Resident Manager Occupancy

A Resident Manager Occupancy is allowed by The Rent Stabilization Ordinance (RSO) for a landlord seeking in good faith to recover possession of a rental unit for use and occupancy as a primary place of a residence.

WHO CAN APPLY

A landlord may also recover possession of a rental unit for a resident manager to make the unit their primary place of residence for no less than two consecutive years.

WHAT YOU MUST DO

• Submit your Landlord Declaration of Intent to Evict for Resident Manager Occupancy form and corresponding administrative fees.

• Include a copy of your Grant Deed.

• Make sure to include the name of the person that will be your resident manager and their move in date.

PROTECTED TENANTS

A landlord cannot recover possession of a rental unit for Resident Manager Occupancy on units occupied by a Protected Tenant (LAMC 151.30.D.1).  A Protected Tenant is a tenant who has continuously resided in a rental unit for at least ten years, and is either: (i) 62 years of age or older OR (ii) disabled as defined in Title 42 United States Code Section 423 or handicapped as defined in Section 50072 of the California Health and Safety Code. A Protected Tenant is also a tenant who is terminally ill as certified by a treating physician licensed to practice in the State of California, regardless of their length of tenancy.

Application fees submitted will not be refunded, including when it is determined that a tenant is a Protected Tenant.

MOST RECENT TENANTS, COMPARABLE UNITS, VACANT UNITS & MEDICAL EXEMPTIONS

Per Section 151.30.D.2, a landlord may recover possession of a rental unit only from a tenant who is the most recent tenant to occupy a rental unit in the building with the same number of bedrooms needed by the landlord.  The most recent tenant cannot be a Protected Tenant.

A landlord may recover possession from a different tenant if a different unit is required because of medical necessity, as certified by a treating physician licensed to practice in the State of California.

HCIDLA will not approve the Declaration if there is a vacant unit on the same property with the same number of bedrooms needed (LAMC 151.30.C).

RESIDENCY REQUIREMENT FOR REPLACEMENT OCCUPANT

The resident manager for whom the landlord terminated the tenancy must in good faith intend to occupy the rental unit within three months after the existing tenant vacates the rental unit, as their primary place of residence for a period of two consecutive years.  Failure to occupy the rental unit within three months after the existing tenant vacates the unit, or failure to occupy the rental unit as a primary place of residence for a period of two consecutive years, may be evidence that the landlord acted in bad faith in recovering possession of a rental unit. (LAMC 151.30.B)

POST-TENANCY TERMINATION FILING REQUIREMENTS

Within three months of the tenant’s vacation of the rental unit, the landlord must file with the HCIDLA a Declaration of Occupancy form under penalty of perjury stating that the rental unit is occupied by the resident manager for whom the landlord terminated the tenancy. Two additional declarations must be filed with the HCIDLA within thirty days preceding the first and second year anniversary of the tenant’s vacation of the rental unit.  The statement must confirm the continued occupancy by the resident manager for whom the landlord terminated the tenancy.

If the rental unit is not being occupied by the resident manager for whom the landlord terminated the tenancy, then an explanation of why it is not being occupied should be provided.

A landlord who fails to file the Declaration of Occupancy form under penalty of perjury as required by the provisions of section LAMC 151.30.F(1)(2) shall pay a fine in the amount of $250 per day for each day that the Declaration of Occupancy is delinquent.

NOTICE OF RE-RENTAL REQUIREMENTS

A landlord who offers a rental unit that was the subject of a Resident Manager Occupancy Declaration for rent or lease within two years after the tenant vacated the rental unit must first offer to rent the rental unit to the displaced tenant, provided that the tenant advised the landlord in writing, within 30 days of their displacement, of the their desire to consider an offer to renew the tenancy.

If the tenant informed the landlord in writing of their desire to consider an offer to renew their tenancy, the landlord must inform the tenant via certified mail and provide the tenant with 30 days to respond to the offer.

If a landlord desires to re-rent a rental unit that was the subject of a Landlord Occupancy Declaration within two years of the vacation of the rental unit, the landlord must file with the HCIDLA a Notice of Intention to Re-Rent Rental Unit form.  The form must be filed before renting or leasing the rental unit.  (LAMC 151.30.G and 151.30.H).

RELOCATION ASSISTANCE

HCIDLA’s relocation assistance contractor will determine the relocation assistance which the tenant is entitled to receive.

All determinations are mailed to the landlord and the tenant. If you disagree with the relocation assistance determination, you have the right to appeal the determination within 15 days of the issuance of the relocation determination issued by HCIDLA’s relocation assistance contractor.

The property owner should provide the tenants with the relocation assistance payment within 15 days of service of the eviction notice. This payment can be made either directly to you or through an escrow account.

APPEAL PROCESS

• All parties have a right to appeal the HCIDLA’s Relocation Contractor’s Tenant Relocation Determination within 15 calendar days from the date of their determination.  Appeals must be received by HCIDLA with the completed Appeal form and the $200 filing fee made payable to “City of Los Angeles”.

• There is a low income exemption waiver included in the Appeal form for the $200 appeal fee.

• To qualify for an exemption from the appeal filing fee, the applicant’s annual household earnings must be no more than 50% of the median income in the Los Angeles area.  If you do not qualify for an exemption, you must submit the $200 filing fee before an appeal can be scheduled.