City of West Hollywood
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Tenant Habitability Plans
Before beginning construction at an occupied rental property, applicants must first meet requirements for tenant habitability.
A Tenant Habitability Plan (THP) is required for occupied residential rental properties when permits are sought for:
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SEISMIC STRENGTHENING:
altering, repairing, or rehabilitating any property containing one or more dwelling units pursuant to Chapter 13.28, 13.32, 13.36 or 13.40 of the West Hollywood Municipal Code (WHMC). -
WORK THAT WILL CAUSE UNINHABITABLE CONDITIONS:
work that will cause any occupied residential rental dwelling unit to be uninhabitable under the housing, health, building, or safety laws of the State of California or the City of West Hollywood. -
PROPERTIES WHERE LANDLORD HAS ENGAGED IN TENANT HARASSMENT:
work at a property where the landlord has engaged in any of the conduct enumerated in subsection (b) of Section 17.52.090 of this section of the WHMC within a prior twelve-month period. -
REMODELS:
any remodel, which shall be defined as any improvement to more than one dwelling unit or the common area(s) at a multi-family residential rental property within a twelve-month period that would materially increase rental value in a normal market -
WORK THAT WILL RESULT IN ALL ELEVATORS BEING INOPERATIVE:
work that will result in all elevators being inoperative for more than seventy-two consecutive hours.
1. Permit applicant must fill out and submit the Tenant Habitability Checklist with the request for a building permit.
Tenant Habitability Plan Checklist form
[The Checklist is also available at the Rent Stabilization Public Counter in City Hall]
- If the link above is used to fill out the digital version of this form, the form will automatically be sent to our division. You will receive follow up from our staff.
- If submitting a paper version of the form, you may email in copies to RSD@weho.org or submit paper forms at the Rent Stabilization Public Counter in City Hall
2. THP Checklist will be reviewed by the Rent Stabilization Division and notification of approval or need to submit full THP will be sent to the applicant.
- If the THP Checklist is approved at this stage:
- Property has no tenants during construction
- If the property will not be occupied by tenants at any time during the construction period, the applicant should mark the "Unoccupied Building" button, fill out the questions, and submit the checklist
- Tenants will be living at the property during construction, Habitability Plan Not Required
- If tenants will be living at the property during construction and all responses in Questions 1 (one) to 5 (five) of the Checklist were "no", the applicant signs and submits the THP Checklist. The applicant must provide all tenant households on the property with the "Notice of Construction" form detailing the approved work 10 days prior to starting the work. A copy of this notice must also be posted in a conspicuous place near the entrance to the building.
[Forms are also available at the Rent Stabilization Division Counter in City Hall]
- If tenants will be living at the property during construction and all responses in Questions 1 (one) to 5 (five) of the Checklist were "no", the applicant signs and submits the THP Checklist. The applicant must provide all tenant households on the property with the "Notice of Construction" form detailing the approved work 10 days prior to starting the work. A copy of this notice must also be posted in a conspicuous place near the entrance to the building.
- Property has no tenants during construction
- If the THP Checklist indicates a full THP will be necessary for the project:
- If the response to any of the actions in Questions 1 (one) to 5 (five) was "yes", the applicant must fill out and submit a full Tenant Habitability Plan to the Rent Stabilization Division
- APPLICATION: Tenant Habitability Plan
[Forms are also available at the Rent Stabilization Division Counter in City Hall]
- APPLICATION FEE: The applicant will also need to pay the $100 application fee by visiting our Online Payment Portal.
- APPLICATION: Tenant Habitability Plan
- If the response to any of the actions in Questions 1 (one) to 5 (five) was "yes", the applicant must fill out and submit a full Tenant Habitability Plan to the Rent Stabilization Division
- Click “Rent Stabilization Payments”
- Under Form Name select “Tenant Habitability Plan Permit Application”
- Fee amount: $100
3. Once the complete THP and application fee are submitted, our division has 10 (ten) business days to review the application.
4. If the THP is rejected, the applicant will receive notice and will be permitted to resubmit
- No construction permits will issue until the plan has been approved by the Rent Stabilization Division
- A letter of deficiencies will be provided to the applicant which outlines the specific deficiencies and instructs how to come into compliance with the ordinance
- You may re-submit the THP (including required attachments) via:
- Email: RSD@weho.org
- Mail: Attn: Rent Stabilization Division
8300 Santa Monica Blvd.
West Hollywood, CA 90069
- In person: West Hollywood City Hall, 1st Floor at the Rent Stabilization counter
If your re-submitted THP is approved, you will receive an approval email and mailed letter. The approval email will include the approval cover letter that needs to be distributed to each tenant, a copy of the THP signed by city staff, and the Notice of Construction that you will be required to post on the property.
5. When the THP is approved, the permit will be cleared of any Rent Stabilization holds/corrections, the applicant will receive notification from our division, and the applicant can contact Building and Safety for next steps in pulling the permit.
Noticing Requirements
Minimum 10 DAYS PRIOR to the start of the permitted construction, the applicant is required to serve each affected tenant (by posting on the door of the dwelling unit AND first class mail):
- Notice of Approved THP (Customized to their Unit)
- A copy of the approved THP (which would include the Common Area Impact Mitigation forms for all tenants, and Individual Unit Impact Mitigation Form if applicable)
- Notice of Construction In addition to providing this notice to tenants via mail AND posting to their door, the Notice of Construction must be posted at or near all tenant entrances to the structure (WHMC 17.30.040 (c))
Proof of Service Requirements
- The applicant must also provide the Rent Stabilization Division with proof of service of an approved THP within 5 (five) days of service upon tenants. Proof of service can be sent to us at rsd@weho.org or mailed in to: City of West Hollywood - Rent Stabilization Division 8300 Santa Monica Blvd. West Hollywood, CA 90069.
- To fulfill this requirement:
- Submit a copy of each of the “Notice of Approved Tenant Habitability Plan Cover Sheets” that was served to your tenants. Each sheet should have the top part filled in with the tenant name and Unit number, and the bottom portion completely filled in with mailing AND posting details and signature.
Tenant Parking Requirements
- Per ordinance Section 17.30.020 (4) Alternative parking accommodations are required as follows:
- (i) If the work will interfere with tenant parking between the hours of 7:00 p.m. to 8:00 a.m., the landlord shall provide parking at an alternative location within a reasonable distance of the property, or
- (ii) If the work will interfere with tenant parking outside the hours of 7:00 p.m. to 8:00 a.m. only, the landlord shall provide a reimbursement to tenants for the purchase of street parking permits
- For assistance with purchasing parking permits, tenants can reach out directly to our Parking division by email at permitparking@weho.org or by leaving a message at (323) 848-6578 and their call will be returned as soon as possible.
Pulling the Permits
For next steps in pulling your permit, contact the Building and Safety Division at building@weho.org or (323) 848-6320. If you have any further questions, please let us know at RSD@weho.org or (323) 848-6450.
Forms
Required:
Additional:
- Common Area Impact and Mitigation Form
- Individual Unit Impact and Mitigation Form
- Temporary Relocation Benefit Form
Sample Forms:
To view samples of completed THP forms, click below:
- SAMPLE Full THP Application
- SAMPLE Common Area Impact and Mitigation Form
- SAMPLE Individual Unit Impact and Mitigation Form
- SAMPLE Temporary Relocation Benefit Form
- SAMPLE Notice of Construction
Application Fee
The applicant will need to pay the $100 application fee by visiting our Online Payment Portal.
- Click “Rent Stabilization Payments”
- Under Form Name select “Tenant Habitability Plan Permit Application”
- Fee amount: $100
THP Violations
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Administrative Penalties
Any landlord who violates any of the provisions of this chapter or who does not correct violations in compliance with the requirements of this chapter is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of this code. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation. -
Stop Work Order
The Director or their designee may order work stopped if a landlord has failed to comply with any provision of this chapter or the terms of an approved tenant habitability plan and may prohibit that work recommence until: (i) the landlord comes into compliance with this chapter; (ii) the landlord comes into compliance with the terms of an approved tenant habitability plan; or (iii) the landlord obtains approval of a revised tenant habitability plan as required by Section 17.30.030(d).
Questions about the status of THP Application
- If you have questions about the status of your THP application, please email RSD@weho.org or call (323) 848-6450
Full text of the Tenant Habitability Plan section of the West Hollywood Municipal Code: Chapter 17.30 Tenant Protection During Construction