Registration

Post date: Jul 26, 2016 5:32:22 AM

All rental units that are not exempt under the Ordinance and are placed on the market to be rented, must be registered with the City of West Hollywood. This includes, among others, units that have been owner-occupied or had tenants under Section 8 since 1985, and are now being returned to the rental market.

Failure to Register a Unit

Failure to register a unit will prevent the landlord from utilizing many provisions of the Ordinance including any rent increases that might be available, and will subject the landlord to monetary penalties and possible criminal prosecution.

Re-registration of Unit Following the Vacancy

Landlords have been required to re-register a rental unit when a new tenant moves in since January 1, 1996. The landlord fills out a re-registration form supplied by the Department. The new tenant signs the form to verify the initial rent being charged them and the housing services being provided by the landlord. The white copy of this form should be on file with the Department; the landlord keeps the yellow copy; the tenant should receive the pink copy.

The unit is not in substantial compliance with the Ordinance until the established rent and housing services have been re-registered with the Department. Annual General Adjustments are not allowed for units that are not in substantial compliance with the Ordinance.

Re-registration will establish the Maximum Allowable Rent (MAR) for a unit after a vacancy, and consequently all future rent increases allowed during the tenancy. Units may not always qualify for an increase in the MAR upon vacancy and the Department may contact the landlord and the tenant once the re-registration form is filed to determine eligibility. You may contact an Information Coordinator at (323) 848-6450 regarding questions about rents following a vacancy.

REGISTRATION FEES

Landlords must pay registration fees for each non-exempt unit on rent-stabilized property. Currently the fee is $120 per year for each unit. The registration fee is due on or before July 1st of each year. The penalty for late payment of the registration fee, depending upon when the fees and penalties are paid, may range from 20 to 100 percent of the annual fee.

Certain senior or disabled landlords may be eligible to pay these fees in installments by filing a Registration Fee Deferral application with the Department. Information about the Registration Fee Deferral program is available by contacting a Counselor at the Rent Stabilization and Housing Department.

Passing Through Half of Fee to Tenants

One half of the annual registration fee may be passed on to tenants in twelve (12) equal monthly installments. Currently $5.00 per month.

The tenants' installments:

• • may not be demanded for periods in which the landlord did not paid the registration fees.

  • may not be charged retroactively for periods when the landlord did not charge them to the tenants;

  • may not be charged in a lump sum.

If the landlord has not passed the fee through to the tenant, they must give the tenant 30-day written notice that the fee will be charged as part of the terms of tenancy. The pass-through of the tenants' portion of the fees is not rent but a fee payment in addition to the rent and is deducted from the rent before calculating annual rent increases, then added back to the increased rent.

Exemption From Fees for Individual Units

Landlords may file an Exemption Application to waive the registration fees on certain units (view more information about unit exemptions), including, but not limited to landlord or relative occupied units and units subsidized by the government. It is the landlord's responsibility to apply for such exemptions by July 1 of each billing year. If the application is not filed before this date, registration fees will be charged for the unit for the fiscal year.

New owners who move onto the property, must submit a property file amendment changing the ownership of the property and also an exemption form for owner-occupancy of their unit within 30 days of taking possession of the property. If the unit in which the new owners live has an exemption from the last owners, it will be lost until the next fiscal if the exemption is not renewed within 30 days.

If you feel one or more of your units may be eligible for an exemption from registration fees, please contact the Rent Stabilization and Housing Department at (323) 848-6450.

Information from West Hollywood Rent Stabilization Ordinance website.