Los Angeles County Moratorium Ending & New Los Angeles City Regulations
Los Angeles County
On March 21, the Los Angeles County Board of Supervisors held a prolonged public debate and ultimately decided against endorsing a resolution that would have prevented landlords from evicting tenants without just cause. As a result, most of the County’s tenant emergency protections have expired as of March 31, 2023.
Beginning April 1, 2023:
- Rent payments must resume for rent due on or after April 1, 2023 to avoid eviction.
- Certain protections have remained after the expiration of the emergency resolution, specifically households who utilized the County’s non-payment of rent protections between July 1, 2022 and March 31, 2023
New Guidelines
Residential tenants who utilized COVID-19 Tenant Protections Resolutions deferment for rent due between July 1, 2022 through March 31, 2023 will have ongoing protections against
- No-fault evictions with the exception of owner occupancy
- Protection against retaliation and harassment
- NOTE: Residents who have utilized the County’s tenant protections for rent due between July 1,2023 through March 31,2023 have 12 months to repay unpaid rent for that period. Once this 12-month period is up, you must serve your tenant a 30-day Notice before filing and eviction)
- From April 1, 2023, landlords must issue a written 30-Day Notice to Perform of Quit before evicting tenants due to unauthorized occupants or pets that moved in between March 1, 2020, and January 20, 2023. During the protection periods, anti-harassment and retaliation protections apply.
- For residents who have not utilized the county tenant protection, Starting April 1, 2023, landlords must serve tenants with a written 30-Day Notice prior to filing an eviction based on nonpayment of rent for rent accrued between July 1, 2022, and March 31, 2023.
COVID-19 Rent Repayment
A tenant whose household income meets specific income requirements as specified in the County moratorium, and was unable to pay rent incurred from July 1, 2022 through March 31, 2023 related to the COVID-19 pandemic or government response, shall receive up to twelve months following the expiration of the moratorium to repay that rental debt. Tenant income requirements include:
- Tenant’s household income is at or below 80% of the Area Median Income (AMI)
- Tenant(s) experienced a substantial loss of monthly household income of at least 10% and/or have increased, unreimbursed household costs of more than 7.5%
Repayment Periods
Protected Period
RENT DUE: March 1, 2020 through September 30, 2020
- Rent payable 12 or more months ago should be pursued in civil court. Consult legal council
- Note: statues of limitations (Oral contracts, 2 years from the date contract was broken | Written contracts 4 years from the date the contract was broken)
Transition Period
RENT DUE: October 1, 2020 through June 30, 2022
Repayment Due Date: August 1, 2023
- Note: statues of limitations (Oral contracts, 2 years from the date contract was broken | Written contracts 4 years from the date the contract was broken)
Extension Period
RENT DUE: July 1, 2022 through March 31, 2023
Repayment Due Date: March 31, 2024
Establishing a Repayment Plan
Rental property owners and their tenants are encouraged to work together to establish a repayment plan for any unpaid rents which accrued during the specified timeframes mentioned above. Furthermore, if a tenant household meets the income requirements specified in the County’s Moratorium, their failure to make a payment on an agreed-upon payment schedule will not be considered as a valid reason for eviction. Rather, it can be cited as a defense against any eviction proceedings.
Rent Increases
A number of the incorporated cities of Los Angeles County have adopted local rent restrictions for specific properties in their municipalities. Please check with your city to find out whether it is governed by a local ordinance limiting rent increases. Most properties in the State of California are subject to the Tenant Protection Act of 2019, otherwise known as Assembly Bill 1482 (AB1482). Currently, rent increases for properties subject to AB1482 is limited to 10%.
Additionally, it is important to beforehand notify tenants of the status of the rental property in relation to AB1482, specifically, whether or not the property is subject or exempt to this state law. This language must be included in your rental agreement. These forms are available through AACSC.
City of Los Angeles
On January 20, 2023, the Los Angeles City Council rejected extending the city's moratorium on evictions, but they did pass new measures to establish new tenant protections. These regulations reinforce the protections for renters offered under the city's Rent Stabilization Ordinance and apply to more than 130,000 housing units in Los Angeles. The adoption of these new rules has made the City of Los Angeles recognized as a "Just-Cause" eviction domain. Please be aware that the new regulations do not apply to rental units that are currently covered by the Rent Stabilization program.
Rent Freeze on RSO Properties
Until January 31, 2024, it is prohibited to implement annual rent increases for rental units subject to the Rent Stabilization Ordinance (RSO) of the City of Los Angeles.
Tenant Protection Notice Requirement
A Tenant Protection Information sheet describing the most recent tenant rights that are applicable in the city of Los Angeles must be given to tenants by rental property owners who enter into or renew a rental agreement on or after January 27, 2023. This requirement applies to single-family homes. On the link provided below, a copy of the Tenant Protection Information sheet can be downloaded below.
Eviction Notice Requirement
From January 27, 2023, any breach of the rental agreement, including nonpayment of rent, will require a written notice to be submitted to the Los Angeles Housing Department (LAHD) within three business days of being served to the tenant.
This written notice is mandated by the Los Angeles Municipal Code 151.09.C.9 & 165.05.B.5. Examples of written notices that will trigger this requirement include a 3-Day Notice to Pay Rent or Quit, Notice to Perform or Quit, and others. To ensure that your notice is received, it is strongly recommended that you submit it via housing.lacity.org/eviction-notices. Alternatively, if you are unable to submit the notice online, you can fill out the eviction notice provided to the tenant and send it along with the necessary form to LAHD Attention: Eviction Filing Section, PO BOX 17850, Los Angeles, CA 90057.
Rent Stabilization Ordinance Properties
Owners of RSO properties are required to register their property with the Los Angeles Department (LAHD) Rent Registry Program and display the Registration Certificate in a conspicuous location on the rental property.
Rent Repayment Period
Protected Period
Rent Due: March 1, 2020 to September 30, 2021
Repayment Due Date: August 1, 2023.
Transition Period
Rent Due October 1, 2021 to January 31, 2023
Repayment Due Date February 1, 2024.
Reference LAHD Renter Protections
“Threshold” Minimum in Evictions for Non-Payment of Rent
Los Angeles’ new tenant protections include a threshold on how much unpaid rent a tenant must owe before a rental property owner can serve a Notice to Pay Rent or Quit. Evictions due to non-payment of rent will only be allowed when the total owed is more than the standard "fair market rent" for the rental unit as determined by the US Department of Housing
The new tenant protection aims to prevent the filing of an evictions for minor amounts by setting a threshold of $1,747 in unpaid rent for tenants renting a 1-bedroom apartment. Therefore, only those tenants who exceed this threshold can be subject to eviction.
Relocation Payments Tied to Rent Increases
The following are the key points related to the new LA law concerning renters and rent increases:
- Tenants who are unable to afford a rent increase of 10% or more will be entitled to substantial relocation payments.
- Landlords will be required to pay a relocation payment in the amount of three months of "fair market rent" and $1,411 in moving expenses for economic displacements if a tenant claims they cannot afford a rent increase of 10% or more.
- Rent control units are exempted from any rent increase until February 2024.
- Housing rentals built over 15 years ago are only allowed a maximum rental increase of 10% under state law.
Unauthorized Roommates and Pets
Here are the key points related to the extension of specific protections against evictions from the moratorium by the Los Angeles City Council:
- Two protections against evictions have been extended from the moratorium.
- These protections cover unauthorized occupants/roommates and unauthorized pets.
- The protections will remain in place until January 30, 2024.
No-Fault Eviction Protections
The following summarizes tenant protections related to no-fault evictions extended to all tenants residing in the City of Los Angeles:
- All rental properties in the City of Los Angeles, including single family homes and condos, are protected from specific no-fault evictions.
- Allowable reasons for evictions include non-payment of rent, nuisance, violations of the lease agreement, owner move-in, and removal of property from the rental market.
- Non-payment however, tenants who are struggling to make rent payments due to financial hardship may have protections under this new regulation.
- Nuisance and violations of the lease agreement, disruptive or illegal behavior are all reasons for filing an eviction.
- If the landlord has legal ownership of at least 25% of the property that includes the rental unit, they may regain possession of the unit for their primary residence, provided the occupancy last at least two consecutive years. Tenants may be entitled to relocation assistance if they are evicted for this reason.
- Landlords may be allowed to remove a building from the rental market in certain circumstances, including a planned demolition or substantially renovation of the property.
Unincorporated Areas of Los Angeles County
As of April 1, 2023, rent increases on fully-covered rentals subject to the Rent Stabilization and Tenant Protection Ordinance (RSTPO) will be limited to 3% through December 31, 2023. Luxury units, as defined in the RSTPO ordinance will be capped at 5% through December 31, 2023.