Glendale Rent Control

March 5, 2019

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February 28, 2019

The confusing 13 page ordinance is simplified into a 2 page pamphlet.





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#rentcontrol #glendale #multifamily #relocation #righttolease

February 13, 2019

There are many moving parts in this newly adopted ordinance. Because of its complexity we are working with the city attorney to best relay the details of this ordinance to you. Any and all updates will be provided here www.glendalerentcontrol.com periodically and to the best of our understanding. We make no promises to the accuracy or applicability.

As of last night 2/12/19 the remaining council members, voted 3-0 and adopted rent control in the city of Glendale.
The biggest modification comes in terms of relocation costs. If an owner wanted/needed to raise a tenant’s rent passed the 7% cap, a sliding scale relocation cost kicks in. Aside from any personal opinion here about giving tenants leverage and real property rights, the process is somewhat complex. If that tenant lived in the unit 3 years or less, the owner would pay 3 months’ worth of the PROPOSED new rent. So if the rent was $1,400 and new rent sought is $1,600, then landlord must pay 3 months of $1,600 not their current rent! It gets better. If the tenant lived there over 3 years then a sliding scale goes into effect. For those whose income is less than AMI + 30%, approximately an annual income of $90,000, the following will apply. 4 years of tenancy = 4 months of proposed new rent. 5 years = 5 months of proposed rent, and finally 6 or more years of tenancy = 6 months of proposed new rent.

Additionally, the ordinance has BANKING included, removal of non-binding arbitration, and pilot subsidy program from city of Glendale.
This ordinance does NOT effect multifamily buildings in Glendale that were built after 1995. 4 units or less are subject to the ordinance however, only face a 3 month flat relocation cost.
On all forthcoming lease offers, an additional page will need to be incorporated that outlines the ordinance and right ts to tenants. We will be forwarding this upon request.

To discuss or for a copy of the ordinance in its entirety, email info@alexanianadvisors.com or call 818 239-1206
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February 6, 2019

Just when you thought things couldn’t get any crazier in the city council meetings…. Only 3 of 5 left.

Last nights meeting involved only 3 of the 5 council members, mayor temporarily recusing himself and council member Najarian being conflicted out. 

Moving on:
The meeting proved that landlords are not backing down. We showed up in larger numbers than the tenant union and made some very valid arguments in the limited 2 minutes per speaker.
The below are 5 key points that we observed in general and in response to the city released original draft ordinance (can be found at the bottom of this page)

1.
High likelihood that council will be voting to this coming Tuesday 2/12. The unknown variable here is the allowance of the Mayor to take part in these proceedings.

2.
7% max allowable for 12 month term seemed unanimous for council.

3.
The “rent review” in the original draft below, allowed owners who underwent major renovations to seek an increase over the 7%
They are considering removing this component, which would suggest that any justifiable increase above the cap would trigger relocation fees (which are currently 3 to 6 months their current rent)

4.
Rent registry likely to be removed.
We made it very clear that this is a clear infringement on private property rights and a management nightmare. Initially they were requesting that owners register with the city the buildings they own, type of units, rent levels and when vacancies come about.

5.
1 year lease offered only if raising rents.
Initially, they talked about converting every month to month tenant to 1 new 1 year lease. Now it looks to be 1 year lease offered at time of increase where tenant goes month to month afterwards, until increase notice.

In conclusion:
However labeled, this is still rent control. Less than 1% of residents have experienced unfair landlord practices, however the city’s approach rather than addressing those cases directly, have decided to use a broad brush approach for every owner.
Additionally, if there is an affordability issue, no landlord or even the city council can change that. Unfortunately the city it seems is trying to pass the burden onto landlords to “fix” the issue, which we all know will not make any difference. If they can’t afford rent today, they can’t afford it with rent control. Their income won’t go up. As a father and son team, we have represented almost 3,000 apartments in the area. We know first-hand and have communicated to council, that 98% of owners in Glendale typically raise less than 5% or less. In many cases, rents haven’t been raised in 5 years! If anything, some Glendale landlords have helped the affordability issue for many. I have spoken to so many owners stating that if this passes, they will start raising every year. The tenant union is actually causing contention between landlord and tenants with several issues already coming about.

Our gut feeling is that a 7% cap will pass likely this month. To discuss how this will translate and affect your investments, we encourage you to meet with us for a no-obligation conversation. We have offices in Burbank, Glendale & La Canada.

(818) 239-1206
info@alexanianadvisors.com
bre#01513975

We continue to fight for the rights of landlords in our city, but your voice needs to be heard. PLEASE EMAIL COUNCIL MEMBERS.

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Added January 27, 2019

ORDINANCE NO. ______
AN URGENCY ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA AMENDING
SECTIONS 9.30.010; 9.30.020; 9.30.035; 9.30.040; 9.30.050; ADDING 9.30.022; 9.30.025;
9.30.033; 9.30.042; 9.30.055; 9.30.060; 9.30.080; 9.30.110; AND REPEALING 9.30.032 OF
TITLE 9 OF THE GLENDALE MUNICIPAL CODE, 1995, RELATING TO OFFERS OF ONE
YEAR LEASES, NON-BINDING RENT REVIEW, ADDITIONAL RELOCATION RIGHTS

WHEREAS, increasing rents and stagnant area median income have created a growing
affordability gap in Glendale between income and rents demonstrated by the increase in
overpaying renter households; and

WHEREAS, the housing supply in Glendale, particularly available rental housing, is not
adequate to serve the needs of the community; and

WHEREAS, despite the extensive efforts of the City Council, Housing Authority, and
City staff, community members have continued to express concern about the need for more
immediate measures to address rental costs and the availability of affordable, decent, safe, and
sanitary rental housing; and

WHEREAS, the City Council and Housing Authority solicited input and discussed rental
relief options; and

WHEREAS, the reports to the City Council and Housing Authority included rental market
data, household incomes, growth projections and census date demonstrating increasing rents,
the impact of these Rent increases on renter households and household income levels, and
displacement of renters caused by significant or excessive Rent increases; and

WHEREAS, the City currently does not regulate rental amounts or rent increases; and

WHEREAS, at its meeting of September 18, 2018, the City Council requested that a
report on rent control once again be prepared for discussion; and

WHEREAS, at its regular meeting of November 13, 2018, the City Council received a
report on rent stabilization, and directed City staff to prepare a report with more information on
regulatory programs including information on a Right to Lease Ordinance, annual caps on rent
increases, mandatory rent mediation, arbitration and/or rent adjustment hearing procedures,
sunset provisions and a rental subsidy program; and

WHEREAS, at its regular meeting of November 27, 2018, the City Council received
additional information, heard additional testimony, directed staff to prepare a Right to Lease
Ordinance, with options for arbitration/officer hearings for increased rents over certain
percentages and relocation, and adopted an ordinance establishing a temporary moratorium of
certain residential rent increases in the city;

WHEREAS, the Council desires to enact a requirement that landlords offer tenants a
written one year lease, where the rental rates are set in the agreement and may only be
increased once a year, non-binding rent review, and relocation for tenants who cannot afford a
rent increase above a certain percentage;

WHEREAS, the City Council finds and determines that in light of the announcement to
consider a Right to Lease Ordinance with procedures for increasing rents over a certain
percentage, landlords of eligible properties may have an immediate incentive to serve notices to
raise rents thereby displacing many tenants in the City who, because of a critically low vacancy
rate, will be compelled to find housing elsewhere and at higher rents; and

WHEREAS, based upon the above-described facts and circumstances, and for these
same reasons, the City Council finds that this ordinance is a necessary as an emergency
measure for preserving the public peace, health and safety, and therefore that it shall take effect
immediately upon its adoption but become enforceable on February 27, 2019; and

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
GLENDALE, CALIFORNIA:
SECTION 1. Section 9.30.010 of the Glendale Municipal Code, 1995 is hereby amended to
read as follows:
9.30.010 Legislative purpose.

The Council finds and declares that there is an increasing demand for rental housing in
the city of Glendale which has resulted in a critically low vacancy factor. In addition, an
increasing number of residential rental housing units have substandard living conditions and
reduced services. Tenants who have complained about substandard living conditions and/or a
reduction in services have been threatened with eviction, and oftentimes have been evicted.
Other tenants are fearful of eviction and, as a result, fail to complain about substandard living
conditions. This circumstance is disruptive to a stable living environment and has a detrimental
effect on the substantial numbers of renters in the city, particularly senior citizens, those with
low or moderate incomes and persons on fixed incomes.

The Council further finds and declares that in order to protect the health, safety and welfare
of the citizens of Glendale and to ensure that all residents of the city have a safe, habitable,
well-maintained and stable housing environment, without the fear of reprisal, the city council
enacts this chapter, and encourages property owners to provide well-maintained living units and
discourage retaliatory evictions. It is vitally important that Landlords provide for the care, upkeep
and maintenance of residential rental units so that they meet and continue to meet minimum
housing standards, particularly for those members of the community on limited or fixed incomes
who are least able to protect themselves from retaliation, are least able to find replacement
housing and who will accept substandard conditions due to the fear of termination of their
tenancy.

SECTION 2. Section 9.30.020 of the Glendale Municipal Code, 1995 is hereby amended to
read as follows:
9.30.020 Definitions.

Unless the context otherwise requires, the terms defined in this chapter shall have the
following meanings and govern the construction of this chapter.

“Base Rent” means the rental amount, including any amount paid to the Landlord for
parking, storage, utilities, water, garbage or any other fee or charge associated with a
residential property required to be paid by the tenant to the Landlord on September 18, 2018,
plus any lawful Rent Increases that was authorized by Ordinance No. 5919, entitled An
Ordinance of the City Council of the City of Glendale, California, Establishing a Temporary
Moratorium on Certain Residential Rent Increases in the City of Glendale. A tenancy which
began after September 18, 2018, Base Rent shall be the amount of the initial monthly Rent
charged for that Rental Unit, plus any Rent increase authorized Ordinance No. 5919.

“Eviction” means any action taken by the Landlord to remove a tenant involuntarily from
a rental unit and terminate the tenancy, whether pursuant to a notice to quit, or by judicial
proceedings, or otherwise.

“Hearing Officer” means a neutral person designated by the City Manager.

“Landlord” means any person, partnership, corporation, family trust or other business
entity offering for rent or lease any residential property in this city. With respect to any tenancy,

“Landlord” shall also be deemed to mean any person, partnership, corporation, family trust, or
other business entity that is a predecessor in interest or successor in interest to that tenancy, as
applicable.

“Lease Year” means the year during which the one year lease is in effect.

“Rent” means a fixed periodic compensation paid by a tenant at fixed intervals to a
Landlord for the possession and use of residential property, including any amount paid to the
Landlord for parking, storage, utilities, water, garbage, or any other fee or charge associated
with the tenancy. “Rent” includes costs associated with a ratio utility billing system which
allocates the property’s actual utility bill to the tenant based on an occupant factor, square
footage factor or any other similar factors.

“Rental complex” means one or more buildings used in whole or in part for residential
purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.

“Rent Increase” means any upward adjustment of the Rent.

“Rent Review” means a mandatory non-binding review process before a neutral Hearing
Officer as described more fully in Section 9.30.033.

“Rental unit” means a dwelling unit available for rent in the city of Glendale together with
the land and appurtenant buildings thereto and all housing services, privileges and facilities
provided in connection with the use or occupancy thereof, which unit is located in the structure
or complex containing a multiple dwelling, boarding house or lodging house.
The term “Rental unit” shall not include the following: rooms or accommodations in
hotels (as defined in section 4.32.020), boarding houses or lodging houses which are rented to
transient guests for a period of less than thirty (30) consecutive days; housing accommodations
in a hospital, convent, monastery, church, religious facility, extended care facility, asylum, nonprofit home for the aged; dormitories owned and operated by an institution of higher education,
or a high school or elementary school; rental units located on a parcel containing two or fewer
dwelling units; rental units within a common interest development, except when the rental unit’s
Landlord owns 50% or more of the units in the common interest development; rental units
owned or operated by any government agency or whose Rent is subsidized by any government
agency, including but not limited to subsidies under the federal government’s Housing Choice
Voucher program (Section 8); Rental units that require intake, case management or counseling
as part of the occupation, and an occupancy agreement; or Rental units subject to a covenant
or agreement, such as a density bonus housing agreement, inclusionary housing agreement or
an affordable housing agreement, with a government agency, including the City, the Housing
Authority, the State of California, or the federal government, restricting the rental rate that may
be charged for that unit.

“Tenant” means a person entitled by a written or oral agreement or by sufferance to occupy
a Rental unit to the exclusion of others, and actually occupy said Rental unit.

SECTION 3. Section 9.30.022 of the Glendale Municipal Code, 1995 is hereby added to
read as follows:

9.30.022 Rent Increases as of the Effective Date of this Ordinance.
As of the effective date of the ordinance enacting this section, no Landlord may request,
impose, charge or receive monthly Rent for any Rental Unit from an existing Tenant in amount
that exceeds the Base Rent, without providing the Tenant of the Rental Unit a new Rent
Increase notice and an offer of a one-year lease that meet the requirements of this chapter.
SECTION 4. Section 9.30.025 of the Glendale Municipal Code, 1995 is hereby added to
read as follows:

9.30.025 Requirement of offering one-year written leases.

A. Offer.
1. A Landlord shall offer in writing a lease with a minimum term of one year to:

a. Any prospective Tenant.

b. Any current Tenant at the first time the Landlord serves a notice of Rent
Increase following the effective date of the ordinance enacting this
section, unless the Landlord has notified the Tenant that the Tenant is in
default under the month to month tenancy and offering a lease to the
Tenant may waive any claims the Landlord has regarding the default.

2. Such offer must be made in writing and must include the monthly rate of Rent to
be charged for occupancy for the duration of the lease. Signing of a lease which
has a minimum term of one year shall be considered an offer in writing.

B. Acceptance. If the Tenant or prospective Tenant accepts the offer of a written lease
which has a minimum term of one year, this acceptance must be in writing. Signing a
lease which has a minimum term of one year will be considered an acceptance.

C. Rejection. If the Tenant rejects the offer of a written lease or does not accept the
Landlord’s offer within fourteen days of receipt of the written offer, then the offer of the
written lease shall be deemed rejected. If the Tenant or prospective Tenant rejects the
offer for a written lease which has a minimum term of one year, then the Landlord and
Tenant or prospective Tenant may enter into an agreement, oral or written, that provides
for a rental term of less than one year.

D. Request for Rent Review. If a lease offer or lease renewal offer for an existing tenancy
includes a rental increase in an amount the trigger the Rent Review provisions set forth
in section 9.30.033 of this Chapter, the time periods for the Tenant to accept the offer of
lease or lease renewal shall be tolled for the time period between the date the Tenant
files a request for Rent Review and the date that the Rent Review Hearing Officer makes
it determination on the Rent Review request.

E. Rent. If the Landlord and Tenant enter into a written lease which has a minimum term of
one year, such lease must set forth the amount of the Rent, which may not be modified
during the lease year.

F. Renewal of Lease. Not later than 120 days prior to the expiration of the lease and every
Lease Year thereafter that a written lease is in effect pursuant to this section, the
Landlord shall notify those Tenants identified in the lease of such expiration and offer in
good faith in writing to the Tenants a written lease or lease renewal with a minimum term
of one (1) year, provided there is no just cause for eviction pursuant to Section 9.30.030
of this Code. Such offer must be made in writing and must include the proposed monthly
rate of Rent for occupancy of the Rental unit, which may not be modified during the
lease year. Within sixty (60) days of receipt of such written offer, Tenant shall either
notify Landlord in writing of his or her acceptance of the offer of a written lease, as set
forth herein or reject the offer. Failure to accept the offer in writing shall be deemed a
rejection. If Tenant rejects the offer of a written lease which has a minimum term of one
(1) year, the Landlord and Tenant may then enter into an agreement, oral or written, that
provides for a rental term of less than one (1) year.

G. Annual Offer. Any time a Tenant rejects an offer of a written lease or written lease
renewal with a minimum term of one year, the landlord shall be required to subsequently
offer a one year lease under the following circumstance: upon the first date the Landlord
notices a rent increase after the first year anniversary of the Tenant’s rejection of the
prior lease or lease renewal offer.
H. Good Faith. This chapter requires the exercise of good faith, which shall mean honestly
and without fraud, collusion or deceit. It shall further mean that the written lease is not
being utilized as a method of circumventing any of the provisions of this chapter. An
example of good faith is when the Landlord offers in writing a lease which has a
minimum term of one (1) year, that lease is substantially similar to the written rental
agreement for a period of less than one (1) year.

I. Applicability. This section shall not apply to:
(1) A Rental unit occupied by a Tenant who subleases that unit to another Tenant for
less than one year; or
(2) A Rental unit where tenancy is an express condition of, or consideration for,
employment under a written rental agreement or contract or a unit leased to a
corporation.

SECTION 5. Section 9.30.040 of the Glendale Municipal Code, 1995 is hereby renumbered
to 9.30.031 and amended to read as follows:

9.30.031 Required information on notice to quit or other written notice of termination.
Prior to or at the same time as the written notice of termination set forth in Civil
Code Section 1946, or a three (3) days’ notice described in Code of Civil Procedure Sections
1161 and 1161(a), is served on the Tenant of the Rental unit:

A. The Landlord shall serve on the Tenant a written notice setting forth the reasons
for the termination with specific facts to permit a determination of the date, place and
circumstances concerning the reason. This notice shall be given in the manner prescribed by
California Code of Civil Procedure Section 1162 and may be combined with a written notice of
termination of tenancy or as a separate written notice. For purposes of Section 9.30.030G, at
the time that the Landlord serves the notice to vacate, the Landlord shall also serve the permit
to demolish the unit or the permit for capital improvements, along with any construction
estimates and schedule for performing the work.

B. The Landlord shall serve on the Tenant a written notice setting forth Tenant’s
right to relocation assistance as described in subsection A of Section 9.30.035, where the
termination of tenancy is based on the grounds set forth in subsection G, H, I or J of
Section 9.30.030.

SECTION 6. Section 9.30.032 of the Glendale Municipal Code, 1995 is hereby repealed:
9.30.032 Exemption.

A. Offering One (1)-Year Written Lease. A rental unit shall be exempt from this chapter, if
a landlord, willing to rent a rental unit to a tenant or prospective tenant, offers in good faith in
writing to the tenant or prospective tenant a written lease which has a minimum term of one (1)
year, and:
1. The tenant or prospective tenant accepts in writing the offer of a written lease which
has a minimum term of one (1) year. Signing the lease will be considered an acceptance; or
2. The tenant or prospective tenant rejects the offer for a written lease either in writing,
or by his or her failure to accept the offer of the lease within thirty (30) days of the offer,
provided that a lease with a term of one (1) year has been offered to the tenant. The landlord
and tenant or prospective tenant may then enter into a written rental agreement that provides for
rental terms substantially similar to the lease which has a minimum term of one (1) year, but for
a period of less than one (1) year. Every written rental agreement shall contain the following
notice, in at least eight (8) point bold face type and circumscribed by a box, immediately above
the space for tenant’s signature: “This rental unit is exempt from Chapter 9.30 of the Glendale
Municipal Code, Just Cause Eviction, because of the landlord’s offer of a written lease which
has a term of one (1) year.”
3. In the event of an existing tenant, the terms of the written lease shall be substantially
similar to the then existing rental terms.

B. Rent. If the landlord and tenant enter into a written lease which has a minimum term
of one (1) year, such lease must set the rent for the rental unit at a rate or rates certain and
these rates shall not be otherwise modified during the term of such lease, unless agreed upon
by mutual written agreement.

C. Renewal of Leases. If the landlord wishes to continue the landlord/tenant relationship,
then at least ninety (90) days prior to the expiration of the written lease, the landlord shall notify
those tenants identified in the lease or in a separate writing provided to the landlord of such
expiration and offer in good faith in writing to the tenants a written lease which has a minimum
term of one (1) year. Within thirty (30) days of receipt of such written offer, tenant shall either
notify landlord in writing of his or her acceptance of the offer of a written lease, as set forth in
subsection (A)(1) of this section or reject the offer. If tenant rejects the offer of a written lease
which has a minimum term of one (1) year, the landlord and tenant may then enter into an
agreement, oral or written, that provides for a rental term of less than one (1) year, which rental
unit shall continue to be an exempt rental unit. If the landlord wishes to continue the
landlord/tenant relationship, but without offering a written lease which has a minimum term of
one (1) year, then that rental unit shall be subject to the provisions of this chapter.

D. Termination. If the landlord wishes to terminate the rental relationship, then at least
ninety (90) days prior to the expiration of the written lease, the landlord shall notify tenant in
writing of his or her intent not to renew. Such notice shall be set forth in a writing separate from
the lease.

E. Good Faith. The good faith requirement in this section shall mean honestly and
without fraud, collusion or deceit. It shall further mean that the written lease is not being utilized
as a method of circumventing any of the provisions of this chapter. An example of good faith is
when the landlord offers in writing a lease which has a minimum term of one (1) year, that lease
is substantially similar to the written rental agreement for a period of less than one (1) year.

F. Notice. The notice herein required shall be given in the manner prescribed in Section
1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail
addressed to the other party. In addition, the tenant may give such notice by sending a copy by
certified or registered mail addressed to the agent of the landlord to whom the tenant has paid
the rent for the month prior to the date of such notice or by delivering a copy to the agent
personally.

G. Nonwaiver. Any waiver or purported waiver by a tenant of rights under this title prior to
the time when such rights may be exercised, except a rejection of a one (1) year lease offered
in accordance with this section, shall be void as contrary to public policy. (Ord. 5383, 2004: Ord.
5340 § 3, 2003)

SECTION 7. Section 9.30.033 of the Glendale Municipal Code, 1995 is hereby added to
read as follows:
9.30.033 Rent Review.

A. Notice of Availability of Rent Review.
1. Notice of Availability of Rent Review Required. In addition to the notice of a Rent
Increase required by Civil Code Section 827(b), and at the time and in the same notice when a
Landlord provides notice of any Rent Increase, the Landlord shall also provide notice of the
availability of the Rent Review procedure established by this Chapter. Any Rent Increase
accomplished in violation of this Chapter shall be void, and no Landlord may take any action to
enforce such an invalid Rent Increase. Any Rent Increase in violation of this Chapter shall
operate as a complete defense to an unlawful detainer action based on failure to pay any illegal
Rent Increase. Any Tenant required to pay an illegal Rent Increase may recover all illegal Rent
Increase amounts actually paid by the Tenant. If a Landlord fails to notice a Tenant properly
pursuant to this Chapter, the Landlord must re-notice the Tenant in accordance with this section
prior to demanding or accepting any increase in Rent.
2. Contents of Notice. All notices of the availability of Rent Review shall be in writing, and
in compliance with notice requirements of state law.
3. Text of Notice. In addition to all other information provided in the notice of the availability
of Rent Review required by this Chapter, each such notice shall state:
NOTICE: Under Civil Code Section 827(b) a Landlord must provide a Tenant with
thirty (30) days notice prior to a Rent Increase of ten percent (10%) or less and sixty (60)
days notice of a Rent Increase of greater than ten percent (10%). Under Title 9, Chapter
30 of the Glendale Municipal Code, a Landlord must, at the same time as a notice
under Civil Code Section 827(b) and other qualifying Rent Increases under the Municipal
Code and in the same notice, provide this notice of the City’s Rent Review procedure
before demanding or accepting any increase in Rent.
You are encouraged to contact the owner or manager of your Rental unit to discuss
the Rent Increase and any maintenance or repair work that needs to be done in your
Rental unit. However, if you have received notice of a Rent Increase that will increase
your Rent more than seven percent (7%) than you paid on the date that is twelve (12)
months prior to the effective date of the proposed Rent Increase, you may request that
the Hearing Officer review the increase in accordance with the rent review procedures
set forth in Chapter 9.30 of the Glendale Municipal Code.
Such a request must be submitted in writing within fourteen (14) days of your
receiving notice of the Rent Increase (or post marked within fourteen (14) days of receipt
if mailed). You must submit a copy of the Notice of Rent Increase at the same time you
submit the hearing request. If you request review, the Rent Increase, you and your
Landlord will be required to appear before the Hearing Officer for a hearing on your Rent
dispute. After hearing from you and your Landlord the Hearing Officer will make a nonbinding recommendation for resolution of the Rent dispute. To request review of your
Rent Increase, you must submit the attached form to the Hearing Officer through the
Community Development Department of the City of Glendale, Community Development,
633 E. Broadway Rm 103, Glendale, CA 91206.

B. Request for Rent Review.
1. A Tenant may seek a Rent Review heard before the Hearing Officer when a proposed
Rent Increase will increase the Rent to an amount that is more than seven percent (7%) above
the amount of the Rent on the date that was twelve (12) months prior to the effective date of the
proposed Rent Increase. The Tenant seeking a Rent Review must submit the hearing request
in writing to the Community Development Director within fourteen (14) days of the Tenant’s
receipt of a notice of Rent Increase. The hearing request must be received by the Community
Development Director, or post marked (if submitted by mail) within fourteen (14) days of receipt
of the notice of Rent Increase. The request must be submitted on the form provided by the
Community Development Department and accompanied by a copy of the Landlord’s notice of
increase.
2. The Community Development Director shall provide the Landlord with a copy of the
Tenant’s Rent Review hearing request, which shall be accompanied by a hearing response
form. A Landlord must submit a completed hearing response form to the Community
Development Director within ten (10) days of the Landlord’s receipt of a Tenant’s Rent Review
hearing request. The Landlord shall be deemed to be in receipt of the Tenant’s rent review
hearing request within 2 business days of the Community Development Director’s mailing of the
Rent Review hearing request and hearing response form. A Rent Increase shall be void if the
Landlord does not submit a hearing response form pursuant to this section. The Community
Development Director shall provide notice of the requirements of this section in a conspicuous
location on the hearing response form.
3. The hearing shall be scheduled before the Hearing Officer within sixty (60) days of the
receipt of the hearing request, or as soon thereafter as the hearing may be scheduled.
4. A request for Rent Review shall not delay the effective date of a Rent Increase. If
appropriate, the parties may enter into a mutual private agreement to delay the effective date of
a Rent Increase or reach any other agreement to reimburse Rent Increases effectively paid by
the Tenant.

C. Notice to Parties. After determining that a proposed Rent Increase meets the criteria for
initiation of Rent Review set forth in this chapter, the Community Development Director shall
schedule a Rent Review hearing of the Rent dispute before the Hearing Officer. The Community
Development Director shall provide the Landlord and the Tenant notice of the hearing date and
location at least ten (10) days prior to the hearing. The notice to the Landlord will encourage him
or her to contact the Tenant directly to seek a mutually satisfactory resolution of the Rent
dispute prior to the hearing.

D. Hearing and Determination. At a hearing of a Rent dispute, the Hearing Officer will
afford the Landlord and the Tenant an opportunity to explain their respective positions. After
hearing from both parties, and taking into consideration such factors as the hardship to the
Tenant, the frequency and amount of prior Rent Increases, the Landlord’s costs associated with
owning and maintaining the property, the Landlord’s interest in earning a reasonable rate of
return, and any other factors that may assist the Hearing Officer in determining a fair resolution
to the dispute, the Hearing Officer will make a recommendation to the parties for the resolution
of their dispute. If the parties agree to a resolution proposed by the Hearing Officer, they may
formalize the agreement in a standard form signed by both parties. Neither the City nor the
Hearing Officer shall be a party to such an agreement, nor shall the City or the Hearing Officer
assume any responsibility for enforcement of its terms.

E. Continuance. If the Landlord and Tenant are unable to reach a resolution of their dispute
during a hearing before the Hearing Officer, the Hearing Officer may in his/her discretion
continue the hearing to another date certain, and require the parties to return for a second and
final hearing of their dispute.

F. Tenant’s Election to Vacate; Relocation. If, after the Hearing Officer makes a
recommendation to resolve the dispute, the Landlord and Tenant are unable to reach a
resolution, and the Landlord elects to maintain the Rent Increase in amount that is more than
seven percent (7%) over a twelve month period, the Tenant may elect to vacate the Rental Unit,
and, in the case of such election, the Landlord shall (i) pay the Tenant relocation assistance in
accordance with Section 9.30.035 and (ii) at the Tenant’s request, the Landlord shall waive the
statutory requirement of Tenant’s notice to terminate the tenancy.

G. Failure to Appear. If the Tenant requesting a Rent Review hearing appears at a noticed
hearing, but the Landlord who has been given notice of the hearing as required herein fails to
appear without good cause as determined by the Hearing Officer, the Rent Increase shall be
void, and the Landlord may not take any action to enforce such an invalid Rent Increase. If a
Tenant who has been given proper notice of the hearing as required herein fails to appear
without good cause as determined by the Hearing Officer, or if both the Tenant and Landlord fail
to appear without good cause, the Hearing Officer shall dismiss the case and the Tenant will be
barred from subsequently challenging such increase.
1. For purposes of the hearing, “Landlord” shall include the agent or representative of
the Landlord, provided that such agent or representative shall have full authority to
answer for the Landlord and enter into binding agreements on the Landlord’s behalf.
2. For purposes of the hearing, “Tenant” shall include the agent or representative of the
Tenant, provided that such agent or representative shall have full authority to answer
for the Tenant and enter into binding agreements on the Tenant’s behalf.

SECTION 8. Section 9.30.035 of the Glendale Municipal Code, 1995 is hereby amended to
read as follows:

9.30.035 Required payment of relocation fee.

A. If the termination of tenancy is based on the grounds set forth in subsections G,
H, I or J of Section 9.30.030, then the landlord shall pay a relocation fee in the amount of the
product of two (2) three (3) times the amount of the actual rent paid by the tenant or fair market
rent as established by the U.S. Department of Housing and Urban Development for a rental unit
of similar size of that being vacated in Los Angeles County during the year the unit is vacated,
whichever is greater. plus one thousand dollars ($1,000.00).

B. If the termination of tenancy is caused by the Tenant’s election to vacate the unit in
accordance with subsection (F) of section 9.30.033 when the Landlord has imposed a Rent
Increase that increases the Rent by more than seven percent (7%) over a twelve month period
after the parties have completed the Rent Review process, the Landlord shall pay a relocation
fee equal to the product of [six (6) or three (3)] the amount of the Rent after the Rent Increase
imposed by the Landlord.fair market rent as established by the U.S. Department of Housing and
Urban Development for a rental unit of similar size of that being vacated in Los Angeles County
during the year the unit is vacated, if the termination of tenancy is based on:

C. The relocation fee shall be paid to the Tenant or Tenants as follows:
1. The entire relocation fee shall be paid to a Tenant who is the only Tenant in a
Rental unit; or
2. If a Rental unit is occupied by two (2) or more Tenants, then each Tenant of the
unit shall be paid a pro-rata share of the relocation fee.

D. Landlord may deduct from the relocation fee payable any and all past due Rent
owed by Tenant during the twelve (12) months prior to termination of tenancy and may deduct
from the relocation fee any amounts paid by the Landlord for any damage, cleaning, key
replacement, or other purposes served by a security deposit as defined by the rental
agreement, to the extent the security deposit is insufficient to provide the amounts due for such
costs. After taking into account any adjustments in the amount of the relocation assistance
provided herein, the Landlord shall pay the relocation fee as follows:
1. If the relocation fee is being paid pursuant to subsection (A) of this section, then
Landlord shall pay one-half of the relocation assistance no later than five (5)
business days following service of the notice to a Tenant of the termination and onehalf of the relocation assistance no later than five (5) days after the Tenant has
vacated the rental unit.
2. If the relocation assistance is being paid pursuant to subsection (B) of this section,
then Landlord shall pay one-half of the relocation fee no later than five (5) business
days following receipt of written notice that the Tenant intends to vacate the Rental
unit and one-half of the relocation fee no later than five (5) days after the Tenant has
vacated the Rental unit. If the Tenant ultimately fails to vacate the Rental unit, the
Tenant shall reimburse relocation fee to the Landlord.

E. Subsection (A) of this section shall not apply in any of the following
circumstances:
1. The Tenant received written notice, prior to entering into a written or oral tenancy
agreement, that an application to subdivide the property for condominium, stock cooperative or
community apartment purposes was on file with the city or had already been approved,
whichever the case may be, and that the existing building would be demolished or relocated in
connection with the proposed new subdivision, and the termination of tenancy is based on the
grounds set forth in subsections G or I of Section 9.30.030
2. The Tenant received written notice, prior to entering into a written or oral
agreement to become a Tenant, that an application to convert the building to a condominium,
stock cooperative or community apartment project was on file with the city or had already been
approved, whichever the case may be, and the termination of tenancy is based on the grounds
set forth in subsection G or I of Section 9.30.030
3. The Landlord seeks in good faith to recover possession of the Rental unit for use
and occupancy by a resident manager, provided that the resident manager is replacing the
existing resident manager in the same unit. For the purposes of this exception, a resident
manager shall not include the Landlord, or the Landlord’s spouse, children or parents.
4. The Landlord seeks in good faith to recover possession of the Rental unit in
order to comply with a governmental agency’s order to vacate the building housing the Rental
unit due to hazardous conditions caused by a natural disaster or act of God.
5. The Tenant receives, as part of the eviction, relocation assistance from another
government agency, and such amount is equal to or greater than the amount provided for by
Section 9.30.035
F. Subsection (B) of this section shall not apply, and a relocation fee shall not be
required to be paid, as to any rental unit that received a certificate of occupancy after February
1, 1995.
The landlord shall perform the acts described in this subsection within fifteen (15) days
of service of a written notice of termination described in California Civil Code Section 1946;
provided, however, the landlord may in its sole discretion, elect to pay the monetary relocation
benefits to be paid to a tenant pursuant to this subsection to the landlord’s attorney or to an
escrow account to be disbursed to the tenant upon certification of vacation of the rental unit.
The escrow account shall provide for the payment prior to vacation of all or a portion of the
monetary relocation benefits for actual relocation expenses incurred or to be incurred by the
tenant prior to vacation, including but not limited to security deposits, moving expense deposits
and utility connection charges.

G. The requirement to pay relocation assistance is applicable to all Rental units,
regardless of whether the Rental unit was created or established in violation of any provision of
law.

H. Nothing in this subsection relieves the Landlord from the obligation to provide
relocation assistance pursuant to any other provision of local, state or federal law. If a Tenant is
entitled to monetary relocation benefits pursuant to any other provision, of local, state or federal
law, then such monetary benefits shall operate as a credit against monetary benefits required to
be paid to the Tenant under this subsection.
I. Where applicable, written notice of Tenant’s entitlement to relocation assistance
shall be provided by the Landlord at the same time that the Landlord provides notice of
termination of tenancy from a Rental unit. Where a Landlord issues a notice of a proposed Rent
Increase that will increase the Rent more than seven percent (7%) during a twelve (12) month
period, the Landlord shall provide a written notice of Tenant’s potential entitlement to relocation
assistance at the same time that the Landlord provides notice of eligibility of Rent Review in
conjunction with the Landlord’s notice of Rent Increase.

J. Text of Notice. The notice of potential eligibility to relocation assistance shall
state:
NOTICE: Under Title 9, Chapter 30 of the Glendale Municipal Code, a Landlord
must provide qualifying Tenants this notice of the Tenant’s eligibility for relocation
assistance at the same time the Landlord provides a notice of termination of
tenancy or when a Landlord provides a notice of a Rent Increase that will
increase the Rent to an amount more than seven percent (7%) during a twelve
(12) month period and the Tenant elects to not remain in the residential unit,
subject to the rent review process set forth in Section 9.30.030 . Qualifying
Tenants are entitled to relocation assistance as follows: a relocation fee which
shall be the product of [six (6) / three (3)] times the Rent inclusive of the
proposed Rent Increase. Under Civil Code Section 1942.5 and Glendale
Municipal Code section 9.30.060, it is illegal for a Landlord to retaliate against a
Tenant for lawfully and peaceably exercising his or her legal rights.

SECTION 9. Section 9.30.050 of the Glendale Municipal Code, 1995 is hereby amended to
read as follows:

9.30.050 Affirmative defense and remedies.
In any action by a landlord to recover possession of a rental unit, the tenant may raise as
an affirmative defense any violation or noncompliance with the provisions of this chapter. (Ord.
5326, 2002)

A. Defense to Action to Recover Possession. Failure of a Landlord to comply with any of
the provisions of this chapter shall provide the Tenant with a defense in any legal action
brought by the Landlord to recover possession of the Rental unit or to collect Rent.

B. Injunctive Relief. A Tenant may seek injunctive relief on his or her own behalf and on
behalf of other affected Tenants to enjoin the Landlord’s violation of this chapter.

C. Money Damages. A Landlord may seek money damages for a Tenant’s failure to
reimburse relocation assistance if the Tenant ultimately fails to vacate the residential
property following a Landlord-caused termination where a Landlord provides a proposed
Rent Increase that raises the Rent, or proposed multiple Rent Increases that
cumulatively raise the Rent, to an amount more than seven percent (7%) greater than
the Rent at any time during a twelve (12) month period.

D. Remedies are Nonexclusive. Remedies provided in this section are in addition to any
other existing legal remedies and are not intended to be exclusive.

E. Cost Recovery. The prevailing party in an action for wrongful eviction and/or failure to
pay relocation assistance or reimburse relocation assistance shall recover costs and
reasonable attorneys’ fees.
SECTION 10. Section 9.30.055 of the Glendale Municipal Code, 1995 is hereby added to
read as follows:
9.30.055 Enforcement Procedures.
The City, at its sole discretion, may choose to enforce the provisions of this ordinance through
administrative fines, administrative citations and any other administrative procedure set forth in
Chapters 1.20 and 1.24 of the Municipal Code, as amended. The City’s decision to pursue or
not pursue enforcement of any kind shall not affect a Tenant’s rights to pursue civil remedies.

SECTION 11. Section 9.30.060 of the Glendale Municipal Code, 1995 is hereby amended
to read as follows:

9.30.060 Retaliation prohibited.
A. No Landlord may threaten to bring, or bring, an action to recover possession,
cause the Tenant to quit a Rental unit involuntarily, serve any notice to quit or notice of
termination of tenancy, decrease any services or increase the Rent where the Landlord’s intent
is to retaliate against the Tenant for the Tenant’s assertion or exercise of rights under this
chapter or under state or federal law; for the Tenant’s request or demand for, or participation in
Rent Review, mediation or arbitration under any public or private mediation program including,
but not limited to a program mandated by law or offered by the Glendale Apartment Association
Landlord Tenant 12/12 Rent Disclosure Program; or for the Tenant’s participation in litigation.
Such retaliation shall be a defense to an action to recover possession of the Rental unit, or it
may serve as the basis for an affirmative action by the Tenant for actual and punitive damages
and/or injunctive relief.

B. In an action against the Tenant, evidence of the assertion or exercise by the
Tenant of rights under this chapter or under state or federal law within one hundred eighty (180)
days prior to the alleged act of retaliation shall create a rebuttable presumption that the
Landlord’s act was retaliatory. “Presumption” means that the court must find the existence of the
facts presumed unless and until its nonexistence is proven by a preponderance of the evidence.
A Tenant may assert retaliation affirmatively or as a defense to the Landlord’s action without the
presumption regardless of the period of time which has elapsed between the Tenant’s assertion
or exercise of rights under this chapter and the alleged act of retaliation.

SECTION 12. Section 9.30.080 of the Glendale Municipal Code, 1995 is hereby added to
read as follows:

9.30.080 Rental Unit Registration.
For purposes of administering the requirements set forth herein, all Landlords subject to the
provisions of this chapter shall file with the Community Development Department (CDD) a
registration statement for all Rental units in accordance within the timeline and process
established by resolution of the City Council. Subsequent to the Council adoption of a resolution
establishing the rental unit registration program and process, landlords of rental units that
commence a new tenancy shall register the units within 30 days after commencement of a new
tenancy.

SECTION 13. Section 9.30.110 of the Glendale Municipal Code, 1995 is hereby added to
read as follows:

9.30.110 Nonwaiver.
Any waiver or purported waiver by a Tenant of rights under this chapter prior to the time when
such rights may be exercised, except a rejection of a one-year lease or renewal offered in
accordance with Section 9.30.025, shall be void as contrary to public policy.
Adopted by the Council of the City of Glendale on the _______ day of ________, 2019.
______________________________
Mayor
ATTEST:

___________________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF GLENDALE )
I, Ardashes Kassakhian, City Clerk of the City of Glendale, hereby certify that the foregoing
Ordinance was adopted by the Council of the City of Glendale, California, at a regular meeting
held on the _______ day of ________________, 2019, and that the same was adopted by the
following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
City Clerk

Posted on January 27, 2019 in Uncategorized

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