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File An Appeal About Property Renovation (Tenant Habitability)

The Seismic Retrofit Ordinance (183893) requires property owners  to retrofit their properties to prepare for future seismic activities.  In line with this work, property owners are required to provide a Tenant Habitability Plan (THP) to LAHD in order to mitigate the impact of the Seismic Retrofit Work on tenants.

Once the THP plan has been submitted and accepted by LAHD, the property owners are required to serve the tenants with a copy of the non-confidential portion of the THP as well as the Seismic Retrofit Work Appeal Form. The tenants have the right to appeal if they do not agree with the THP determination.

WHEN CAN I APPEAL A THP DETERMINATION?

The tenants have 15 calendar days from the date of the property owner’s service of the THP documents to submit an appeal. If the THP is not appealed, the approved THP will be implemented.

WHERE CAN I GET A THP APPEAL FORM?

If the Appeal Form is not provided with the THP packet that will be provided to you by the landlord, the following are resources where you can obtain the form:

• The Appeal Form can be downloaded by clicking here.

• The Appeal Form can be obtained by emailing the Hearings Unit at hcidla.gmhearings@lacity.org

• The Appeal Form can be obtained from any of LAHD’s Public Counters: housing.lacity.org/about-us/public-counters

WHAT IS THE COST OF FILING AN APPEAL?

Completed appeal forms must be submitted to LAHD along with a check or money order for $35 payable to the “City of Los Angeles”, or a signed low income fee waiver form. The waiver form can be found at the back of the Appeal Form or requested by e-mailing hcidla.gmhearings@lacity.org.

WHEN WILL HEARINGS BE SCHEDULED?

If the completed appeal application is submitted in a timely manner, LAHD will schedule a THP Appeal Hearing within 30 calendar days of the Department’s receipt of the appeal. The THP Hearing is a venue where both property owner(s) and tenant(s) can present their case and evidence. The Hearing Officer will take all evidence and testimonies provided into consideration and provide a determination to address the issues.

HOW WILL I KNOW THE OUTCOME OF MY APPEAL?

The Hearing Officer will make a determination on the appeals within 10 days of the hearing. The outcome of the hearing will determine the next steps.

WHAT ABOUT THE SEISMIC RETROFIT APPEAL FOR RENT ADJUSTMENT?

A portion of the total seismic retrofit costs may be passed through to tenants, if approved by LAHD. The Property Owner, Tenant, or other interested party may appeal the proposed rent adjustment.

Once LAHD receives the Rent Adjustment application and determines the correct pass-through amount, a  final determination letter,  including a Request for Hearing form, will be mailed to the property owner and tenants.

The tenants have the right to appeal if they do not agree with the Rent Adjustment determination for seismic retrofit work. If the Rent Adjustment determination is not appealed, the approved rent adjustment will be implemented.

WHEN CAN I APPEAL A RENT ADJUSTMENT DETERMINATION FOR SEISMIC RETROFIT WORK?

If the property  owner, tenants, or other interested parties wish to contest the Rent Adjustment determination, the appellant(s) have 15 calendar days from the postmark of the determination letter to submit the appeal form in order to request for a hearing.

WHERE CAN I GET A REQUEST FOR HEARING FORM?

If the Request for Hearing Form is not included with the final determination letter that will be provided to you, the following are resources where you can obtain the form:

• The Request for Hearing Form  can be obtained by emailing the Hearings Unit at hcidla.gmhearings@lacity.org

• The Request for Hearing Form can be obtained from any of LAHD’s Public Counters: housing.lacity.org/about-us/public-counters

WHAT IS THE COST OF FILING AN APPEAL?

Appeals must include a check/money order for $35 or a signed low income fee waiver form. The waiver form can be found at the back of the Request for Hearing Form.

WHEN WILL HEARINGS BE SCHEDULED?

If a complete appeal application is submitted in a timely manner, LAHD will schedule a Rent Adjustment Appeal Hearing within 30 calendar days of the Department’s receipt of the appeal. The Hearing is a venue where property owner(s,) tenant(s), and other interested parties can present their cases and evidence. The Hearing Officer will take all accounts into consideration and provide a determination to address the issues.

HOW WILL I KNOW THE OUTCOME OF MY APPEAL?

The Hearing Officer will make a determination on the appeals within 45 days after the expiration of the 15 days allowed to request a hearing. The outcome of the hearing will be the final determination.