How to File a Petition for Determination of a Tenant Not-In-Occupancy

Serve the tenant(s), occupant(s) and agents for the tenant(s) with a written notice that you intend to file a Petition for Determination of Tenant(s) Not in Occupancy. You may do this in one of two ways:

•  You may do this in one of two ways:

Use the “Notice to Tenant(s) of Owner’s Intention to File Petition for Determination of Tenant(s) Not in Occupancy” provided in this packet,

OR

Write your own letter. The letter must: 1) State your intention to file a Petition for Determination of Tenant(s) Not in Occupancy and 2) Set out the bases for your claim.

•  The notice or letter must be sent or delivered to all known addresses (including the subject unit) for the tenant.

•  If you are serving the notice by mail, first class mail is sufficient for the required service. Certified-return-receipt mail is not accepted as service unless accompanied by a signed return receipt from the tenant.

State all the reasons on your notice for your conclusion that the unit is not being used as the tenant(s)’ usual residence of return.

• Whether you use the notice form or write your own letter, it is essential that you specifically and clearly state the reasons why you believe the unit is not being used as the tenant(s)’ residence.
• Refer to Regulation 3304 for an explanation of the bases for such a claim.

• You will need to submit a copy of the notice/letter you served on the tenant(s), occupant(s) and agent(s) with your petition. Make a copy of it before you serve it. When copying the notice form, be sure you copy both sides.

Complete a Proof of Service form after you have served your notice or letter. A completed Proof of Service is required as part of your petition and is proof that you have served the notice.

• Two kinds of Proof of Service forms are provided in the packet. Choose the correct form and fill it out.

o If you served the notice by giving it personally to the person, fill out the Proof of Service by Personal Service form

How many Proofs of Service do I need to use?:

o If you served all notices in the same manner, (e.g., mailed all your notices), on the same day, you need only one Proof of Service. List all of the persons served and the addresses on the form. If you need more room, attach an additional page.

o If you served notices on more than one date, fill out a separate Proof of Service for each date you either mailed or served the notice.

o If you served notices both by mail and by personal delivery, fill out a separate Proof of Service form for each method of service.

Attach the completed Proof of Service form(s) to your copy of the notice form or letter you served on the tenant(s).

When you submit your Petition, both the original Proof of Service and a copy of the notice or letter must be attached to the petition.

Timelines

You must submit the petition to the Rent Control Board offices at least ten days but not more than thirty days after the date you serve the notice(s)/letter(s) on the tenant(s). If you do not file within thirty days following the service of the notice(s)/letter(s), you must serve the notice(s) again and file within thirty days of that notice.

Filling out the Petition

• Complete Parts I – III and V. In Part IV complete either Section A or B, Section C if applicable, and Section D. Please type or print.
• Page 2: Include all names, addresses and phone numbers of all tenants (including the subject unit) and all known occupants of the unit, as well as the names, addresses and phone numbers of all agents. Failure to disclose a known address will result in the denial of the petition.
• Page 3: State all the bases on which you claim the tenant(s) do not use the unit as their usual residence of return. Refer to Regulation 3304(g). Be sure you include every reason you listed on the Notice(s)/letter(s) that you want the hearing  officer to consider.
• Page 4: Use one of two methods to assist the Board in determining a new maximum allowable rent if the petition is granted. Refer to Regulation 3304(i). Complete Section A if comparable units on the property (same number of bedrooms)  were re-rented in the last three years. Complete Section B if no comparable unit(s) on the property were rented in the three-year period. In this case, the new rent will be the median rent for units with the same number of bedrooms in the area of the City in which the property is located that have received vacancy increases between January 1, 2021 and December 31, 2023. See enclosed Median MARS of Units with Vacancy Increases.
• Page 5 (top): Only complete Section C if you believe the rent determined in either Section A or B should be adjusted based on certain physical conditions of the unit or property, or amenities provided. See Regulations 3304(i)(4) and 4104(D)(4).
• Page 5 (Section D): List the rent you believe appropriate based on the Regulation.
• Page 5 (bottom): Fill out and sign the Declaration. In the declaration you are certifying, under penalty of perjury, that everything in the petition is true, that the unit is not subject to any uncorrected citations or notices of violation of any state or local housing, health or safety laws issued by a governmental official or agency, and that the unit is in substantial compliance with the provisions of the Santa Monica Rent Control law and regulations.

• It is crucial to your case to document all reasons for your contention that the tenant(s) are not using the unit as their usual residence of return. Attach every document that supports your claim. Some possible examples are grant deeds, evidence of homeowner’s exemptions or utility bills for another residential property, or a business license for this location. See Regulation 3304 for more information.
• If you complete Part IV, Section A for comparable units, attach two copies of leases/rental agreements and proof of payment for each unit.
• If you complete Part IV, Section C, and request an adjustment in the proposed rent, you must include evidence (i.e., photographs, leases detailing amenities, invoices for completed work, etc.). See Regulation 4104(D)(4) for more information.
• You may attach declarations supporting your claim. A declaration is a written statement from a potential witness signed under penalty of perjury. Be aware that declarations alone may not be sufficient evidence at the hearing. In many cases, the person who wrote the declaration should appear at the hearing to testify and be subject to cross-examination.

Call Rent Control at (310)458-8751 to make an appointment to submit the petition to the Rent Control offices in person. The following attachments must accompany the petition:

• The original petition (plus two copies)
• All documents supporting your contention that the tenant(s) do not use the unit as their usual residence of return. (2 copies)
• All documents supporting requested new Maximum Allowable Rent. (2 copies)
• Original Proof of Service form(s)
• Copy of notice/letter to tenant(s)

Staff Review of the Petition

• Once the petition is accepted for filing, Board staff will determine whether the facts in the petition, together with the attached documentary evidence, state a “prima facie” case. A “prima facie” case consists of sufficient evidence to establish your claim. Such evidence may be later contradicted and overcome by the tenant’s evidence presented at hearing.
• If the petition has insufficient evidence to prove the tenant(s) do not use the unit as their residence, the petition will be dismissed. You may appeal the dismissal or refile later if you obtain more evidence.

Petition sent to tenant for response

• If the petition is sufficient to establish a prima facie case, the Board will send a copy of the petition to the tenant(s) and occupant(s) along with a tenant response form.
• Tenant responses will be verified.
• If the tenant(s) respond that they do not contest the petition, no hearing will be held. A written decision will be issued establishing a new Maximum Allowable Rent. This increase may only be collected after you receive a final Board decision and give proper written notice to the tenant.
• If the tenant(s) contest the petition or do not return the response form, a hearing will be scheduled. All parties will receive written notice of the time and place of hearing.

Hearing

• You must attend the hearing to prove your case.
• Testimony will be taken under oath subject to cross-examination. For further information regarding what happens at Rent Control Board hearings, see “How to Prepare for a Rent Control Hearing”.
• Following the hearing, the hearing officer will issue a written decision.
• If the decision concludes that the tenant(s) do not use the unit as their usual residence of return, the decision will set a new maximum allowable rent. You may not notice or increase the rent until you receive a final Board decision authorizing you to do so. You must give the tenant(s) proper written notice of the authorized increase.

Appeal

• Either party may appeal the Hearing Officer’s decision to the Rent Control Board.
• If an appeal is filed, any increase granted in the Hearing Officer decision may not be implemented (or noticed) until the Board issues a final decision.