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ANTHONY J. ROBINSON

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TOPIC FOR AUGUST'S ARTICLE:

Rent Control:

        The debate over this topic is similar to the discourse one gets over  such subjects as religion in school, gun control, abortion and other highly charged political issues. Like the other topics, there seems to be no middle ground. On one side of the debate are the landlords and people of a more conservative point of view and on the other are tenants and people of a more liberal point of view.

        In this article I will try and present condensed versions of both points of view.  The sole reason why we even bring this  topic onto our website is for the sole purpose of conveying information regarding the effect that rent control ordinances have on landlord-tenant law. If you would like to learn more about this topic click on "Rent Control" to go to the existing section on rent control.   

Rent Control and Secession by the San Fernando Valley:

        The entire issue of rent control has always been and still remains primarily political. Take the issue of Valley secession. As you are probably aware the San Fernando Valley is attempting to secede from the City of Los Angeles.  The primary issue seems to be the perception that the City of Los Angeles has become too large and non responsive to many of its citizens.

        Recently the Los Angeles Times ran an article discussing the various proposals to resolve this issue. The article stated that some of the opponents of secession are using the fear that tenants will lose their protection under rent control as a reason not to vote for secession. 

        Proponents of secession counter that they intend to carry the rent control protection over to the new city that will be formed if the proposition passes. Of course this doesn't sit well with many landlords that supported secession as a means of getting rid of rent control in the first place.  It will be interesting to see how this question is answered by the voters in the fall. Currently it is too close to call.

Rent Control Not Statewide:

        Everyone should remember that this law is not statewide. It only affect the cities that have adopted rent control statutes, like Los Angeles and Santa Monica. Landlords in cities without rent control are free to charge whatever they would like to charge. So please keep this in mind when reading this section.  

        I would like to make it clear that we do not take one side or the other in this debate. Nor do we feel that one side is right and the other is wrong. That argument is for some other website, and not ours. What we are going to do is to present the information in a format that is easy to understand, yet comprehensive. Out purpose is to allow each one of you draw your own conclusions regarding your opinion of rent control.

        Given the large amount of information that surrounds the issue of rent control, we intend to divide the subject into smaller more accessible pages. One page will deal with topics of interest to landlords and another with topics of interest to tenants.

        Rent control has become a fact of life in many of the larger urban centers such as the City of Los Angeles, Santa Monica  and related cities. The reason most often cited for rent control was to help stabilize rents and keep them from spiraling out of control.  

        The second reason is the shrinking rental market, which many politicians felt gave too much of an advantage to landlords. They believe that limiting the landlords ability of charging ever increasing amounts of rent results in market stabilization and equity. Critics cite that without rent control, landlords often charged different rates for similar apartments in the same complex.

        On the other side were the pro-business proponents which feel that it is nobody's business but theirs how much rent that charge.  They feel that market forces should prevail and government has no business interfering. They also cite, with some justification that some cities that have adopted rent control often end up with smaller rental markets; blighted areas; and slums that ultimately become the public's problem.

        Like everything else in this area, each side has legitimate concerns that the city of Los Angeles has tried to address. With varying degrees of success depending upon who you talk to. The primary issue seems to be the perception that the City of Los Angeles has become unwieldy and non responsive to its citizens.

        Rent Control is often cited as an example of the failure of the City of Los Angeles to meet the needs of ALL of its constituents. They claim the City is simply too large to represent such diverse views of many different population groups. There is no  denying that the City of Los Angeles is a very large bureaucracy.

        Any city typically sets up a bureaucracy to administer every system that it implements and in this regard, the rent control system for cities like  Los Angeles and Santa Monica  are no different. They each have a Department of Housing  which handles registration of landlords and their property.  Each property that is being offered for rent must also be registered with the City.

        The City issues a certificate of occupancy which allow the unit to be rented. A landlord may not evict a tenant if they have not registered with the City of Los Angeles. Nor may the landlord legally rent the unit to a tenant without registering and paying the fee to the City.

        I am sure many landlords feel it's all about the City of Los Angeles collecting the fees and lining the city coffers with their ill gotten loot. Putting that concern aside, registration of the units with the city is mandatory. If you do not register, then you cannot pursue an eviction, legally rent a unit or collect rent for a unit. No if, ands or buts. Many Tenants are successfully raising this defense in their pleadings.

        It is very common for judicial officers in Department 20 and 7, to expect the landlord prove they are properly registered as part of their case in chief. If the landlord has not registered, the judicial officer will also give either a verdict for the tenant or continue the hearing to allow the landlord to register their units. There are some exceptions to this requirement that you must be aware of.

        During the next few weeks we will be preparing a comprehensive improvement to our section on rent control and its effect on tenants and landlords. Please be sure add our site to your list of favorites and check back often. You won't be sorry that you did. In the mean time, if you have questions dealing with rent control for the cities of Los Angeles, Santa Monica, Beverly Hills, West Hollywood or other parts of the City of Los Angeles like San Pedro,  please feel free to call our office or go directly to the homepage for these cities and check out the housing pages or the statutes and codes.

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