understanding of RSO (West Hollywood: rental, eviction, month to)

[trd323]

(2) The landlord cannot necessarily evict for having additional occupants. Given the extraordinary rents these days even under rent control, many tenants are doubling up or finding temporary housing with a friend until they find another place, and this reason for eviction is growing. The "additional" tenant is not a replacement for a former roommate, nor a guest who resides elsewhere or has lived there exclusively less than 30 days. This is not the tenant's additional child, either by birth or custody change, but this exemption only applies to TWO additional children. This is not the sole additional adult, either, which permits an adult caretaker, parent, friend, lover, or other person to join the tenancy. The landlord still has the right to reasonably disapprove of the new tenants [except the children] and to charge the additional 10% for each new tenant [except the first additional child] who stays beyond 30 days, by a 30-day written notice changing terms of tenancy. The disapproval is limited to the new tenant's rental history, ability to pay the extra 10% rent [Reg. 310.10] or exceeding overcrowding limits [about 50' per person -Reg 952.01]. It seems that the 30-day notice can't be given until after the 30 day stay, so that it wouldn't take effect until the third month of such occupancy.

If I had 2 kids and I moved in to a month to month lease agreement and I move out, but the kids stayed to continue paying rent.

Does this protect my kids from being evicted and having the landlord raising rent?

[katenik]

i'm sorry you're not getting the definitive answer you're looking for, but the issue is complicated by the fact that your mother moved out. your problem isn't that she brought additional persons into the unit; it's that she doesn't live there anymore, and doesn't even pretend to. in the landlord's view, she surrendered possession, and although he might hesitate to try to evict her (now adult) children, he's going to try to bring the rent up to market value if he can. no single piece of legislation can address all circumstances that might arise, so whether his actions are lawful per LARSO are a matter for the housing board or courts to decide. unless you can find someone who was in an identical situation to tell you how it turned out for them, you'll probably have to talk to an attorney to find out exactly where you stand. i'm sure this issue has arisen before, and s/he will be able to tell you how it is handled in this jurisdiction.

[PureHapa]

Try Bet Tzedek - they offer some free legal help if you can't afford it. They're located in West Hollywood - look in the phone book.

Seems like the issue is that the tenant (your mom) left, and so you are the "new" tenant. And with a new tenant the landlord can raise the rent under rent-control. Get the legal advice to make sure.