Mediation is an informal and voluntary way of resolving disputes between tenants and landlords. It is also a means of addressing certain Rent Stabilization Ordinance requests as an alternative to an administrative hearing. Mediation helps to promote communication between the parties by opening up dialogue, fostering positive tenant-landlord relations.
1. What kinds of disputes can be mediated?
Mediation offers tenants and landlords an opportunity to resolve a wide variety of issues:
- The performance of maintenance and repairs in a tenant's apartment, such as when carpets or vinyl floors, drapes and/or wallpaper need to be replaced; when the apartment needs to be painted; when appliances need to be repaired or replaced; or when other maintenance needs to be done.
- The performance of maintenance and repairs in a common area shared by more than one tenant, such as a washer or dryer in the laundry room that is not working, or a hallway carpet that needs replacement.
- The substantial reduction or loss of housing services (amenities) that were previously provided by the landlord as part of the rent, such as the loss of parking space or loss of the services of a resident manager.
- Other general disputes that may arise between the tenant and landlord, such as a refund of overpayment of rent, or a dispute over the payment of interest on a security deposit.
2. Who conducts the mediation?
Mediation is conducted by a staff member from the City's Rent Stabilization Department who has considerable training and experience in assisting tenants and landlords in resolving their disputes.
3. What happens during mediation?
The tenant and landlord meet with the mediator in a neutral setting. The mediator is an impartial third party who does not take sides but serves to facilitate the discussion and focus on all the issues. The tenant and landlord have the opportunity to communicate openly and directly with each other to arrive at a mutually satisfactory agreement.
4. Can the landlord and tenant be required to mediate?
No. Mediation can be requested by either the tenant or the landlord, but participation by the parties is voluntary.
5. Is the mediation open to the public?
No. One of the advantages of mediation is that the proceedings only need to include the parties involved in a dispute and the mediator.
6. What are the major advantages of Mediation?
There are several advantages to mediating a dispute:
- There are no filing fees or forms to complete.
- There is no waiting period.
- Mediation is scheduled at the convenience of the tenant and landlord, including evenings and weekends.
- Mediation is non-adversarial; both parties benefit.
- Mediation can lead to a more positive relationship between the tenant and landlord.
- Mediation can address a wide range of issues.
- The tenant and landlord arrive at their own resolution voluntarily rather than having a decision imposed upon them.
7. If an agreement is reached is it binding?
A mediation agreement that is reached between the tenant and landlord is the result of a voluntary process. The agreement can be written and signed by all the parties at their request. This agreement is not enforced by the City's Rent Stabilization Department. However, since the parties voluntarily participate in mediation and negotiate their own agreement to resolve their disputes, most of the agreements reached between tenants and landlords are followed.
8. What if an agreement is not reached?
If an agreement is not reached during mediation, the tenant or landlord can still take advantage of their rights under the Ordinance, and file for a hearing. In addition, tenants and landlords still retain all of their legal options, such as going to court.
9. What if the tenant has already filed for a hearing?
Mediation can be scheduled prior to a hearing to resolve housing services or maintenance issues regarding the tenant's amenities. By requesting mediation before the scheduled Hearing, the tenant and landlord have the opportunity to make their own decisions about what is to be done and when. If the tenant and landlord are able to come to an agreement about the items before the Hearing takes place, the Hearing may be withdrawn.
10. What if the hearing has already taken place?
Mediation can also be scheduled after a hearing if there are other issues to be resolved between the tenant and landlord, or if they are having difficulty in scheduling work that has been ordered by the hearing.
The City of West Hollywood is one of the first communities to incorporate mediation into its official efforts to implement a Rent Stabilization Ordinance. A tenant or landlord seeking to utilize the mediation service can do so by contacting the Mediator in the West Hollywood Rent Stabilization Department at (213) 848-6436 or (213) 848-6450.
If you have any questions regarding Mediation, or about your rights and responsibilities under the Ordinance, please contact the Department during normal business hours: Monday between 8 a.m. and 7 p.m., or Tuesday 9:00 a.m. to 6:00 p.m., Wednesday and Thursday 8:00 a.m. to 6:00 p.m., and Friday 8 a.m. and 5 p.m. The Department is closed alternate Fridays to meet AQMD clean air standards. Our phone number is (213) 848-6450. Our office is located on the First Floor at 8300 Santa Monica Boulevard.
The Rent Stabilization Ordinance is amended periodically. Tenants and property owners are encouraged to contact the West Hollywood Rent Stabilization Department for the most current version of the Ordinance. This fact sheet is one in a series published by the City of West Hollywood's Rent Stabilization Department.
If you have any suggestions for new additions to our web pages, please e-mail: rsd@ci.west-hollywood.ca.us