Los Angeles, California COVID-19 Eviction Protections have Expired

Evictions before and after the COVID-19 protections

Lawmakers enacted COVID-19 protections, and evictions across the region dropped. In L.A. County, eviction court filings fell by about 83%. Evictions that the sheriff’s department served declined by about 85% compared with the same period in 2019.

However, by late 2022, evictions had returned to pre-pandemic levels. That happened even with L.A. County’s COVID-19 limits still in place. During the pandemic, landlords filed over 54,000 eviction court cases. Nearly 15,000 evictions took place between April 2020 and December 2022.

Some tenants stayed housed after they invoked the county’s COVID-19 eviction rules in court. Others were caught off guard when they had to defend themselves from eviction.

The L.A. City Council recently voted in favor of pursuing a “right to counsel” ordinance. If it passes into law, it would provide free attorneys to renters in the city who face an eviction. However, landlords argue that eviction filings and lockouts have risen in recent months. They say the numbers are still significantly lower than pre-pandemic levels.

The City of L.A. COVID-19 eviction protections for nonpayment of rent have expired. Starting today, renters must pay their full current monthly rent to avoid eviction for non-payment of rent. pic.twitter.com/0Oeh9AO0E3

— L.A. City Attorney Hydee Feldstein Soto (@CityAttorneyLA) April 1, 2023

Eviction protections, rent increases and the Rent Stabilization Ordinance

Annual rent increases are currently prohibited for rental units that fall under the City of Los Angeles Rent Stabilization Ordinance (RSO). The prohibition runs through January 31, 2024.

To find out if your unit falls under the RSO, click HERE (zimas.lacity.org). Enter your address and click the Housing tab. The page then shows the RSO status for the property.

WHAT PROTECTIONS ARE BEING EXTENDED BEYOND MARCH 31, 2023?

The first group is residential tenants and mobilehome space renters who used the County’s non-payment of rent protections between July 1, 2022 and March 31, 2023. They have these protections:

• Protection against eviction for No-Fault evictions reasons, except for qualified Owner Move-in
• Anti-harassment and retaliation protections during the Resolution’s protection periods
• Starting April 1, 2023, landlords must serve tenants with a written 30-Day Notice before they file an eviction based on nonpayment of rent. This covers rent that accrued between July 1, 2022 and March 31, 2023.

The second group is residential tenants and mobilehome space renters with unauthorized occupants or pets due to COVID-19. They began residing in the unit between March 1, 2020 and January 20, 2023. They have these protections:

• Anti-harassment and retaliation protections during the Resolution’s protection periods
• Starting April 1, 2023, landlords must serve tenants with a written 30-Day Notice before they file an eviction based on the presence of unauthorized occupants or pets.

WHAT SHOULD TENANTS DO WHEN EVICTION PROTECTIONS END IF THEY ARE UNABLE TO PAY RENT THROUGH MARCH 31, 2023?

Qualifying tenants who are unable to pay rent must notify their landlord within seven (7) days of the rent being due. The exception is when extenuating circumstances exist.

WHO QUALIFIES FOR NONPAYMENT OF RENT PROTECTIONS?

Residential tenants and mobilehome space renters with household incomes at or below 80% of the Area Median Income (AMI) have protection for nonpayment of rent due to a COVID-19 financial hardship. This covers rent owed between July 1, 2022 and March 31, 2023.

In addition to the AMI threshold, residential tenants and mobilehome space renters must meet one more condition. They must have experienced a substantial loss of monthly household income of at least 10% and/or have increased unreimbursed monthly household costs of more than 7.5%. Then they have protection against eviction for non-payment of rent between July 1, 2022 and March 31, 2023. Tenants who fulfill the requirements under the Resolution may have an affirmative defense to an Unlawful Detainer (eviction) action.

HOW LONG DO TENANTS OR SPACE RENTERS HAVE TO REPAY PAST DUE RENT OWED?

Residential Tenants (including mobilehome space renters) will have up to twelve (12) months to repay any past due rent.

NOTE: The County’s Resolution does not cancel or stop rent from being owed. It also does not stop the accumulation of back-rent owed during the protected period. Tenants should pay their rent if they are able. The County encourages them to work out a repayment plan with their landlord.

Reach out to us at 800-593-8222 or visit Stay Housed LA if you receive a written notice from your landlord. You can see if you qualify for free legal assistance and short-term rental assistance. You can also get help understanding your rights and access to other resources.

CAN A LANDLORD EVICT A TENANT OR SPACE RENTER TO MOVE INTO A UNIT WHILE THE RESOLUTION IS IN PLACE?

Under the Resolution, a landlord or a qualifying family member can move into a single-family home, mobilehome space, condominium unit, duplex, or triplex (collectively “units”). They must meet the following criteria:

• The landlord or landlords qualifying family member must physically reside at the property for at least thirty-six (36) consecutive months; and
• The landlord or landlords qualifying family member must be similarly situated to the tenant currently occupying the home; and
• The landlord must provide at least sixty (60) days’ notice to Tenant; and
• The landlord must pay tenant relocation assistance as required by the County’s Rent Stabilization and Tenant Protections Ordinance or the incorporated city’s applicable ordinance or regulation.

Landlords will need to use the following forms to evict the tenant(s). The forms also provide notice to the Department of Consumer and Business Affairs:

• Landlord Move-in Disclosure
• Proof of Service

Landlords may refer to the Relocation Assistance FAQs for further guidance on the required relocation amounts.

WHAT SHOULD TENANTS DO IF THEY RECEIVE AN EVICTION NOTICE?

It is important to seek legal assistance in responding to any eviction or “Unlawful Detainer” action that a landlord files. Tenants who receive an eviction notice should immediately contact Stay Housed LA. You can see if you qualify for free legal assistance. You can also get help understanding your rights, responding to notices, short-term rental assistance, and access to other resources. Visit www.stayhousedla.org or call DCBA at 800-593-8222 for more information.

Tenants do not have to leave their units unless the Sheriff’s Department serves them with a five (5) Day Notice to Vacate.

The County protections may provide an affirmative defense if a landlord serves a tenant with an “Unlawful Detainer” (eviction). They may also help if the tenant faces other civil actions for unpaid rent accrued during the protected period due to COVID-19 related financial impact.

WHAT IF A LANDLORD VIOLATES THE RESOLUTION?

Landlords may not harass or intimidate tenants and space renters who exercise their rights under the Resolution. Landlords who violate this provision may face administrative fines and penalties. A tenant, space renter, or a representative acting on their behalf, may sue a landlord in court for violations of the Resolution.

Additionally, the County or State protections, or a combination of these, may provide an affirmative defense. This applies if a tenant or space renter faces an unlawful detainer (eviction) or other civil actions for failure to pay back rent due to financial impacts from COVID-19.

A landlord may not be criminally or civilly liable for pursuing and filing an unlawful detainer action in two cases. The first is a reasonable belief that a tenant’s self-certification is fraudulent. The second is a reasonable belief that the tenant cannot prove a substantial loss of income and/or increased household costs as an affirmative defense that the Resolution provides.