Earthquake Retrofit Ordinance

Earthquake Retrofit Work- Tenant Habitability Plan

 

INTRODUCTION

In October 2015 the Los Angeles City Council unanimously approved one of the nation’s toughest retrofitting ordinances, mandating seismic upgrades aimed at improving earthquake safety in over 14,000 buildings throughout the city. 

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This guide is designed to help property owners understand and navigate the complex process of compliance with the Tenant Habitability Plan, which is a core requirement that must be fulfilled prior to retrofitting work being approved or permitted. We believe every property owner should be informed.

WHAT IS THE TENANT HABITABILITY PLAN? 

The Tenant Habitability Plan is a new requirement that has been imposed jointly between the Los Angeles Housing & Community Investment Department and the Department of Building & Safety to ensure property owner compliance with all housing regulations when conducting construction and upgrades. Most property owners are unaware of this new requirement, which can be lengthy and complicated. 

The Tenant Habitability Plan was originally adopted by the City of Los Angeles to encourage owners of apartment properties to renovate and update their properties. A key benefit of the Plan was that property owners could perform improvements and pass through a portion of the associated costs to the tenants. The Tenant Habitability Plan is of great value for multifamily property owners who elect to update and refurbish properties at their own discretion, but not necessarily for owners under the burden of mandatory compliance with ordinances such as the soft-story retrofitting requirements. 

WHAT IS THE PROCESS? 

STEP 1: Preparing & Serving of Notice of Work 

Property owners must provide every tenant with: 

  • Estimated start and end dates of proposed construction/ renovation work for which the Tenant Habitability Plan is being prepared for; 
  • Comprehensive details of the work to be performed. This needs to describe the potential disturbance and impact on each tenant and household; 

Property owners must provide an individual plan for every unit in their building. 

  • Detailed plans outlining the temporary or permanent relocation plans for each individual tenant. Owners must outline where tenants will be relocated to, per diem amounts to be provided, efforts owners will undertake to assist with relocation to and from the property; 
  • Detailed contact information for the Los Angeles Housing Department and Habitability Department; 
  • Notice of their rights to reoccupy their units under the same terms as prior to their relocation; 
  • Notice that they have the right to appeal the Tenant Habitability Plan with the Los Angeles Housing Department within 15 Days of being served by Landlord.

Key Items to Consider: 

Owners of properties built prior to 1979 must obtain a comprehensive lead-based paint and asbestos report from a licensed contractor. Testing generally includes interior walls, doorways, windows, and ceilings. In addition, all exterior stucco and roofing is also tested. All asbestos and lead based paint must be properly treated and abated prior to commencement of retrofitting. 

The Notice of Work must be served to all tenants 60 Days prior to commencement of retrofit work. 

Tenants do not have to agree to the owner’s plan and may appeal the Tenant Habitability Plan with the Los Angeles Housing Department. 

STEP 2 Preparing THE TENANT HABITIABILITY PLAN FOR DEPARTMENT OF HOUSING REVIEW

Application package must: 

  • Clearly identify the property owner and the general contractor and sub-contractors responsible for the construction and retrofitting work; 
  • Clearly identify all affected tenants, including their names, current rent, date of their last rent increase, and phone numbers. The Housing Department will call to verify compliance with notice timelines and tenants’ acceptance of Tenant Habitability Plan; 
  • Provide a detailed description of all aspects of the work involved, including estimates of the anticipated time-frame and cost of the entire project. Application must break down the work to be completed, estimated time-frame of the work, and anticipated costs for each affected unit; 
  • Clearly identify the impact of the work to each individual tenant. This must include expected disturbance resulting from noise, utility interruption, potential exposure to hazardous material, potential interruption of fire safety systems, potential inaccessibility to all or portions of the building and common areas, and possible disruption of any other tenant services; 
  • Clearly identify mitigation measures that will be adopted to minimize disturbances and effects to tenants. This may include the adoption of work procedures that will allow tenants to remain in their units and/or the relocation of tenants. 
  • Identify the potential impact of the work on the personal property of the tenants. This must include how personal belongings and furniture will be protected from dust, debris, and hazardous materials, and protection of personal property from theft or damage; and, 
  • Provide the Housing Department proof that the tenants have been served the “Notice of Work” in a timely manner. 

STEP 3 REVIEW AND APPROVAL OF PLAN BY DEPARTMENT OF HOUSING

The Department of Building and Safety will not issue permits for retrofitting work prior to receiving approval from the Housing Department that the Tenant Habitability Plan has been submitted and approved. 

  • Within five days of submission, the Housing Department will determine whether the Tenant Habitability plan submitted by the property owner meets the minimum standards. 
  • Approval is subject to the owner having a zero-balance for code enforcement and rent registration fees. 
  • The Housing Department will contact each tenant and verify their approval of the Plan, and ensure timely receipt of notices. 
  • Following review, the Housing Department may provide owners with corrections. Upon completion of the corrections, the Plan may be re-submitted for additional review and approval.