17.52.110 Temporary Repossession for Authorized Corrections.
a. A landlord shall provide relocation benefits as set forth in subsection (f) to a displaced tenant when the landlord is required to temporarily recover possession of a rental unit in order to comply with housing, health, building, or safety laws of the State of California or the City of West Hollywood, or if a tenant is required to vacate a rental unit upon the order of any government officer or agency, or during fumigation that cannot be completed when a rental unit is occupied.
b. The landlord shall be required to complete any work to a rental unit within three months of the start of a tenant’s displacement unless the landlord can demonstrate to the Director or their designee a reasonable basis for the necessity of an extension. The Director or their designee shall monitor the progress of such work by requiring a report from the landlord and inspecting the rental unit every thirty days during the period of the tenant’s displacement from their rental unit.
c. If the government officer or agency orders relocation, notice shall be provided to the landlord and all affected tenants of the relocation requirements and responsibilities pursuant to this section. This notice may include a copy of this section. Notice shall be deemed effective upon deposit in the United States mail, personal service, posting on the property, or telephonic communication. Failure to provide notice as specified in this subsection shall not relieve the landlord of any obligation under this section.
d. A landlord shall provide relocation benefits as set forth in subsection (f) to any senior citizen, disabled tenant, or any other tenant with an identified mobility issue upon that tenant’s request when no elevator serving the tenant’s rental unit has been operative for a consecutive seventy-two hours. For the purposes of this subsection, the following definitions shall apply: (i) “senior citizen” shall have the same meaning as the definition at subsection (21) of Section 17.08.010 of this title; (ii) “disabled tenant” shall have the same meaning as the definition at subsection (10) of Section 17.08.010 of this title, or anyone living with HIV/AIDS; (iii) “mobility issue” means an inability to conduct daily activities without access to a functional elevator, including guardians of young children, or anyone who identifies as having a mobility issue.
e. A landlord shall provide essential services at the landlord’s expense to any tenant who qualifies for the relocation benefit under subsection (d) when no elevator serving the tenant’s rental unit has been operative for a consecutive twenty-four hour period upon that tenant’s request. For the purposes of this subsection, “essential services” means those services necessary to the maintenance of a household including, but not limited to, access to food, potable water, medicine, transportation, and pet care services.
f. The landlord shall provide the tenant with the following relocation benefits at rates no less than those established by the City Council pursuant to subsection (g), unless otherwise agreed upon by the landlord and tenant, during the temporary displacement period:
1. Relocation to a hotel or motel accommodation which is safe, sanitary, comparable to the tenant’s sleeping arrangement, includes on-site or nearby parking, and is located in West Hollywood, or within two miles of the city’s boundaries or the tenant’s residence, and contains standard amenities such as a telephone and television;
2. Reasonable compensation for meals, if the temporary accommodation lacks cooking facilities;
3. Reasonable compensation for laundry, if the rental unit included laundry facilities inside the unit and the temporary accommodation does not include laundry facilities inside the unit; and
4. Reasonable accommodation for pets that were permitted in the rental unit under the terms of the rental agreement or by law if the temporary accommodation does not accept pets.
g. The City Council shall establish by resolution reasonable per diem rates for the following items of temporary relocation expenses required under this section. Rates shall be adjusted each year as set forth by City Council resolution and in the manner prescribed by subsection (c) of Section 17.52.020 of this title, unless otherwise provided by the resolution.
1. Hotel or motel accommodations, including parking;
2. Meal allowance;
3. Laundry allowance; and
4. Pet accommodations, including requirements that prioritizes housing pets with their caregivers during the period of displacement.
h. Unless otherwise agreed upon by the landlord and tenant, the landlord shall make payment directly to the lodging accommodations and pet accommodations facility as required under subsections (f)(1) and (f)(4), respectively. The landlord shall pay for lodging, even if the cost of such lodging is more expensive than the tenant’s existing per diem rental unit rate. All other compensation under subsection (f) shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.
i. The landlord shall have the option, in lieu of providing tenant relocation in accordance with subsection (f), of providing the tenant with comparable housing at any time during the period of the displacement. Such housing shall be comparable to the tenant’s rental unit in location, size, number of bedrooms, furnishings, accessibility, parking spaces, type and quality of construction, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets permitted under the rental agreement or by law. If the landlord provides comparable housing at any time during the period of displacement, the tenant shall be entitled to remain at that same comparable housing unit during the period of displacement. The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant’s existing rental unit. If the temporary housing is unfurnished, the landlord shall provide essential furnishings and household items or pay reasonable moving costs for the tenant to move essential furniture and household items to and from the temporary housing. No party providing housing pursuant to this subsection or involved in the transaction to provide or occupy such housing shall be subject to the requirements of Section 19.36.331 or 19.48.060(A)(1) of this code or any penalties therein.
j. If displacement exceeds thirty days, the landlord shall, upon written request of the tenant, provide housing in accordance with subsection (i).
k. The temporary housing required by this section shall be provided immediately upon service of any governmental order or notice to vacate. In the event the tenant is not required to immediately vacate, temporary housing shall be provided as of the vacation date.
l. The displacement and relocation of a tenant pursuant to this section shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental unit to comply with housing, health, building or safety laws or any governmental order and the tenant shall retain all rights of tenancy that existed prior to the displacement.
m. The tenant shall remain responsible to pay rent to the landlord that is due for the tenant’s existing rental unit during the period of displacement.
n. The landlord and the tenant may mutually agree upon a housing type or benefits other than the temporary housing or benefits required by this section, provided that any agreement is in writing, filed with the Department, and includes a statement in bold letters in at least fourteen-point type in close proximity to the space reserved for the signature of the tenant that this section was provided to the tenant.
o. If the landlord fails, neglects, or refuses to comply with this section, the city may advance relocation benefit payments to the tenant. If the city advances relocation benefit payments to which the tenant is entitled from the landlord, the city shall be entitled to recover from the landlord any amount paid to a tenant or service provider pursuant to this section or any other provision of this chapter and the city’s actual costs, including direct and indirect costs of administering the provision of benefits to the displaced tenant. Upon presentation of an itemized invoice by the city, the landlord shall pay the full balance due within thirty days of mailing of said invoice. Any costs that remain unpaid after payment becomes due shall be deemed a debt owed by the landlord to the city. Any person owing money to the city under the provisions of this section shall be liable in an action brought in the name of the City of West Hollywood for the recovery of such amount and a civil penalty equal to the sum of one-half the amount so paid, but not to exceed ten thousand dollars ($10,000.00).
p. Nothing in this section shall be construed to require the city to pay any relocation benefits to any tenant, or assume any obligation, requirement, or duty of the landlord pursuant to this section.
q. Nothing in this section shall be construed as authorizing a landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law.
r. “Landlord” as used in this section means the property owner or their representative, and no tenant leasing any portion of a dwelling unit with the landlord’s consent shall be liable for the obligations set forth herein.
s. This section does not apply when the condition in the rental unit is caused by a utility-wide outage beyond the landlord’s immediate control.
t. If a landlord has provided any temporary relocation benefit pursuant to this section, the landlord may not deduct any portion of the previously paid temporary relocation benefit from the relocation fee required by Sections 17.52.010(13) and 17.52.020.
u. Violations of this section are subject to the administrative penalty provisions of Chapter 1.08 of this code.
v. The remedies under this section are cumulative and in addition to any other remedies available under federal, state, or local law.
w. This section may be suspended by the City Manager or their designee following the declaration of a local emergency pursuant to Chapter 2.80 of this code.
(Ord. 21-1149 § 2, 2021; Ord. 16-977 § 1, 2016; Ord. 99-548 § 69, 1999; prior code § 6413(k))