TENANT HABITABILITY
PLAN FOR PRIMARY RENOVATION PROGRAM
INFORMATION & INSTRUCTIONS
Rent Stabilization Bulletin
STATEMENT OF PURPOSE
The
City of Los Angeles has adopted the Tenant Habitability Program (Program) to
facilitate landlord
investment
in Primary Renovation Work without subjecting tenants to either an untenantable
housing
condition
during such renovation work or forced permanent displacement. The Program
requires
landlords
to mitigate such temporary untenantable conditions, either through actions to
ensure that
tenants
can safely remain in place during construction or through the temporary
relocation of tenants
to
alternative housing accommodations. These two options should not be regarded as
mutually
exclusive
but rather as complementary approaches that might be appropriate to different
stages of
the
renovation process.
GOVERNING
AUTHORITY
The
Program went into effect on May 2, 2005. The requirements of the Program are
set forth in Los
Angeles
Municipal Code (LAMC) Section 152.00 and in Rent Adjustment Commission (RAC)
Regulation
710.00.
Both of these documents provide more detailed information about the THP than is
presented
in
this program summary.
Primary
Renovation Work is work that is performed either on a rental unit or on the
building
containing
the rental unit that improves the property by prolonging its useful life or
adding value,
and
involves either or both of the following:
1.
Replacement or substantial modification of any structural, electrical, plumbing
or
mechanical
system that requires a permit under the LAMC.
2.
Abatement of hazardous materials, such as lead-based paint and asbestos, in
accordance
with
applicable federal, state, and local laws.
Related
Work includes any improvement or repair which in and of itself does not
constitute Primary
Renovation
Work, but which is undertaken in conjunction with and is necessary to the
initiation and/
or
completion of Primary Renovation Work.
Tenant
Habitability Plan is a document submitted by a landlord to the HCIDLA identifying
any
impact
that Primary Renovation Work and Related Work will have on the habitability of
a tenant’s
permanent
place of residence and the steps the landlord will take to mitigate the impact
on the
tenant
and the tenant’s personal property during the period that the Primary
Renovation Work and
Related
Work are undertaken.
Rent Stabilization Bulletin
Temporary
Relocation is the resettlement of a tenant from the tenant’s permanent
residence to a
habitable
housing accommodation in accordance with a Tenant Habitability Plan (THP). The
temporary
relocation of a tenant fro his/her permanent place of residence shall not
constitute the
voluntary
vacation of the unit and shall not terminate the status and rights of a tenant,
including the
right
to reoccupy the same unit, upon the completion of the Primary Renovation Work
and any
Related
Work, subject to any rent adjustment as may be authorized under the Ordinance.
Notice
of Primary Renovation Work is a written notice, using a form established by the
Los Angeles
Housing
+ Community Investment Department (HCIDLA), that is served by the landlord upon
a tenant or
tenant household at least 60 days prior to commencing any Primary Renovation
Work or Related Work
advising the tenant of forthcoming Primary Renovation Work and Related Work,
the impact of such
work on the tenant, and measures the landlord will take to mitigate the impact
on the tenant.
FURTHER
CRITERIA FOR IDENTIFYING PRIMARY RENOVATION WORK
The
following criteria shall be used to determine whether proposed permitted work
constitutes
Primary
Renovation Work:
• The proposed work includes the replacement of
existing water or gas supply lines, the
replacement
of existing drain waste lines, or the installation of additional new supply or
waste
lines.
• The proposed work includes the replacement of
electrical wiring or circuits, the replacement of
an
electrical service panel, or the addition of new wiring or circuits.
• The proposed work includes the replacement or
upgrading of a heating, ventilation, or air
conditioning
(HVAC) system or the replacement, upgrading, or initial, installation of an
elevator
system.
• The proposed work includes additions,
modifications or improvements to the foundation or to the
structure
(including the roof) that expose the building frame or compromise the building’s
security,
weather protection or fire protection.
• The proposed work includes the abatement of
hazardous materials, such as, but not limited to
lead-based
paint and asbestos, in accordance with applicable federal, state and local
laws.
TEMPORARY
RELOCATION
In
completing a Tenant Habitability Plan (THP), a landlord must indicate whether
the temporary
relocation
of one or more tenant households is necessary. Temporary relocation is required
whenever
Primary
Renovation Work will (a) make the rental unit an untenantable dwelling outside
of the hours
of
8:00 AM through
5:00 PM,
Monday through Friday, (b) expose the tenant at any time to toxic or
hazardous
materials including, but not limited to, lead-based paint and asbestos, or (c)
otherwise
endanger
the health or safety of the tenant.
The
temporary relocation of a tenant under the Program does not constitute the
voluntary vacating
of
that rental unit and does not terminate the status and rights of a tenant,
including the right to
reoccupy
the tenant’s rental unit upon the completion of the Primary Renovation Work. A
tenant who
is
temporarily relocated as a result of Primary Renovation Work continues to pay
rent in the manner
prescribed
by any lease provision or acceptance in the course of business between the
landlord and the
tenant. The landlord, in turn, pays for all temporary housing accommodation
costs regardless of whether
those costs exceed rent paid by the tenant.
PER
DIEM PAYMENT TO TENANTS
A
landlord and tenant may mutually agree to allow the landlord to pay the tenant
a per diem amount
for
each day of temporary relocation instead of the landlord providing temporary
replacement
housing.
A landlord and tenant may also agree for the landlord to pay the tenant a fixed
payment to
cover
moving and temporary storage of tenant personal property. In either case, the
agreement shall
be
written in the language in which the original lease was negotiated, signed by
the landlord and
tenant,
and contain the tenant’s acknowledgment that the tenant received notice of
tenant rights
under
the Program and understands those rights. The landlord shall provide the
Department with a
copy
of this agreement within 15 days of its execution. Agreement forms for both
purposes are
included
in the Notice of Primary Renovation Work.
PERMANENT
RELOCATION
Any
tenant, who will be affected by Primary Renovation Work for a period of 30 days
or more, may
elect
Permanent Relocation Assistance provided the tenant notifies the landlord of
the decisions
within
15 days from the service of the Notice of Primary Renovation Work. In addition,
a tenant may
demand
Permanent Relocation Assistance following written notice from either the
landlord or the
HCIDLA
that the Primary Renovation Work and Related Work will continue for 30 or more
days longer than
the projected completion date stated in the THP or any modifications thereto
accepted by the Department.
The
landlord has 15 days from the receipt of an eligible request for relocation
assistance to provide
same,
either through a direct payment to the tenant or through payment to an escrow
account.
Relocation
amounts are households which include a senior citizen or disabled person or
minor
dependent
child are qualified tenant households. All other households are eligible
tenants.
Relocation Assistance
Amounts
|
Effective July 1, 2014
through June 30, 2015
|
Tenants
|
Tenants
with Less Than 3 Years
|
Tenants
with 3 or
More Years
|
Low Income Tenants
|
Eligible Tenants
|
$7,700
|
$10,200
|
$10,200
|
Qualified
Tenant
|
$16,350
|
$19,300
|
$19,300
|
2015 HUD Low Income Limits for Los Angeles
(Formerly known as 80%
of AMI)
|
Household
Size
|
1 Person
|
2 Person
|
3 Person
|
4 Person
|
5 Person
|
6 Person
|
7 Person
|
8 Person
|
Income
Limit
|
$46,500
|
$53,150
|
$59,800
|
$66,400
|
$71,750
|
$77,050
|
$82, 350
|
$87,650
|