Santa Monica staff outline tenants’ maintenance remedies, petition process and relocation payments

Steve, a rent-control staff member, opened an evening presentation by Santa Monica City’s rent-control office and code-enforcement division and laid out when landlords must maintain rental properties and what tenants can do if they do not.

The presentation explained two principal remedies for tenants: a rent-decrease petition for deteriorated conditions or lost amenities, and a construction-related decrease when ongoing work substantially interferes with habitability. “You can’t as a landlord add maintenance costs onto the rent,” Steve said, noting owners remain responsible for deferred maintenance even after ownership changes.

Why it matters: The staff detailed how rules differ depending on when a tenancy began, what tenants may claim as a base amenity, how to give proper written notice and where to file. Antonio Vargas, an information coordinator for Rent Patrol, said base amenities for tenants who moved in before Jan. 1, 1999 are determined by what was recorded on April 10, 1978 — the original registration files — though tenants may present sworn testimony or other evidence to show an unrecorded amenity existed.

How petitions work: Staff emphasized tenants must give written notice (email, mailed or hand-delivered) and wait 30 days before filing; text messages do not qualify. Petitions go first to mediation; if unresolved, a hearings officer inspects evidence and may set a decrease based on the degree of deterioration, loss of service or construction impact. Decreases remain in effect until a compliance determination is filed and granted. “The hearings officer determines the amount of decrease based on the degree of deterioration, lack of maintenance or limitation to housing service or amenity,” staff said.

Construction-related decreases: Antonio explained these are distinct from ordinary rent decreases: they require prior notification to the rent-control office and apply only while construction impacts are ongoing and substantially interfere with occupancy. Decreases are effective from the date tenants first experienced the impacts. Regulation ranges cited by staff are advisory; hearing officers make case-by-case rulings.

Code enforcement and habitability: Maurice Kosher, a City of Santa Monica code-enforcement supervisor, reviewed the city’s property maintenance code (Article 13, chapter 1302), adopted Aug. 22, 2023, which establishes minimum standards and administrative enforcement tools for nuisance and maintenance conditions. Habitability determinations cover conditions that endanger life or safety (lack of hot/cold running water, severe mold as determined by a health officer, defective plumbing or wiring, blocked egress) and can trigger temporary relocation benefits.

Temporary relocation payments and process: Maurice gave current per-diem rates and options landlords must provide when temporary relocation is required: hotel/motel at $390 per day per household; meal reimbursement $41 per day per person if the temporary unit lacks cooking facilities; pet accommodations up to $38/day per cat and $70/day per dog (reimbursed with receipts). Tenants continue to pay rent during relocation and retain the right to return at the same rental rate. If landlords select a per-diem option they must pay within 24 hours of relocation, staff said.

Coordination, enforcement and appeals: Staff described interagency coordination (rent control, code enforcement and the city attorney) and clarified thresholds such as the 16-unit requirement for on-site management under state law. Code enforcement officers use moisture meters and on-site inspections, issue notices of violation and habitability determinations, then may escalate to administrative citations and referral to the city attorney if owners fail to comply. Staff noted appeals and supplemental evidence are handled case by case through the hearings process.

Resources and next steps: Presenters showed where to find petition forms and instructions on SantaMonica.gov/rentcontrol, reiterated the 30-day notice/180-day cutoff window for notices, provided code-enforcement contact information (310-458-4984), and encouraged tenants to contact the city attorney’s consumer-protection division for harassment or licensing issues. The presentation closed after a final Q&A; commissioners Phyis Studich and K. Ambry were present in the audience.

Ending: The session ended with staff inviting attendees to sign in on the way out and reminding tenants that many remedies are case-by-case and depend on the evidence presented in hearings.