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 important eviction moratorium information

NOTICE REGARDING

CHANGES TO BEVERLY HILLS URGENCY ORDINANCE

(Ordinance No. 20-O-2818) RELATING TO THE RESIDENTIAL EVICTION

AND RENT INCREASE MORATORIUMS

The Beverly Hills City Council adopted Urgency Ordinance No. 20-O-2818 to address issues caused by the COVID-19 pandemic (Urgency Ordinance). On May 10, 2022, the City Council adopted Ordinance No. 22-O-2861 to amend the Urgency Ordinance relating to the residential eviction and rent increase moratoriums, as discussed below.

What changes were made to the Urgency Ordinance?

1)         The Urgency Ordinance imposes a moratorium during the period of local emergency on evictions for non-payment of rent by residential tenants who are substantially financially impacted by COVID-19 and who comply with the requirements of the Urgency Ordinance, and also provides that unpaid rent must be repaid within one year of the end of the local emergency.

            The amended Ordinance ends the Beverly Hills eviction moratorium for non-payment of rent by residential tenants as a result of financial impacts due to COVID-19 on May 31, 2022 and provides that unpaid rent must be repaid by May 31, 2023, or a landlord may charge or collect a late fee or seek unpaid rent through eviction or other appropriate legal process.   

2)         The Urgency Ordinance imposes a moratorium during the period of local emergency on no-fault evictions for residential tenants, unless necessary for the health and safety of tenants, neighbors, or the landlord, other than based on illness of the tenant or any other occupant of the residential unit.

            The amended Ordinance ends the Beverly Hills moratorium on no-fault evictions on May 31, 2022.

3)         The Urgency Ordinance imposes a moratorium during the period of local emergency on annual rent increases authorized by Sections 4-5-303 (C) and 4-6-3 of the Beverly Hills Municipal Code (BHMC), provided, however, that the Urgency Ordinance does not alter the date of the annual rent increases in future years.

             The amended Ordinance ends the Beverly Hills moratorium on annual rent increases on May 31, 2022. The amended Ordinance also authorizes a rent increase to be imposed during the period of June 1, 2022 through June 30, 2023, but only in cases where an allowable rent increase for the period of July 1, 2019 through June 30, 2020 was not imposed or was imposed at a rate less than 3.10%. The maximum rent increase for both Chapter 5 tenants and Chapter 6 tenants for the period of June 1, 2022 through June 30, 2023 is 3.10%, provided that the maximum increase shall be reduced by the percent rent increase, if any, imposed for the period of July 1, 2019 through June 30, 2020.

             As stated above, no other rent increases are authorized at this time

The following are illustrations of maximum allowable rent increases during the period of June 1, 2022 through June 30, 2023:

Tenants Subject to Title 4, Chapter 5 and 6 of the BHMC

  • Andrea is a landlord with a tenant, in a unit subject to the Beverly Hills Rent Stabilization Ordinance (RSO), that would have normally been eligible for a rent increase on June 1, 2020. Andrea was not able to impose a rent increase on June 1, 2020, because of the Beverly Hills rent increase moratorium. Andrea is eligible to raise the rent by 3.10% for the period of June 1, 2022 through June 30, 2023. 
    • Because Andrea missed the rent increase for the period of July 1, 2019 through June 30, 2020, and the tenant was eligible for a rent increase during that period, Andrea is eligible to raise the rent during the period of June 1, 2022 through June 30, 2023 by 3.10%.
  • John is a landlord with a tenant, in a unit subject to the RSO, that would have normally been eligible for a rent increase on August 1, 2019. He raised the rent on August 1, 2019 by 2.0%. John is eligible to raise the rent during the period of June 1, 2022 through June 30, 2023 by 1.10%.
    • Because John did not raise the rent by the maximum allowed percentage of 3.10% on August 1, 2019, he is eligible to raise the rent during the period of June 1, 2022 through June 30, 2023 by the balance of 1.10% to allow him the maximum allowed rent increase percentage of 3.10% (2.00% given on August 1, 2019 + 1.10% = 3.10% maximum allowed rent increase).
  • Jane is a landlord with a tenant, in a unit subject to the RSO, that would have normally been eligible for a rent increase on September 1, 2019. She chose to not raise the rent on September 1, 2019 for a reason not related to COVID-19. Jane is eligible to raise the rent during the period of June 1, 2022 through June 30, 2023 by 3.10%.
    • Because Jane missed the rent increase for the period of July 1, 2019 through June 30, 2020, and the tenant was eligible for a rent increase during that period, Jane is eligible to raise the rent during the period of June 1, 2022 through June 30, 2023 by 3.10%. It is not required for Jane to have missed the rent increase due to COVID-19.
  • Carl is a landlord with a tenant, in a unit subject to the RSO, that was eligible for a rent increase on January 1, 2020. He raised the rent on January 1, 2020 by 3.10%. Carl is not eligible to raise the rent during the period of June 1, 2022 through June 30, 2023.
    • Because Carl raised the rent by the maximum allowed on January 1, 2020, he did not miss a rent increase during the period of July 1, 2019 through June 30, 2020. He is not eligible to raise the rent during the period of June 1, 2022 through June 30, 2023.
  • Bill is a landlord with a tenant, in a unit subject to the RSO, that moved in on July 1, 2019. Bill is not eligible to raise the rent during the period of June 1, 2022 through June 30, 2023.
    • Because Bill’s tenant moved in on July 1, 2019, the tenant was not eligible for a rent increase until July 1, 2020, one year after the move in date. Bill did not miss a rent increase during the period of July 1, 2019 through June 30, 2020.  Bill is not eligible to raise the rent during the period of June 1, 2022 through June 30, 2023. Any tenant who moved into a unit on or after July 1, 2019 was not eligible for a rent increase during the period of July 1, 2019 through June 30, 2020 and therefore is not eligible for a rent increase during the period of June 1, 2022 through June 30, 2023.  

As a residential tenant, do I have any other eviction protections after May 31, 2022, outside of the Beverly Hills Ordinance?

A residential tenant may continue to be protected through June 30, 2022, under the state regulations, if the tenant has a pending application with the state Housing is Key rent assistance program and meets the state requirements. A tenant may be protected under the County of Los Angeles regulations from July 1, 2022 through March 31, 2023, if the tenant meets the County requirements.  Tenants are encouraged to obtain legal assistance.  Qualified Beverly Hills tenants may receive free legal assistance by contacting Bet Tzedek at 323-939-0506. Tenants may also reach out to the Los Angeles County Department of Consumer and Business Affairs at 800-593-8222 for questions related to the Los Angeles County protections.

When can a landlord issue a 30-Day Notice of Rent Increase? When can the rent increase become effective?

A landlord, if eligible for an increase as noted in the requirements above, may issue a 30-Day Notice of Rent Increase on or after June 1, 2022, for a rent increase effective date on or after July 1, 2022.

Why are these changes being implemented?

The local emergency is still ongoing. However, the City Council decided to amend the Urgency Ordinance to end the Beverly Hills moratoriums on evictions and rent increases on May 31, 2022, and to end the repayment period for unpaid rent on May 31, 2023, due to the availability of COVID-19 vaccines and the decline in COVID-19 positivity rates, death rates, and hospitalizations.

What if I have more questions?

Please contact the Rent Stabilization Division at 310-285-1031 or email bhrent@beverlyhills.org.

What should I do if I disagree with the Notice of Rent Increase?

Please contact the Rent Stabilization Division at 310-285-1031 or email bhrent@beverlyhills.org.

What should I do if I am a landlord and I am not sure for which of my residential units I am eligible to raise rents?

Please contact the Rent Stabilization Division at 310-285-1031 or email bhrent@beverlyhills.org.  A staff member will review the data you presented for the 2022 annual rent registration and review the last rent increase for each of your residential units to determine if you are eligible to issue.

 A copy of this notice can be found here: Notice Regarding Changes to Beverly Hills Urgency Ordinance .

A copy of the ordinance can be found here: Ordinance 22-O-2861 .

 

 

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