Rent Adjustment Commission Regulations ● Section 410.00 ● Effective Date 11-17-82 • Amended 06-01-2006
410.00 REDUCTION IN HOUSING SERVICES
410.01 AUTHORITY OF COMMISSION TO REGULATE
410.02 The Rent Adjustment Commission (the Commission) promulgates these regulations on reduction in housing services so that a corresponding reduction in rent can be determined to avoid an increase in rent in violation of the Rent Stabilization Ordinance (LAMC Sec. 151.02, Definition of Rent Increase).
410.03 A tenant rents an apartment with the appurtenant housing services available at the time of renting the apartment. Landlords who reduce housing services without a corresponding reduction in rent effectuate an increase in rent. The purpose of these regulations is to guide the Los Angeles Housing Department in its evaluation of a corresponding reasonable reduction in rent.
410.04 Housing services are services that are connected with the use or occupancy of a rental unit including, but not limited to, utilities (including light, heat, water and telephone), ordinary repairs or replacement, and maintenance including painting. The term also includes the provision of elevator service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse removal, furnishings, food service, parking and any other benefits, privileges or facilities. (LAMC Sec. 151.02, Definition of Housing Services).
411.00 SCOPE OF REGULATIONS
411.01 When a tenant claims that there has been a reduction in housing services in violation of housing codes related to habitability of a dwelling under California Health & Safety Code 17920.3 or 17920.10, the Los Angeles Housing Department will determine a corresponding reduction in rent under the Rent Escrow Account Program regulations (RAC Regulations 1200.00 et . seq).
411.02 When a tenant claims that there has been a reduction in housing services and those services do not correspond to the habitability of a dwelling under California Health & Safety Code 17920.3 or 17920.10, the Los Angeles Housing Department will determine a corresponding reduction in rent under regulations 413.00 et seq. and 414.00 et. seq. below.
411.03 The Commission promulgates the regulations for calculation of the corresponding reduction in rent in Section 413.00 to enable the Los Angeles Housing Department's Rent Investigations Unit to evaluate the evidence presented for determination of a reasonable corresponding reduction in rent for a reduction in housing services.
411.04 The Commission promulgates the Valuation Guidelines in Section 414.00 as guidelines only. They are not necessarily determinative of the value of Housing services in any particular case; rather the value of housing services provided in connection with a specific tenancy will be determined primarily upon the evidence presented to the Los Angeles Housing Department's Rent Investigations Unit, and only secondarily with references to these guidelines 411.05 These regulations are not intended to provide any authority or support for the reduction, removal or taking away of housing services.
412.00 REMEDIES FOR REDUCTION IN HOUSING SERVICES
412.01 Where the reduction in services is a breach of the rental agreement, or of any obligations imposed by law on the landlord relating to habitability, the tenant is not prohibited from pursuing all remedies under applicable law.
412.02 Where there is a reduction in services without a corresponding decrease in rent, the tenant may file a complaint with the Los Angeles Housing Department and pursue all other remedies under applicable law.
412.03 LAMC 151.11.A provides that a tenant may refuse to pay rent in excess of the maximum rent or maximum adjusted rent (LAMC Sec. 151.02 defines maximum rent and maximum adjusted rent). The fact that the tenant's rent is in excess of the maximum rent or maximum adjusted rent shall be a defense in any eviction or collection action. The Commission advises tenants who wish to pursue their legal remedies that the Ordinance contains provisions permitting both permanent and temporary rent increases (surcharges) that do not become part of the maximum rent or maximum adjusted rent. Tenants who wish to pursue their legal remedies in this regard are advised to seek advice from an attorney.
413.00 CALCULATION OF CORRESPONDING REDUCTION OF RENT
413.01 In evaluating the amount of rent reduction that may reasonably compensate the tenant for the loss of specific housing services, the Los Angeles Housing Department will consider the extent to which the reduction in housing services affects the tenant(s) of a given rental unit, the rent paid by the tenant(s) for the unit, the relative significance of the reduced service in relation to the safety, health, convenience and comfort of the tenant(s), the prevailing market value of the housing service in question as a rental amenity, the extent to which the tenant(s) was led to rely upon the fact that the service would be provided and such other factors as are deemed to be relevant by the Housing Department.
413.02 When a tenant has suffered a reduction of services that are severable and specific to that tenant (i.e. loss of parking space, loss of storage, loss of cable), the corresponding reduction of rent may be calculated based on the reasonable replacement cost for that service to the tenant based upon the evidence submitted.
413.03 When a tenant has lost use and enjoyment of a portion of his or her specific unit, the corresponding reduction of rent may be calculated based on the percentage loss of square footage, where such methodology would be reasonable.
413.04 If a landlord restores the reduced housing service within reasonable time after notification by the tenant or the Los Angeles Housing Department, the Department may use this fact to decide against a corresponding reduction in rent.
413.05 If a housing service is temporarily interrupted as the necessary result of needed repairs, then the Los Angeles Department may use this fact to decide against a corresponding reduction in rent when the landlord is not taking an unreasonable amount of time to restore the services.
414.00 VALUATION GUIDELINES
414.01 The valuation guidelines below are not necessarily determinative of the value of housing services reduced in any particular case. The value of those services will be determined primarily upon reasonable valuation evidence presented to the Los Angeles Housing Department in connection with a specific tenancy. The value of housing services below will only serve as guidelines in the Los Angeles Housing Department's determination of the reduction in rent for a specific tenancy where there is no evidence presented or where these values will assist the Los Angeles Housing Department's Rent Investigators in arriving at a reasonable valuation of the corresponding reduction in rent.
414.02 Suggested Valuation Guidelines Table (monthly values)
A/C $50-100 Clothes Dryer/Washer-coin $20 Clothes Dryer/Washer-unit $30-50 Door screens $10-20 Elevator service $50-100 Furnishings (for a furnished unit only) $200-500 Gardening/Landscape $10-20 Gates/Fences (security) $10-20 Kitchen facilities $200-400 Mailbox $20-30 Manager (on-site) $20-30 Parking $60-200
[In determining the corresponding reduction in rent, the Los Angeles Housing Department may consider the density of a particular neighborhood, the availability of local parking structures within walking distance of the tenant's dwelling, and the availability of street parking. Hollywood, Venice, West Los Angeles, Downtown Los Angeles, Korea town, Miracle Mile, Pico-Union, Fairfax-La Brea and the Beverly Center are examples of neighborhoods with very high cost of off-site rental parking and low availability of street parking].
Pool $10-50 Recreational Facilities $10-20 Refrigerator $80-100 Storage (based on size, as per below): 5X5 $50-100 5X10 $80-130 5X15 $100-150 10X10 $150-200 10X15 $200-250 10X20 $250-300 Sun shades (porch/balcony) $2-5
414.03 The Suggested Valuation Guidelines Table in 414.02 was compiled based on data collected in April, 2006.
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