LA’S SYSTEMATIC CODE ENFORCEMENT PROGRAM (SCEP) AND PROSECUTION FOR FAILURE TO MAINTAIN APARTMENT IN SAFE AND SANITARY CONDITION AND GOOD REPAIR

By:  Roman P. Mosqueda, Esq.

            Apartment or dwelling owners in the City of Los Angeles should beware of the double-whammy weapons against them:  Systematic Code Enforcement Program (SCEP of the Housing Department and prosecution under Sections 91.8104.4 et. seq. of the Los Angeles Municipal Code for failure to maintain the apartment(s) in a safe and sanitary condition and in good repair portions of the building, by the City Attorney through Misdemeanor Complaint.

            And apartment or dwelling tenants should be aware of their reights to a safe and sanitary dwelling.  Landlords must repair conditions which make the apartment unit “uninhabitable,” or untenable.”

A.     Obligations Of Landlords:

Under Section 1941.1 of the California Civil Code, the landlord must provide basic services for the unit to be habitable, as follows:

(a)     Effective waterproofing roof and walls, unbroken windows and doors.

(b)    Plumbling/gas facilities installed correctly and maintained in good working order.

(c)     Hot and cold running water,

(d)    Heating facilities correctly installed and maintained in good working order.

(e)     Building, grounds and common areas kept clean, sanitary, and free from accumulations of debris, garbage, rats, roaches and other insects.

(f)      Enough garbage cans, in clean condition and good repair.

(g)     Floors, stairways, and railings maintained in good repair.

B.     Obligations Of Tenants:

Tenants, on the other hand, have the following affirmative obligations, substantial violation of any of which negates any duty on the part of the landlord to repair a dilapidation, provided the tenant’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s obligation to effect the necessary repairs, as follows:

(1)   To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits.

(2)   To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.

(3)   To properly use and operate all electrical, gas and plumbing fixtures and deep them as clean and sanitary as their condition permits.

(4)   Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling u nit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing.

(5)   To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such occupancies.

(6)   Paragraphs (1) and (2) of subdivision (a) shall not apply if the landlord has expressly agreed in writing to perform the act or acts mentioned therein.

C.     Systematic Code Enforcement Program (SCEP):

This program of the Housing Department of the City of Los Angeles (LAHD) applies to all rental property of two (2) or more units located in the City.  Landlords have to pay a $12 yearly fee.  And all rental units are scheduled to be inspected every three (3) years.

If there are problems of habituality, whether under the Civil Code, Building and Safety, Fire, Health and Safety, or Housing Codes, a tenant may call in a Complaint.  Inspector(s) are sent out by the LAHD, who shall identify any problems, and if found, issue an order to the landlord to correct the problem(s) in two (2), five (5), fourteen (14), or thirty (30) days, depending on the problem.

If the problems are not corrected, the General Manager of the SCEP will schedule and hold a hearing and thereafter, may do the following:

(a)    order a rent reduction,

(b)    order the property into the Rent Escrow Account Program (REAP) under Article 2 of Chapter XVI of the LA Municipal Code, as amended, with administrative fee, late fee and/or penalty fee, wherein certain tenants of affected units make rental payments into the escrow account until the units or properties are removed from REAP  by the Los Angeles City Council  when all violations have been corrected and brought up to the appropriate code, and the REAP escrow account is closed by the REAP,

(c)    impose inspection fees,

(d)    order the landlord/owner to attend management classes,

(e)    refer the case to the City Attorney for prosecution, and/or

(f)      order the owner to pay relocation benefits to displaced tenants, etc.

After the General Manager has held a hearing and issued an order, the landlord is prohibited from evicting a tenant even for causes listed in the LA Rent Control Ordinance, until the landlord has complied and for one hundred eighty (180) days after the compliance date.   This rule applies even if the property is not under rent control.

Moreover, rent increases are prohibited to all existing tenants for a period of one (1) year after the Housing Department has confirmed that the landlord has complied with the General Manager’s orders.

D.     Misdemeanor Complaint Filed

By The City Attorney:

This Author personally represents a husband and wife, landlord clients whose apartment building on Union Drive, Los Angeles, was placed twice under the REAP, and who were charged with thirty-two (32) counts of failing to maintain their apartment building in a safe and sanitary condition and in good repair, in a Misdemeanor Complaint dated February 5, 2003, filed by the LA City Attorney, Housing Enforcement Section.

After spending approximately $60,000.00 in repairs to their apartment building, passing inspections and paying inspection costs of the LA County Department of Health Services and City of LA Department of Building and Safety, submitting Certificates of Completion of Property Management Training Program by two of their children, and paying $1,500.00 fine, among other terms, the landlord clients, through this Author was able to obtain dismissal of the probation violation charges and consent by the City Attorney to the pending sale of the building.

In conclusion, the City of Los Angeles can make it very difficult for landlords of older buildings to pass inspections, be removed from the Rent Escrow Account Program (REAP), and even dismiss probation violation charges by requiring so many conditions and stipulations.

(The Author, Roman P. Mosqueda, is a Real Estate Attorney, and an independent Real Estate Broker, licensed by the Department of Real Estate of California since 1999.)