Tenants (as defined in the Rent Control Charter) who are not occupying their units as their residence may be subject to market rate rent increases. Existing tenants (or their lawful subtenants) will have to be residents of the units they rent, or they could lose the benefits of controlled rents.
Regulation 3304 was adopted by the Santa Monica Rent Control Board to avoid a much worse piece of proposed state legislation and because rent control was established to alleviate a growing housing shortage that still exists. Regulation 3304 goes into effect March 15th. By now, you should have received a mailing from the Rent Board to inform you of its terms. It is also available on the Rent Board’s web page http://www.santa-monica.org/rentcontrol
This article is to let tenants know some precautions they may take if they plan to be away from their unit for any extended periods of time .
There will be clear cases of tenants who will be subject to landlord petitions for market rent increases, including those who use their unit solely as an office or merely for storage. In addition, those who keep their unit only as a vacation home for themselves or others will be eligible for a market increase.
There will be many cases that are not clear cut. Many of these should be decided in favor of the well-prepared tenant whose unit is their "normal place of return." These cases will be decided by Rent Board Hearing Examiners based on the preponderance of the evidence and the totality of the circumstances. If a tenant is away taking care of a family member or going to school or traveling or working, the law is designed to protect the tenant, so long as he or she can prove that the unit is their residence and that his or her intention is to return and keep it as their home.
Be prepared (Suggestions for tenants who may be away from their units for an extended period of time).
Let the Rent Board know where to get in touch with you. The Rent Board will attempt to notify you if the landlord files a petition, and you will have the opportunity to respond. If you plan to be away from your unit, file all your addresses, email addresses, and telephone numbers with the Rent Board (1685 Main St., Santa Monica, 90401; 310-458-8751 & fax 458-3512) as well as the names and addresses of any representatives. If you are away searching for the Lost Ark, you will still need to make yourself reachable and available somehow. You will be allowed to fax documents. If a hearing takes place, you will be allowed to testify by telephone or in person.
While away, ask a neighbor, friend or representative to check your mail frequently and contact you if you receive any notices from the owner (or agent), the Rent Board or a court. Owners will have to pre-notify you by mail at any known addresses at least 10 days before filing with the Rent Board. However, It is often advisable to consult with a tenant attorney before giving one's landlord any information about your comings and goings. Some tenants arrange with their owners for all notices to be served on their attorneys.
If you plan to be away for any significant length of time, you should consult with a good tenant attorney before you go. If you are already away, consult with an attorney right away. No list like this can replace detailed legal advice from an attorney based on individual case facts and circumstances. Legal Aid is available for low income households to discuss these issues (Call 310-899-6200 for an appointment).
You should discuss with an attorney the filing of documents with government agencies to indicate your residence address. If you are a resident of Santa Monica, documents like voter registration, car registration, driver's license, tax filings, etc. can be used to indicate your residence. Rent and tax law are complicated, and both may require experts to best protect your interests.
If you live in your unit and this is your normal place of return, most of your household and personal possessions probably should logically be in your unit. This would likely be true even if you spend many nights away from your unit.
Read Regulation 3304 right away. If a petition for a rent increase is filed by your landlord, you should obtain the Rent Board's "How to prepare for a Rent Control hearing" fact sheet and rent adjustment regulations. You should consider getting a good tenant attorney.
If you wonder if Regulation 3304 might impact you or have other questions, you may call the Rent Board at 310-458-8751 and/or SMRR's Voice Mail Tenant Hotline at 310-394-0848.