Los Angeles Rent Stabilization Ordinance reads:
1. A landlord cannot demand or collect rent until such time as it registers a tenant's rental unit.
2. A tenant may withhold any rents, otherwise due, until such time a landlord registered rental unit.
3. In an unlawful detainer action, a tenant may raise as an affirmative defense the landlord's failure to register his/her rental unit.
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In February 2011, the landlord submitted his annual Registration/Exemption Application to the Housing Department. He paid the annual registration fees for most of building's rental units. Simultaneously, he attached a Detailed List of Exemption Claims—wherein he specifically listed the apartment numbers of each rental unit that qualified for an exemption from registration. My apartment did not qualify; nevertheless, the landlord did not register my rental unit at that time. Instead he specifically included my apartment number on the list of exemption claims.
At that time, even though my rent was current, the landlord tried to force me to move out, without just cause. It also made illegal rent increases. After I filed complaint for violation of, amongst other provisions, the registration requirements, LAHD ordered the registration of my rental unit. However, the landlord did not comply.
I experienced other problems with landlord and finally decided to exercise my rights under the Ordinance: I withhold rent due to non-registration. The landlord sued me in an unlawful detainer action for the alleged failure to pay the rent to which it was entitled. Two days ago, the judge found in favor of the landlord. Incidentally, the landlord prevailed by making false statements concerning certain material facts.
The landlord told the judge that he had indeed registered my rental unit, in April 2011. Consequently he asserted that my claims of non-registration of rental unit and my right to withhold rent were not valid. Curiously enough, the landlord never offered to present an amended 2011 Registration/Exemption Application, which reflected his alleged registration of my rental unit. Also, he did not show a corresponding amended Detailed List of Exemption Claims, i.e., one with my rental unit number removed therefrom. Nor did he show a record of payment for any later registration fees that occurred after the date of my documents. So, I simply don't know what inferences or conclusions the judge used to make certain factual findings in favor of the plaintiff.
After the trial, I checked with Housing Department. It informed me that the landlord had not registered my rental unit for 2011, as he had testified. It is willing to provide me with a certified document which will indicate that they have no records of the transactions which the landlord alleged to have made. The document would also indicate that—as of the "current date"—my rental unit is still unregistered. Finally, the Department will also confirm that my Detailed List of Exemption Claims is still current.
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I am substantially certain that I can now irrefutably prove landlord's perjury...
1. After an adverse ruling, can I promptly file a motion for relief from judgment or a motion to vacate judgment?
2. If so, must I first deposit certain funds with the court, before it permits me to file the motion or grants a hearing on the motion
3. What are the notification requirements of the motion hearing?
4. Would I need to seek an ex parte order shortening time for hearing?
5. What is the notification requirements for seeking the order?
1. A landlord cannot demand or collect rent until such time as it registers a tenant's rental unit.
2. A tenant may withhold any rents, otherwise due, until such time a landlord registered rental unit.
3. In an unlawful detainer action, a tenant may raise as an affirmative defense the landlord's failure to register his/her rental unit.
----
In February 2011, the landlord submitted his annual Registration/Exemption Application to the Housing Department. He paid the annual registration fees for most of building's rental units. Simultaneously, he attached a Detailed List of Exemption Claims—wherein he specifically listed the apartment numbers of each rental unit that qualified for an exemption from registration. My apartment did not qualify; nevertheless, the landlord did not register my rental unit at that time. Instead he specifically included my apartment number on the list of exemption claims.
At that time, even though my rent was current, the landlord tried to force me to move out, without just cause. It also made illegal rent increases. After I filed complaint for violation of, amongst other provisions, the registration requirements, LAHD ordered the registration of my rental unit. However, the landlord did not comply.
I experienced other problems with landlord and finally decided to exercise my rights under the Ordinance: I withhold rent due to non-registration. The landlord sued me in an unlawful detainer action for the alleged failure to pay the rent to which it was entitled. Two days ago, the judge found in favor of the landlord. Incidentally, the landlord prevailed by making false statements concerning certain material facts.
The landlord told the judge that he had indeed registered my rental unit, in April 2011. Consequently he asserted that my claims of non-registration of rental unit and my right to withhold rent were not valid. Curiously enough, the landlord never offered to present an amended 2011 Registration/Exemption Application, which reflected his alleged registration of my rental unit. Also, he did not show a corresponding amended Detailed List of Exemption Claims, i.e., one with my rental unit number removed therefrom. Nor did he show a record of payment for any later registration fees that occurred after the date of my documents. So, I simply don't know what inferences or conclusions the judge used to make certain factual findings in favor of the plaintiff.
After the trial, I checked with Housing Department. It informed me that the landlord had not registered my rental unit for 2011, as he had testified. It is willing to provide me with a certified document which will indicate that they have no records of the transactions which the landlord alleged to have made. The document would also indicate that—as of the "current date"—my rental unit is still unregistered. Finally, the Department will also confirm that my Detailed List of Exemption Claims is still current.
---
I am substantially certain that I can now irrefutably prove landlord's perjury...
1. After an adverse ruling, can I promptly file a motion for relief from judgment or a motion to vacate judgment?
2. If so, must I first deposit certain funds with the court, before it permits me to file the motion or grants a hearing on the motion
3. What are the notification requirements of the motion hearing?
4. Would I need to seek an ex parte order shortening time for hearing?
5. What is the notification requirements for seeking the order?
