What units are covered by the rent caps of the City of Cudahy Rent Stabilization Ordinance?
All units built before February 1, 1995 have rent caps under the City of Cudahy Rent Stabilization Ordinance, except single-family homes, condominiums, townhomes; owner-occupied duplexes where the owner resided on the property at the start of the tenancy, short-term lodging such as hotels, motels, and boarding houses, state-licensed medical or care institutions; and affordable housing units subject to deed restrictions or government affordability agreements. Section 8 voucher units are covered by the rent caps.
Units not covered under the City of Cudahy Rent Stabilization Ordinance may have rent cap protection under the State of California Tenant Protection Act if the building is fifteen years or older and meets certain requirements.
Sec. 5.13.04
What units are covered by the just-cause eviction protection of the City of Cudahy Just Cause Tenant Protections Ordinance?
All units in Cudahy have eviction protection once at least one tenant has lived in the unit continuously for 12 months or more. After that, the landlord must have a legally valid reason to evict the tenant.
Units not covered by the City of Cudahy Just Cause Tenant Protections Ordinance may be covered under the State of California Tenant Protection Act which lists fifteen just causes for eviction.
Sec. 5.14.02
What is the annual allowable rent increase for tenancies covered by the City of Cudahy Rent Stabilization Ordinance?
For units covered by rent caps in Cudahy, the rent may only be increased by 3% per year or by the annual percent change in the consumer price index for the Los Angeles-Long Beach-Anaheim metropolitan area, whichever is lower. Landlords may only increase the rent if the unit is properly registered with the city. The landlord may only increase the rent once per year. If a landlord does not impose a rent increase in a given year, the landlord waives that increase for the remainder of the tenancy. Waived increases may not be banked. When a unit becomes vacant, the rent may be increased to market rate.
Sec. 5.13.05
May a landlord petition for a larger rent increase under the City of Cudahy Rent Stabilization Ordinance?
If a landlord believes that the rent caps under the City of Cudahy Rent Stabilization Ordinance are preventing the landlord from receiving a fair and reasonable return, the landlord may file a fair return petition. The landlord has the burden of proving that a larger rent increase is necessary to obtain a fair and reasonable return. The increase may not exceed California state rent cap laws.
Relevant factors in determining a fair return include changes in the consumer price index, the property’s rental history, changes in property taxes, capital improvements, changes in housing services, decreases in landlord income, prior violations of the rent law, and whether the increase would unfairly burden tenants.
Sec. 5.13.07
May a landlord pass through costs associated with capital improvements?
A landlord may pass through 50% of eligible capital improvement costs onto the tenant so long as the improvements are for the primary benefit of the tenant. The costs must be amortized over a useful life of at least five years. Eligible improvements may include adding amenities, updating the building’s infrastructure to the extent that it would require a permit, and removal of hazardous materials. The landlord may not charge tenants for ordinary maintenance or normal repairs, repairs caused by landlord neglect, or repairs already covered by insurance.
Sec. 5.13.06
May a tenant petition for reduced rent if the landlord has overcharged, decreased services or failed to maintain?
Under the City of Cudahy Rent Stabilization Ordinance, a tenant may petition for an adjustment in rent based on a decrease in housing services, failure to maintain, or unlawful rent. Prior to filing the petition, the tenant must provide the landlord written notice of the problem and give the landlord a reasonable amount of time to remedy it. The tenant must file the petition within 180 days of the written complaint and has the burden of proof by a preponderance of the evidence.
Sec. 5.13.08
What are the at-fault just causes for eviction for units covered by the City of Cudahy Tenant Protection Ordinance?
1. Failure to pay rent
2. Failure to cure a material violation of the lease after receiving written notice
3. Maintaining a nuisance, causing damage, failing to remediate unsanitary conditions, or using the unit illegally
4. Refusing to renew a substantially similar lease
5. Improper subletting or assignment
6. Refusal to permit landlord access to the unit
7. Failure to vacate after termination as property or resident manager
Sec. 5.14.05
What are the circumstances in which a landlord may terminate the tenancy with no-fault under the City of Cudahy Tenant Protection Ordinance?
1. Demolition
2. Withdrawal of all units on the parcel from the rental market pursuant to the Ellis Act
3. Owner or relative move-in
4. Compliance with a government order to vacate
5. Compliance with a government order relating to habitability that necessitates vacating the rental unit
6. Compliance with a local ordinance that necessitates vacating
Sec. 5.14.06
What are the requirements of an owner or a relative move-in under the City of Cudahy Tenant Protection Ordinance?
At the time of the service of the sixty-day notice or before, the landlord must disclose to the City of Cudahy the names of eligible individuals who will occupy the rental unit and the landlord’s relationship to those individuals.
A landlord may not evict for an owner move-in or a relative move-in if the tenant of that unit has resided there for five or more years and is sixty-two years of age or older, terminally ill, low-income, or disabled, unless the intended occupant is similarly protected. Disability means a physical or mental impairment that if left untreated would limit a major life activity.
The new resident must move in within ninety days and must use the unit as a primary residence for at least three years. If the landlord or relative does not occupy for three years, the displaced tenant must be given the right to return at the same rent.
Sec. 5.14.06
Are landlords required to pay relocation assistance to tenants under the City of Cudahy Tenant Protection Ordinance?
For tenants covered by the City of Cudahy Tenant Protection Ordinance who are evicted due to an owner or relative move-in, the landlord must provide written notice of the tenant’s entitlement to relocation with the notice of termination of tenancy. The landlord must pay the tenant three months of rent.
Relocation payments equal to four months of rent are required when the tenant household is low-income, or when the household includes someone who is sixty-two or older, disabled, has lived in the unit for five years or more, or has a minor dependent child. The tenant must notify the landlord within ten days if the household qualifies.
Low-income is defined as 80% of the area median income, as defined by HUD. Disability is a physical or mental impairment that if left untreated would limit a major life activity.
The landlord must pay half of the relocation within fifteen days of serving the eviction notice and must pay the remaining balance within five business days after the tenant moves out. If multiple tenants reside in the unit, the relocation payment is split proportionally.
Sec. 5.14.07(1)
For tenants covered by the City of Cudahy Tenant Protection Ordinance who are temporarily displaced due to repairs, rehabilitation work not caused by the tenant, health and safety violations, or other activities that would make the rental unit uninhabitable or cannot otherwise be completed while the tenant remains in the unit, landlords must pay temporary relocation assistance. For displacements of thirty days or less, the landlord must provide per diem payments. For displacements lasting thirty-one days or longer, the landlord must provide either per diem payments or comparable temporary housing. If the landlord provides comparable temporary housing, it must be safe, sanitary, and reasonably close to the tenant’s original rental unit.
Per diem payment is calculated based on the federal General Services Administration per diem rate for lodging in the county of Los Angeles. The per diem may also be determined by an agreement between the landlord and tenant.
A tenant cannot waive the right to receive relocation assistance.
Sec. 5.14.07(2) & 5.14.07(3)
Does temporary displacement terminate a tenancy under the City of Cudahy Tenant Protection Ordinance?
Temporary displacement of a tenant does not terminate the tenancy, and the tenant is entitled to reoccupy the rental unit with all preexisting rights once the circumstances surrounding the displacement are resolved.
Sec. 5.14.07(2)(f)
Can a tenant sue for wrongful eviction under the City of Cudahy Tenant Protection Ordinance?
A tenant who has been wrongfully evicted in violation of the City of Cudahy Tenant Protection Ordinance may sue a landlord for emotional distress, loss of the value of the unit, return of rent, attorney’s fees, and civil remedies of $1,000 per violation. For purposes of the $1,000 penalty, each day the tenant is displaced constitutes a separate violation. These remedies are not exclusive. A landlord who prevails in a lawsuit may only recover attorney’s fees only if the court finds that the tenant’s lawsuit was frivolous.
Sec. 5.14.13
