1940.2, California’s Fair Employment and Housing Act (FEHA), the federal Fair Housing Act (FHA), or similar state and federal laws, or engage in any acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of a rental unit, including but not limited to the following:
- Interrupt, terminate, or fail to provide housing services required by the rental agreement or by federal, state, county, or local housing, health, or safety laws.
- Fail to perform repairs and maintenance required by the rental agreement or by federal, State, county or local housing, health, or safety laws.
- Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry standards or protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts.
- Abuse the right of entry into a rental unit.
- Repeatedly mistreat an occupant of the rental unit during in-person conversations, through social media postings or messages, or other communications, with language that a reasonable person would consider likely to cause fear or provoke violence.
- Influence or attempt to influence a tenant to vacate through fraud, intimidation, or coercion, which shall include but is not limited to threatening to report a tenant to the United States Department of Homeland Security.
- Threaten an occupant of the rental unit, by word or gesture, with physical harm.
- Knowingly and intentionally violate any law which prohibits discrimination against the tenant based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.
- Make a sexual demand on a tenant in order for the tenant to obtain needed maintenance on the rental unit, or to obtain a rent concession or additional housing services, or to avoid an eviction, or make other quid pro quo sexual demands on a tenant; subject a tenant to severe or pervasive unwelcome touching, kissing, or groping; make severe or pervasive unwelcome, lewd comments about a tenant’s body; send a tenant severe or pervasive unwelcome, sexually suggestive texts or enter the rental unit without invitation or permission; or engage in other actions that create a hostile environment.
- Take action to terminate any tenancy based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which the landlord knows is untenable under the facts known to the landlord.
- Remove a tenant’s personal property, furnishings, or any other items from the unit without the prior written consent of the tenant.
- Offer payments to a tenant to vacate (i.e., buyout offer) more than once every six months, after the tenant has notified the landlord in writing that they do not desire to receive further offers.
- Attempt to coerce a tenant to vacate with offers of payment to vacate, including offers of a buyout agreement, which are accompanied with threats or intimidation.
- Refuse to acknowledge receipt of a tenant’s rent payment.
- Refuse to cash a rent check for over 30 days.
- Request information that violates a tenant’s right to privacy including, but not limited to, residency or citizenship status, protected class status, or social security number, except as required by law or, in the case of a social security number, for the purpose of determining the tenant’s qualifications for a tenancy; or release any such information that is in landlord’s possession, except as required or authorized by law.
- Violate a tenant’s right to privacy in the rental unit, including but not limited to, entering, photographing, or video recording portions of a rental unit that are beyond the scope of an authorized entry or inspection.
- Interfere with a tenant’s right to quiet use and enjoyment of a rental unit.
- Other acts or omissions that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy.
- Interfere with the right of tenant to:
- (a) Organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection.
- (b) Provide access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at the property.
- (c) Convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or
- (d) Distribute and post literature in common areas, including lobby areas and bulletin boards, informing other tenants of their rights and of opportunities to participate in organized tenant activities. Culver City, Cal., Mun. Code § 15.09.340(B).
PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW
Can I sue my landlord for violating the Culver City Rent Control Ordinance?
Yes, tenants may sue their landlord for violation of the Rent Control Ordinance. Culver City, Cal., Mun. Code § 15.09.250. A landlord found to be in violation of this section shall be liable for money damages and for attorney fees and costs. Id.
The City may also chose to enforce this section and fine a landlord who violates the ordinance up to $1,000. Culver City, Cal., Mun. Code § 15.09.245(A). Each separate day, or any portion thereof, during which any violation occurs or continues, constitutes a separate violation. Culver City, Cal., Mun. Code § 15.09.245(E). The City can also file a lawsuit against the landlord for civil penalties, injunctive, declaratory and other equitable relief, restitution, and reasonable attorney fees and costs, and may take such other steps as necessary to enforce the law. Culver City, Cal., Mun. Code § 15.09.245(C). Further, a landlord found to have violated this ordinance is guilty of a misdemeanor. Culver City, Cal., Mun. Code § 15.09.245(D).
Can I sue my landlord for violating the Culver City Tenant Protections Ordinance?
Yes, tenants may sue their landlord for violation of the Rent Control Ordinance. Culver City, Cal., Mun. Code § 15.09.350. A landlord found to be in violation of this section shall be liable for money damages and attorney fees and costs. Id.
The City may also chose to enforce this section and fine a landlord who violates the ordinance up to $1,000. Culver City, Cal., Mun. Code § 15.09.345(A). Each separate day, or any portion thereof, during which any violation occurs or continues, constitutes a separate violation. Culver City, Cal., Mun. Code § 15.09.345(E). The City can also file a lawsuit against the landlord for civil penalties, injunctive, declaratory and other equitable relief, restitution, and reasonable attorney fees and costs, and may take such other steps as necessary to enforce the law. Culver City, Cal., Mun. Code § 15.09.345(C). Further, a landlord found to have violated this ordinance is guilty of a misdemeanor. Culver City, Cal., Mun. Code § 15.09.345(D).
Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they believe their landlord has violated any section of the Culver City Rent Control Ordinance and Tenant Protections Ordinance.