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Updating the County’s COVID-19 Tenant Protections Resolution to Extend, Clarify, and Gradually Phase


Motion By Sheila Kuehl & Hilda L. Solis

California Association of Realtors

January 26th, 2022 | 3:05 P.M.


In March 2020, in response to the serious health and economic impacts of the

Novel Coronavirus (COVID-19) pandemic, the County of Los Angeles adopted

emergency tenant protections creating affirmative defenses against evictions for

residential and commercial tenants in certain identified instances. Over the past 22

months, the Board of Supervisors (Board) has modified and extended these protections,

which are currently set to expire on January 31, 2022, providing timely and critical relief

to impacted tenants. The State has also taken multiple executive and legislative actions

since March 2020, to limit evictions of residential tenants.


In April 2020, the Judicial Council of California (JCC) instituted a prohibition on

the issuance of a summons or the entering of default judgments for eviction cases

brought against residential or commercial tenants, except for those instances where

tenant actions were causing serious health or safety impacts to tenants, units, or

communities.


On August 31, 2020, Governor Newsom signed Assembly Bill (AB) 3088 into law

to provide, among other things, eviction protections to residential tenants who were unable to pay rent due to the COVID-19 emergency, subject to certain requirements.

The protections offered under AB 3088 have been subsequently expanded and

extended by Senate Bill (SB) 91, AB 81, and AB 832 (collectively, State’s eviction

protections). The State's eviction protections preempt the County from reenacting or

establishing new local nonpayment of rent protections through March 31, 2022.


On September 1, 2020, the JCC lifted the prohibition on eviction filings, and on

October 1, 2021, state eviction protections for residential tenants expired. This has

allowed residential property owners to resume eviction filings with the Courts, and

tenants have been able to use State and local protections as affirmative defenses

against these filings.


The State manages Housing is Key, a federally funded rent relief program to

support property owners and income-qualified residential tenants who have struggled to

pay rent and bills due to financial hardships caused by the pandemic. As of January 11,

2022, the State has paid out over $915 million to 73,224 impacted County households,

representing 32% of the total number of households who have applied for relief in the

County. The rental assistance program has undoubtedly prevented thousands of

residents from losing their housing. However, the percentage of households who are

still awaiting funds is evidence that a good deal of work still needs to occur in order to

ensure that those most in need can receive support.


On June 22, 2021, the Board began methodically phasing out temporary eviction

protections by allowing limited owner move-ins to resume. On September 28, 2021, the

Board voted to further extend and phase out the residential and commercial protections

through January 31, 2022. During the September consideration, the Board also directed

the Chief Executive Officer (CEO), in conjunction with the Department of Consumer and

Business Affairs (DCBA), the Los Angeles County Development Authority (LACDA), Department of Public Health (DPH), and County Counsel to report back with

recommendations for data sets, metrics and other pertinent criteria to evaluate further

extensions of the COVID-19 Tenant Protections Resolution (Resolution) and to develop

a phase-out plan.


While the County has made significant progress in vaccine distribution, COVID19 cases have surged once again, this time due to the Omicron variant, which emerged in late 2021. On January 9, 2022, the County recorded 45,584 new COVID-19 cases –its highest number of new cases in one day since the pandemic's onset in March 2020.

With the recent and dramatic increase in daily COVID-19 cases, the working group is

proposing that we preserve protections relating to: (1) anti-harassment and retaliation

for all commercial tenants, (2) prohibiting enforcement of personal guarantees for rent

incurred by commercial tenants with nine employees or fewer, and (3) requiring

landlords to provide notices of rights to commercial tenants with nine employees or

fewer, as stated in the Resolution, while allowing commercial eviction protections to

expire on January 31, 2022, due to a reinstated State law preemption concerning

commercial tenancies. With respect to residential tenants, the working group, consisting

of CEO, DCBA, LACDA, and County Counsel is using current economic, housing,

health, and programmatic data in developing a thoughtful three-phase plan for

extending and lifting residential protections beginning February 1, 2022, and continuing

through June 30, 2023. The three phases include:


Phase I (February 1 – May 31, 2022): Beginning February 1, 2022, current

residential tenant and mobilehome space renter protections set forth in the

COVID-19 Tenant Protections Resolution would be extended through May 31,

2022, where not preempted by State law. Effective April 1, 2022, eviction

protections would be reinstated for all residential tenants and mobilehome space renters, including creating an affirmative defense, related to nonpayment of rent

due to COVID-19 financial hardship for rent incurred on or after April 1, 2022. In

addition, such eligible households would be able to self-certify financial hardship

in order to establish an affirmative defense in unlawful detainer actions.

Protections relating to (1) anti-harassment and retaliation for all residential and

commercial tenants, (2) prohibiting enforcement of personal guarantees for rent

incurred by commercial tenants with nine employees or fewer, and (3) requiring

landlords to provide notices of rights to commercial tenants with nine employees

or fewer would be preserved, as stated in the Resolution, while allowing

commercial eviction protections to expire on January 31, 2022, due to a

reinstated State law preemption concerning commercial tenancies.


Phase II (June 1 – December 31, 2022): Specific protections for residential

tenants and mobilehome space renters would be phased out beginning June 1,

2022. Amendments would include removing the purchase date requirement for

owner move-ins; lifting the requirement that the residential tenant can only be

displaced if the tenant has not been impacted by COVID-19 to allow for owner

move-ins; and allowing evictions for denying entry to a landlord, except when

such attempted entries constitute harassment. Eviction protections for nuisance,

unauthorized occupants or pets would remain. Eviction protections would also

continue for residential tenants and mobilehome space renters, including creating

an affirmative defense, related to nonpayment of rent due to COVID-19 financial

hardship for rent incurred on or after April 1, 2022, and are amended to apply to

households with income at 80 percent Area Median Income (AMI) or below.

Such eligible households would be able to self-certify their income level and

financial hardship in order to establish an affirmative defense in unlawful detainer

actions. Repayment of unpaid rent for those households who were unable to pay

rent in Phase 1 will be due on May 31, 2023, unless extended further by the

Board. Eligible households who self-certify income level and financial hardship

will have up to twelve (12) months from the expiration of the Phase II to repay

unpaid rent incurred during Phase 1 and/or Phase II, unless extended by the

Board to Phase III. Lastly, the rent increase freeze currently in place for

residential properties in the unincorporated areas would be extended. Protections

relating to (1) anti-harassment and retaliation for all residential and commercial

tenants would be preserved, (2) prohibiting enforcement of personal guarantees

for rent incurred by commercial tenants with nine employees or fewer, and (3)

requiring landlords to provide notices of rights to commercial tenants with nine

employees or fewer would be preserved, as stated in the Resolution.


Phase III (January 1 – June 30, 2023): Eviction protections, including self certification, for residential tenants and mobilehome space renters earning 80

percent AMI or below would continue. All other eviction protections for residential

tenants would be lifted, unless the Board considers options for extending eviction

protections for tenants who have had to house unauthorized occupants or pets.

Protections relating to (1) anti-harassment and retaliation for all commercial

tenants, (2) prohibiting enforcement of personal guarantees for rent incurred by

commercial tenants with nine employees or fewer, and (3) requiring landlords to

provide notices of rights to commercial tenants with nine employees or fewer would be preserved, as stated in the Resolution.


A thoughtful phase-out provides an opportunity for the County to consider lessons learned over the past 22 months and provides recommendations for the Board to consider related to tenant protections to create a healthier housing market post pandemic than that which existed before it began. Prior to the start of the pandemic, the Board adopted a series of permanent protections for residential tenants and mobilehome space renters in the unincorporated areas of the County, protecting hundreds of thousands of tenants who previously had little protection from significant rent increases, landlord harassment, etc. As we implement this phase-out plan, the County should simultaneously examine our existing permanent protections to determine whether changes and/or additions should be made based on lessons learned over the past two years. Additionally, many incorporated cities that do not have permanent protections and that have relied on the County’s emergency COVID-19 protections have expressed interest in adopting their own. The County should also explore opportunities to share these lessons learned and provide guidance and technical assistance to interested incorporated cities within the County.


The current unprecedented spike in the number of confirmed cases of the

COVID-19 virus makes it clear that we are not yet out of the pandemic. Adopting the

first two phases of the plan, which extends some of our local emergency residential

protections allowable under State law, while slowly beginning to lift others, is a balanced

approach to protecting the health and welfare of vulnerable tenants while also providing

thoughtful relief to impacted property owners.


WE, THEREFORE, MOVE that the Board of Supervisors:


1. Approve and direct the Chair of the Board to execute the attached Resolution,

approved as to form by County Counsel, further amending and restating the

Resolution to implement Phase I and Phase II as detailed below:


a. Phase I (February 1 – May 31, 2022): Beginning February 1, 2022, current

residential tenant and mobilehome space renter protections set forth in the

COVID-19 Tenant Protections Resolution shall be extended through May 31,

2022, where not preempted under State law. Effective April 1, 2022, eviction

protections shall be reinstated for all residential tenants and mobilehome

space renters, including creating an affirmative defense, related to

nonpayment of rent due to COVID-19 financial hardship for rent incurred on

or after April 1, 2022. In addition, such eligible households shall be able to

self-certify financial hardship in order to establish an affirmative defense in

unlawful detainer actions. The County shall preserve protections relating to

(1) anti-harassment and retaliation for all residential and commercial tenants,

(2) prohibiting enforcement of personal guarantees for rent incurred by

commercial tenants with nine employees or fewer, and (3) requiring landlords

to provide notices of rights to commercial tenants with nine employees or

fewer, as stated in the Resolution. Commercial eviction protections for

nonpayment of rent shall expire on January 31, 2022, due to a reinstated

State law preemption concerning commercial tenancies.


b. Phase II (June 1 – December 31, 2022): Specific protections for residential

tenants and mobilehome space renters shall be phased out beginning on

June 1, 2022. The purchase date requirement for owner move-ins will be

removed; the requirement that the residential tenant can only be displaced if

the tenant has not been impacted by COVID-19 to allow for owner move-ins

will be lifted. Evictions for denying entry to a landlord shall resume, except

when such attempted entries constitute harassment. Eviction protections for

nuisance, unauthorized occupants or pets shall remain. The rent increase

freeze currently in place for residential properties in the unincorporated areas

shall be extended. Eviction protections shall continue for residential tenants

and mobilehome space renters, including creating an affirmative defense,

related to nonpayment of rent due to COVID-19 financial hardship for rent

incurred on or after April 1, 2022, amended to apply to households who self certify their income levels to be at 80 percent AMI or below. The County shall

preserve protections relating to (1) anti-harassment and retaliation for all

residential and commercial tenants, (2) prohibiting enforcement of personal

guarantees for rent incurred by commercial tenants with nine employees or

fewer, and (3) requiring landlords to provide notices of rights to commercial

tenants with nine employees or fewer, as stated in the Resolution.


2. Direct DCBA, in coordination with CEO, LACDA, and in consultation with County

Counsel, to report back in 120 days with lessons learned during the pandemic

related to tenant protections, recommendations on opportunities to change or

strengthen the County's permanent tenant protections, and recommendations for

providing guidance and/or technical assistance to incorporated cities interested in

creating and adopting their own permanent tenant protections.


RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF

LOS ANGELES FURTHER AMENDING AND RESTATING THE COUNTY OF

LOS ANGELES COVID-19 TENANT PROTECTIONS RESOLUTION

January 25, 2022

WHEREAS, on March 4, 2020, the Chair of the Los Angeles County Board of

Supervisors ("Board") proclaimed, pursuant to Chapter 2.68 of the Los Angeles County

Code, and the Board ratified that same day, the existence of a local emergency because

the County of Los Angeles ("County") is affected by a public calamity due to conditions of

disaster or extreme peril to the safety of persons and property arising as a result of the

introduction of the novel coronavirus ("COVID-19") in Los Angeles County;


WHEREAS, also on March 4, 2020, the County Health Officer determined that

there is an imminent and proximate threat to the public health from the introduction of

COVID-19 in Los Angeles County, and concurrently declared a Local Health Emergency;

WHEREAS, ensuring that all people in the County continue to have access to

running water during this public health crisis will enable compliance with public health

guidelines advising people to regularly wash their hands, maintain access to clean

drinking water, help prevent the spread of COVID-19, and prevent or alleviate illness or

death due to the virus;


WHEREAS, ensuring that all customers in the County that receive power services

from Southern California Edison and Southern California Gas Company (collectively,

"Public Utilities") continue to have access to electricity so they are able to receive

important COVID-19 information, keep critical medical equipment functioning, and utilize

power, as needed, will help to prevent the spread of COVID-19 and prevent or alleviate

illness or death due to the virus;


WHEREAS, on March 13, 2020, the Public Utilities announced that they will be

suspending service disconnections for nonpayment and waiving late fees, effective

immediately, for residential and business customers impacted by the COVID-19

emergency;


WHEREAS, on March 16, 2020, Governor Newsom issued Executive Order N-28- 20

that authorizes local governments to halt evictions of renters, encourages financial

institutions to slow foreclosures, and protects renters and homeowners against utility

shutoffs for Californians affected by COVID-19;


WHEREAS, on March 19, 2020, the Chair of the Board issued an Executive Order

("Executive Order") that imposed a temporary moratorium on evictions for non-payment

of rent by residential or commercial tenants impacted by COVID-19, and other tenant

protections (formerly referred to as "Moratorium" now referred to as "Protections"),

commencing March 4, 2020, through May 31, 2020 (formerly referred to as "Moratorium

Period" now referred to as "Protections Period");


WHEREAS, on March 21, 2020, due to the continued rapid spread of COVID-19

and the need to protect the community, the County Health Officer issued a revised Safer

at Home Order for Control of COVID-19 ("Safer at Home Order") prohibiting all events

and gatherings and closing non-essential businesses and areas until April 19, 2020;


WHEREAS, on March 27, 2020, Governor Newsom issued Executive Order N-37- 20 extending the period for response by tenants to unlawful detainer actions and prohibiting evictions of tenants who satisfy the requirements of Executive Order N-37-20;


WHEREAS, on March 31, 2020, the Board ratified the Chair's Executive Order and amended the ratified Executive Order to include a ban on rent increases in the unincorporated County to the extent permitted by State law and consistent with Chapter 8.52 of the Los Angeles County Code ("Code");


WHEREAS, on April 6, 2020, the California Judicial Council, the policymaking body of the California courts, issued eleven temporary emergency measures, of which Rules 1 and 2 effectively provided for a moratorium on all evictions and judicial foreclosures;


WHEREAS, on April 14, 2020, the Board further amended the Executive Order to: expand the County's Executive Order to include all incorporated cities with the County; include a temporary moratorium on eviction for non-payment of space rent on mobilehome owners who rent space in mobilehome parks; include a ban on rent increases in the unincorporated County to the extent permitted by State law and consistent with Chapters 8.52 and 8.57 of the County Code; and enact additional policies and make additional modifications to the Executive Order;


WHEREAS, COVID-19 is causing, and is expected to continue to cause, serious financial impacts to Los Angeles County residents and businesses, including the substantial loss of income due to illness, business closures, loss of employment, or reduced hours, thus impeding their ability to pay rent; WHEREAS, displacing residential and commercial tenants who are unable to pay rent due to such financial impacts will worsen the present crisis by making it difficult for them to comply with the Safer at Home Order, thereby placing tenants and many others at great risk;


WHEREAS, while it is the County's public policy and intent to close certain businesses to protect public health, safety and welfare, the County recognizes that the interruption of any business will cause loss of, and damage to, the business. Therefore, the County finds and declares that the closure of these businesses is mandated for the public health, safety and welfare; the physical loss of, and damage to, businesses is resulting from the shutdown; and these businesses have lost the use of their property and are not functioning as intended;


WHEREAS, because homelessness and instability can exacerbate vulnerability to, and the spread of, COVID-19, the County must take measures to preserve and increase housing security and stability for Los Angeles County residents to protect public health; WHEREAS, a County-wide approach to restricting displacement is necessary to accomplish the public health goals of limiting the spread of COVID-19 as set forth in the Safer at Home Order;


WHEREAS, based on the County's authority during a state of emergency pursuant to Government Code section 8630 et seq. and Chapter 2.68 of the County Code,

the County may issue orders to all incorporated cities within the County to provide for the

protection of life and property, where necessary to preserve the public health, order, and

safety;


WHEREAS, due to the continued, rapid spread of COVID-19 and the need to

preserve life and property, the County has determined that continued evictions in the

County and all of its incorporated cities during this COVID-19 crisis would severely impact the

health, safety and welfare of County residents;


WHEREAS, loss of income as a result of COVID-19 may hinder County residents

and businesses from fulfilling their financial obligations, including paying rent and making

public utility payments, such as water and sewer charges;


WHEREAS, on May 12, 2020, the Board approved, and delegated authority to the

Chair to execute, an Amended and Restated Executive Order that extended the

Protections Period through June 30, 2020, unless further extended or repealed by the

Board, and incorporated additional provisions;


WHEREAS, on May 12, 2020, the Board determined to reevaluate the Protections

every thirty (30) days to consider further extensions;

WHEREAS, on June 23, 2020, the Board extended the Protections Period through

July 31, 2020;


WHEREAS, on June 30, 2020, Governor Newsom issued Executive Order N-71-

20, extending the timeframe for the protections set forth in Executive Order N-28-20, that

authorized local governments to halt evictions for renters impacted by the COVID-19

pandemic through September 30, 2020;


WHEREAS, on September 1, 2020, Governor Newsom signed Assembly Bill

("AB") 3088 into law to provide immediate protections and financial relief to residential

tenants, homeowners, and small landlords impacted by COVID-19, as follows:


1. Residential tenants, which includes mobilehome space renters, who are

unable to pay rent between March 1, 2020, and January 31, 2021, due to financial

distress related to COVID-19, including but not limited to, increased childcare or

elderly care costs and health care costs, are protected from eviction as described

below;

2. A landlord who serves notice on a residential tenant from March 1, 2020,

through January 31, 2021, demanding payment of rent must also: (a) provide the

tenant with an unsigned copy of a declaration of COVID-19-related financial

distress; and (b) advise the tenant that eviction will not occur for failure to comply

with the notice if the tenant provides such declaration, and additional

documentation if the tenant is a high-income tenant, within fifteen (15) days;

3. A landlord may initiate an unlawful detainer action beginning October 5,

2020, if a residential tenant is unable to deliver the required declaration within the

statutory time period;

4. Until February 1, 2021, a landlord is liable for damages between $1,000

and $2,500 for violation of the certain requirements if the residential tenant has

provided the landlord with the required declaration of COVID-19-related financial

distress;

5. A residential tenant who has provided the landlord with a signed

declaration must, by January 31, 2021, pay at least 25 percent of rent owed for the

months of October 2020, through January 2021, inclusive; and

6. Actions adopted by local governments between August 19, 2020, and

January 31, 2021, to protect residential tenants from eviction due to financial

hardship related to COVID-19 are temporarily preempted, where such actions will

not become effective until February 1, 2021;


WHEREAS, on January 29, 2021, Governor Newsom signed Senate Bill ("SB") 91 into

law, which extends through June 30, 2021, eviction protections under AB 3088, as well

as the temporary preemption of a local jurisdiction's ability to enact new or amend existing

eviction protections for nonpayment of rent due to financial distress related to COVID-19;

WHEREAS, on February 23, 2021, Governor Newsom signed AB 81 into law,

which further modified the eviction protections and the temporary preemption provisions

of AB 3088 and SB 91;


WHEREAS, on September 1, 2020, the Board extended the Protections Period

through October 31, 2020, and established the County's eviction protections as the

baseline for all incorporated cities within Los Angeles County, including cities that have

their own local eviction moratoria, to the extent the city's moratorium does not include the

same or greater tenant protections as the County's Protections;


WHEREAS, on September 23, 2020, Governor Newsom issued Executive Order

N-80-20, further extending the timeframe for the protections set forth in Executive Order

N-28-20, authorizing local governments to halt evictions of commercial renters impacted by

the COVID-19 pandemic, through June 30, 2021;


WHEREAS, the County's Protections protect residential tenants and mobilehome

space renters who are unable to pay rent due to financial impacts related to COVID-19

for the period of March 1, 2020, through September 30, 2020, and rent not paid during

that period must be repaid by September 30, 2021 under AB 81;


WHEREAS, the County's Protections also protect residential tenants and

mobilehome space renters from eviction for nuisance or for having unauthorized

occupants or pets whose presence is necessitated by or related to the COVID-19

emergency, and commercial tenants from eviction who are unable to pay rent due to the

COVID-19 pandemic, except where such occupancy is a threat to the public health or

safety, as determined by a court of law;


WHEREAS, on January 5, 2021, the Board extended the Protections, where not

preempted, through February 28, 2021, provided greater clarity to tenants and landlords

regarding their rights and responsibilities under the Protections, such as harassment and

retaliation protections, and added new protections that would have become effective February 1, 2021; however, some of these actions were preempted by the extension of AB 3088 pursuant to SB 91 and AB 81;


WHEREAS, on February 23, 2021, the Board extended the Protections Period,

where not preempted, through June 30, 2021, it also removed certain tenant protections

that were to take effect on February 1, 2021, due to preemption by the extension of AB 3088

pursuant to SB 91 and AB 81, authorized administrative fines and civil penalties pursuant

to Chapters 8.52 and 8.57 of the County Code, temporarily increased administrative fines

and civil penalties during the Protections Period, and provided aggrieved tenants a

private right of action for violations of the Protections;


WHEREAS, since the start of the COVID-19 pandemic, the primary purpose of these

Protections has been to ensure that tenants stay housed during the pandemic, thereby

minimizing the risk of uncontrolled spread of COVID-19. However, this has also

prevented owner move-ins where the tenant has not suffered financial impacts from

COVID-19, because such tenants currently are not required to move out under the

County's Protections;


WHEREAS, on June 22, 2021, the Board extended the Protections Period through

September 30, 2021, unless otherwise preempted, and has created limited carve-out to

permit owners to move into single-family homes for use and occupancy as their principal

residence, subject to certain conditions, as set forth below;


WHEREAS, on June 22, 2021, this Board authorized the following additional

protections for commercial tenants: (1) require landlords to give commercial tenants with nine

(9) employees or fewer notice of their rights under the Protections; (2) expand affirmative

defenses to include protection from enforcement of personal guarantees against any

natural person for commercial rental debt accrued during the Protections Period for

commercial tenants with nine (9) employees or fewer; and (3) specify that holdover and

month-to-month commercial tenants, unless otherwise exempted, are protected;


WHEREAS, on June 28, 2021, Governor Newsom signed AB 832 into law, which

further modified the eviction protections and the temporary preemption provisions of AB

3088, AB 81, and SB 91 (collectively, "AB 3088, as amended") and extended eviction

protections through September 30, 2021, as well as the temporary preemption of a local

jurisdiction's ability to enact new or amend existing eviction protections for nonpayment

of rent due to financial distress related to COVID-19 through March 31, 2022;


WHEREAS, while the County ramped up its vaccination efforts to prevent the

spread of the virus, the County needed to continue to protect its residents as the COVID19 variants increased and to prepare for the cold and flu season; therefore, on September

28, 2021, the Board changed the name of this resolution to the "County of Los Angeles

COVID-19 Tenant Protections Resolution," extended the Protections through January 31,

2022, clarified provisions where not preempted by State law, and expanded the owner

move-in exception;


WHEREAS, though the County has made significant progress in vaccine

distribution, COVID-19 cases have again surged due to the Omicron variant, which

emerged in late 2021, and on January 9, 2022, the County recorded 45,584 new COVID19 cases – its highest number of new cases in one day since the pandemic's beginning, demonstrating a continuing necessity to preserve and extend many of the tenant protections;


WHEREAS, in the interest of public health and safety, as affected by the

emergency caused by the spread of COVID-19, it is necessary for the Board to adopt this

Resolution Further Amending and Restating the County of Los Angeles COVID-19

Tenant Protections ("Resolution") related to the protection of life and property;


WHEREAS, on September 28, 2021, the Board directed the Chief Executive

Officer ("CEO"), in conjunction with the Department of Consumer and Business Affairs

("DCBA"), the Los Angeles County Development Authority ("LACDA"), Department of

Public Health ("DPH"), and County Counsel to report back in 30 days with

recommendations for data sets, metrics and other pertinent criteria to evaluate further

extensions of the Resolution and to report back in 90 days with a phase-out plan based

on a comprehensive analysis of these recommendations; and


WHEREAS, on January 25, 2022, due to the current record-setting spike in the

number of confirmed cases of the COVID-19 virus, exhibiting the continued public health

crisis in the County, the Board adopted the first two phases of the recommended phaseout plan, which extends some of the County's emergency residential tenant protections

allowable under State law, while slowly beginning to lift others, and is a balanced

approach to protecting the health and welfare of vulnerable tenants while also providing

thoughtful relief to impacted property owners.


NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF

LOS ANGELES DOES HEREBY PROCLAIM, RESOLVE, DETERMINE AND ORDER

AS FOLLOWS:

I. Incorporation of Recitals. The foregoing Recitals are true and correct and

incorporated herein by reference.

II. Amendment and Restatement. This Resolution incorporates all aspects,

restrictions, and requirements of the Protections adopted by the Board, as ratified

and amended on March 31, 2020, April 14, 2020, May 12, 2020, June 23, 2020,

July 21, 2020, September 1, 2020, October 13, 2020, November 10, 2020, January 5,

2021, February 23, 2021, June 22, 2021, July 14, 2021, September 28, 2021,

November 16, 2021, and January 25, 2022.

III. Protections Period. The Protections Period, formerly known as the "Moratorium

Period", is hereby extended through December 31, 2022.

IV. Definitions. For purposes of this Resolution, the following terms are defined as

follows:

A. "Condominium" means a property used for residential purposes that is divided

into several units that are each separately owned, where there is no interior

connection between the units, surrounded by common areas that are jointly

owned.

B. “Duplex” means a multi-family home that has two units on the same property under the same legal title where each unit has a separate entrance, and there is no interior connection between the units.

C. "Extension Protections Period" means the time period commencing February

1, 2022, through December 31, 2022, unless further extended or repealed

by the Board.

D. "Family Member" means Tenant's or Landlord's parent, child, spouse or

registered domestic partner, grandparent, grandchild, aunt or uncle at least

sixty-two (62) years of age, or other dependent over which the Landlord has

guardianship, the spouse's or registered domestic partner's parent, child,

grandparent, grandchild, aunt or uncle at least sixty-two (62) years of age,

and other dependent over which the Tenant's or Landlord's spouse or

domestic partner has guardianship.

E. "Financial Impacts" means any of the following:

1. Substantial loss of household income caused by the COVID-19

pandemic;

2. Loss of revenue or business by Tenants due to business closure;

3. Increased costs;

4. Reduced revenues or other similar reasons impacting a Tenant's

ability to pay rent due;

5. Loss of compensable hours of work or wages, layoffs; or

6. Extraordinary out-of-pocket medical expenses.

F. "Landlord" includes all of the following or an agent of any of the following:

1. An owner of real property for residential and/or commercial rental

purposes ("rental unit" or "unit").

2. An owner of a mobilehome park.

3. An owner of a mobilehome park space.

G. “Mobilehome Space” means the site within a mobilehome park intended,

designed, or used for the location or accommodation of a mobilehome and

any accessory structures or appurtenances attached, whether or not the

Mobilehome Space is permitted pursuant to State or local law.

H. “Multi-family Home” means a property used for residential purposes that

contains more than one separate residential unit, where each unit has a

separate entrance, and there is no interior connection between the units.

I. "Personal Guarantee" means, with respect to a commercial lease for a

commercial Tenant who has nine (9) employees or fewer, a term that provides for an individual who is not the Tenant to become wholly or partially personally liable for the rent, charges, or other sums required to be paid by

the commercial Tenant, upon the occurrence of a default in payment. The

term "Personal Guarantee" includes the execution of a separate instrument

that would otherwise qualify as a Personal Guarantee if it were included

within the terms of the underlying commercial lease. This definition only

applies to a Personal Guarantee by a third party that is a natural person

rather than a business entity.

J. "Protected Time Period" means either of the following time periods:

1. March 4, 2020, through September 30, 2020, during which a Residential

Tenant was unable to pay rent due to Financial Impacts Related to

COVID-19; or

2. March 4, 2020 through January 31, 2022, during which a commercial

Tenant was unable to pay rent due to Financial Impacts Related to

COVID-19.

K. "Protections" (formerly known as the "Moratorium") means the set of tenant

protections applicable to a Tenant pursuant to the terms of this Resolution.

L. "Protections Period" (formerly known as the "Moratorium Period") means the time

period commencing March 4, 2020, through December 31, 2022, unless further

extended or repealed by the Board.

M. "Related to COVID-19" means related to any of the following:

1. A suspected or confirmed case of COVID-19, or caring for a

household or family member who has a suspected or confirmed case of

COVID-19;

2. Lay-off, loss of compensable work hours, or other reduction or loss

of income or revenue resulting from a business closure or other

economic or employer impacts related to COVID-19;

3. Compliance with an order or recommendation of the County's Health

Officer to stay at home, self-quarantine, or avoid congregating with

others during the state of emergency;

4. Extraordinary out-of-pocket medical expenses related to the

diagnosis of, testing for, and/or treatment of COVID-19; or

5. Childcare needs arising from school closures in response to COVID19.

N. "Residential Tenant" means a residential tenant or a mobilehome space

renter.

O. “Single-Family Home” means a stand-alone, detached residential unit separate

from any other residential dwelling unit or structure. For the purposes of this

HOA.103534729v1 9

Resolution, single-family home does not include accessory dwelling units (ADUs)

as defined in, but not necessarily in strict compliance with the requirements of,

Section 22.44.1370 of the County Code.

P. "Tenant" includes all of the following:

1. Tenants of residential real property.

2. Tenants who rent space or a lot in a mobilehome park.

3. Tenants of commercial property, as defined in subdivision (c) of

Section 1162 of the Civil Code, including, but not limited to, a

commercial tenant using a property as a storage facility for

commercial purposes. The following tenants of commercial property are

excluded from these Protections:

a. Effective June 1, 2020, commercial tenants that are multinational,

publicly-traded, or have more than 100 employees.

b. Effective September 1, 2020, commercial tenants of space or

property located at airports.

Q. "Transition Protection Period" means the time period from October 1, 2020,

through September 30, 2021.

R. “Triplex” means a multi-family home that has three units on the same property

under the same legal title where each unit has a separate entrance, and there

is no interior connection between the units.


V. General Applicability of Resolution.

A. Application. Consistent with the provisions of Paragraph VI, VII, VIII, and

IX, this Resolution applies to nonpayment eviction notices, no-fault eviction

notices, rent increase notices, unlawful detainer actions served and/or filed

on or after March 4, 2020, and other civil actions, including, but not limited

to, actions for repayment of rental debt accrued on or after March 4, 2020.


B. Jurisdiction.

1. Unincorporated County. This Resolution applies to all

unincorporated areas of the County.

2. Incorporated Cities within County. Effective September 1, 2020, unless

expressly limited to the unincorporated areas of the County, this

Resolution applies to incorporated cities within the County of Los

Angeles pursuant to Government Code section 8630 et seq. and

Chapter 2.68 of the County Code.

a. It is the intent of the County, in enacting this Resolution, to

provide uniform, minimum standards protecting Tenants

during this local emergency.

HOA.103534729v1 10

b. Nothing in this Resolution shall be construed to preclude any

incorporated city within the County from imposing, or

continuing to impose, greater local protections than are

imposed by this Resolution if the protections are not

inconsistent with this Resolution and are not preempted by

State or federal regulations.

c. Examples of greater local protections include, but are not

limited to, granting additional time for Tenants tonotify a

Landlord of an inability to pay rent, removing a requirement

that a Tenant notify a Landlord of an inability to pay, removing

a requirement for a Tenant to provide a certification or

evidence of an inability to pay rent, and expanding the

prohibition on evictions of Tenants to include additional

prohibited grounds for eviction.

VI. Eviction Protections. Temporary protections from evictions of Tenants

impacted by the COVID-19 crisis are imposed as follows:


A. Evictions. No Landlord shall evict a Tenant as follows:


1. Nonpayment of Rent. During the time periods set forth below, a

Tenant shall not be evicted for nonpayment of rent, late charges,

interest, or any other fees accrued if the Tenant demonstrates an

inability to pay rent and/or such related charges due to Financial

Impacts Related to COVID-19, the state of emergency regarding

COVID-19, or following government-recommended COVID-19

precautions, and the Tenant has provided notice to the Landlord

within seven (7) days after the date that rent and/or such related

charges were due, unless extenuating circumstances exist, that the

Tenant is unable to pay.

FOR COMMERCIAL TENANTS, THERE SHALL BE NO FURTHER

EVICTION PROTECTIONS AFTER JANUARY 31, 2022.

a. Protected Time Period. A Tenant who is unable to pay rent

incurred during the Protected Time Period is protected from

eviction under this Resolution throughout the repayment

period set forth in Section C of this Paragraph VI, so long as

the reason for nonpayment was Financial Impacts Related to

COVID-19, and the Tenant has provided notice to the Landlord

to this effect and certified their financial hardship within the

timeframe specified in this Paragraph VI.

b. Extension Protections Period.

i. Effective April 1, 2022, through May 31, 2022, unless

extended by the Board, a Residential Tenant is protected

from eviction under this Resolution if they are unable to pay

rent incurred from April 1, 2022, through May 31, 2022, so long as the reason for nonpayment was Financial Impacts

Related to COVID-19, and the Residential Tenant has

provided notice to the Landlord to this effect and self-certified

their financial hardship within the timeframe specified in this

Paragraph VI.

ii. Effective June 1, 2022, through the end of the Extension

Protections Period, a Residential Tenant whose household

income is at 80 percent Area Median Income or below and

who is unable to pay rent incurred from June 1, 2022, through

the end of the Extension Protections Period is protected from

eviction under this Resolution, so long as the reason for

nonpayment was Financial Impacts Related to COVID-19,

and the Residential Tenant has provided notice to the

Landlord to this effect and self-certified their income level and

financial hardship within the timeframe specified in this

Paragraph VI.


THERE SHALL BE NO FURTHER EVICTION PROTECTIONS RELATED TO THE NONPAYMENT OF RENT FOR RESIDENTIAL TENANTS WHOSE HOUSEHOLD INCOMES ARE ABOVE 80 PERCENT AREA MEDIAN INCOME AFTER JUNE 1, 2022.


2. No-Fault Termination of Tenancy or Occupancy. A Tenant shall not

be evicted where grounds for terminating the tenancy or occupancy

is not based on any alleged fault by the Tenant, including, but not

limited to, those stated in Code of Civil Procedure section 1161 et

seq., Civil Code section 1946.2 et seq., and Chapters 8.52 and 8.57

of the County Code. No-Fault termination of tenancy or occupancy

also includes the intent to demolish or to substantially remodel the

real property.

3. Owner Move-Ins. As of July 1, 2021, a Landlord and/or a Landlord’s

Family Member may, in good faith, recover possession of up to two of

the following: a single-family home, a Mobilehome Space,

Condominium unit, two units within a Duplex, and/or two units within a

Triplex (collectively, “Units”) from a Residential Tenant(s) and their

household members for use and occupancy by the Landlord and/or the

Landlord's Family Member as the Landlord's and/or Landlord's

Family Member's principal residence(s) for at least thirty-six (36)

consecutive months. Such displacement of the current Residential

Tenant and Residential Tenant's household members from the Units is

subject to the following conditions:

a. Residential Tenant has been and is able to pay rent and does

not have Financial Impacts Related to COVID-19. This

subsection a. shall expire on May 31, 2022;

b. Landlord purchased the single family home, Condominium unit,

Mobilehome Space, Duplex, and/or Triplex at issue on or before June 30, 2021. This subsection b. shall expire on May 31, 2022;

c. Landlord or Landlord’s Family Member must first seek to occupy

a vacant Unit(s) if there are three (3) or more Units on the rental

property. If no such vacant Unit(s) is available, then Landlord or

Landlord’s Family Member may displace the most recently

occupied Unit(s) so that the Landlord or the Landlord's Family

Member may move into the Unit(s);

d. Landlord Move-In Unit Limitation. In order to evict under this

subsection VI.A.3., the Landlord must be a natural person and

possess legal title to at least fifty percent (50%) of the single

family home, Mobilehome Space, Condominium unit, Duplex,

and/or Triplex at issue, or be a beneficiary with an interest of at

least fifty percent (50%) in a trust that owns same. A Landlord

with at least fifty percent (50%), but less than one hundred

percent (100%), ownership interest in a Duplex or Triplex may

occupy only one Unit within said Duplex or Triplex, and a

Landlord with one hundred percent (100%) ownership interest in

a Duplex or Triplex may occupy up to two (2) Units in said Duplex

or Triplex, for use as the Landlord’s and/or the Landlord’s Family

Member’s primary residence(s). A Landlord and/or Landlord’s

Family Member may use and occupy up to two (2) Units in total

as the Landlord’s and/or Landlord’s Family Member’s primary

residence(s), regardless of the types of Units they are;

e. Landlord may only terminate a tenancy if the Landlord or

Landlord's Family Member who will reside in the Unit is similarly

situated to the Residential Tenant or Residential Tenant's

household members who are being displaced, as follows:

i. If the Residential Tenant or one of Residential Tenant's

household members is at least sixty-two (62) years of

age or older, then the Landlord or Landlord's Family

Member who will reside in the Unit must also be sixty-two (62) years of age or older;

ii. If the Residential Tenant or one of Residential Tenant's

household members is a person with a disability who

has a physical or mental impairment that limits one or

more of a person's major life activities within the

meaning of the California Fair Housing and

Employment Act pursuant to California Government

Code section 12926, then the Landlord or Landlord's

Family Member who will reside in the Unit must also be

a person with a disability;

iii. If the Residential Tenant or one of Residential Tenant's

household members has a terminal illness as verified

HOA.103534729v1 13

by a medical care provider, then the Landlord or

Landlord's Family Member who will reside in the Unit

must also have a terminal illness; or

iv. If the Residential Tenant is a low-income household

(low-income household means a household whose

income does not exceed the qualifying limits for lower

income households as established and amended from

time to time pursuant to Section 8 of the United States

Housing Act of 1937, or as otherwise defined in

California Health and Safety Code section 50079.5),

then the Landlord or Landlord's Family Member who

will reside in the Unit must also be a low-income

household.

f. Landlord provides Residential Tenant with at least sixty (60)

days' written notice that Landlord or Landlord's Family

Member will be occupying the Unit as their principal

residence, thus requiring Residential Tenant to vacate the

Unit within sixty (60) days, and Landlord provides a copy of

said notice to the Department of Consumer and Business

Affairs ("DCBA") with proof of timely service on the Residential

Tenant. The Landlord shall provide an extension to this time

period if anyone in the Residential Tenant's household

residing in the Unit and/or anyone in the Landlord's or

Landlord's Family Member's household who will be moving into

the Unit has been diagnosed with a suspected or confirmed

case of COVID-19 within fourteen (14) days of the final date

of the tenancy until all affected parties have been deemed to

no longer be infectious. Landlord demonstrates good faith by

moving into, or having Landlord's Family Member who will

principally reside in the Unit move into, the Unit within sixty

(60) days of Residential Tenant vacating the Unit and living in

the Unit as Landlord's or Landlord's Family Member's

principal residence for at least thirty-six (36) consecutive

months;

g. Landlord pays the Residential Tenant relocation assistance.

The amount of relocation assistance shall be as set forth in

the regulations, executive orders, or municipal code of the

local jurisdiction within which the Unit is located. If no such

relocation assistance requirements exist for such owner

move-ins, Landlord shall pay Residential Tenant relocation

assistance as set forth in Section 8.52.110 of the County Code

and DCBA's policies and procedures;

h. Not less than sixty (60) days prior to the final date of the

tenancy, the Landlord must disclose to DCBA the name(s) of

the eligible individuals who will occupy the Unit on a form

approved by DCBA. DCBA may contact the Landlord at any time during Landlord's or Landlord's Family Member's thirty-six (36) month occupancy to confirm that the Landlord or Landlord's Family Member resides in the recovered Unit and

to obtain written verification of residency; and

i. Landlord is in compliance with all requirements of Chapter

8.52 of the County Code for Units located in the

unincorporated County.

4. Nuisance or Unauthorized Occupants or Pets. A Residential Tenant

shall not be evicted for nuisance or for unauthorized occupants or

pets whose presence is necessitated by or related to the COVID-19

emergency.

5. Denial of Entry. A Residential Tenant shall not be evicted on the

ground that such tenant denied entry by the Landlord into the rental

unit, subject to the following:

a. The following circumstances permit entry into the Residential

Tenant's unit:

i. Remedying a condition that substantially endangers

or impairs the health or safety of a Residential

Tenant or other persons in, or in the vicinity of, the

rental unit, or

ii. Residential Tenant is causing or threatening to cause

substantial damage to the rental unit.

b. If a Landlord seeks entry pursuant to subdivision (a) above,

the Landlord must:

i. Not permit entry by any person who is, or who the

Landlord has good cause to believe is, a carrier of

COVID-19.

ii. Ensure that appropriate social distancing, cleaning,

and sanitation measures are taken to protect the

Residential Tenant and members of the household

from risk of transmitting COVID-19 as a result of

entry into the rental unit. Such measures must

account for: the Residential Tenant notifying

Landlord that the Residential Tenant, or a member of

the household, has or believes in good faith to have

been recently exposed to COVID-19; or the

Residential Tenant notifying Landlord that the

Residential Tenant, or a member of the household,

is at a higher risk for more serious complications from

COVID-19.

iii. A Landlord who enters the rental unit shall promptly leave the rental unit if the Residential Tenant revokes permission to enter because of the Landlord's failure to observe appropriate social distancing, cleaning, and sanitization measures.

c. For purposes of this subsection only, "Landlord" includes, but is not limited to, any person authorized by the Landlord to enter the rental unit, such as maintenance personnel, a prospective buyer, or a prospective tenant.

d. Such protections shall expire on May 31, 2022, except where a Landlord's attempts to enter the rental unit constitute harassment.

6. Notwithstanding (1) through (5), above, or any other provision of this

Resolution, these Protections shall not apply where the eviction is

necessary to maintain compliance with the requirements of Civil

Code section 1941.1, Health and Safety Code sections 17920.3 or

17920.10, or any other applicable law or government order concerning

the safety or habitability of rental units, or where the Tenant's

occupancy is otherwise a threat to the public health or safety as

determined by a court of law.


B. Tenant Certification.

1. Residential Tenants. During the time periods set forth below,

Residential Tenants seeking protection under this Resolution, may

provide, and Landlords must accept, the following:

a. Protected Time Period. A Residential Tenant's self-certification

of inability to pay rent within the timeframe specified in this

Paragraph VI, unless otherwise specified.

b. Extension Protections Period.

i. Effective April 1, 2022 through May 31, 2022, A

Residential Tenant self-certifies their financial hardship

within the timeframe specified in this Paragraph VI.

ii. Effective June 1, 2022, a Residential Tenant whose

household incomes is at 80 percent Area Median Income

or below self-certifies their income level and financial

hardship within the timeframe specified in this Paragraph

VI.

2. Commercial Tenants. During the Protected Time Period:

a. A commercial Tenant with nine (9) employees or fewer, may

provide, and Landlords must accept, a self-certification of

inability to pay rent, and are required to provide notice to the Landlord to this effect within the timeframe specified in this Paragraph VI.

b. A commercial Tenant with ten (10) or more, but no more than 100, employees must provide written documentation demonstrating financial hardship, along with notice of inability to pay rent, to the Landlord within the timeframe specified in this Paragraph VI.

C. Repayment of Rent. Unpaid rent incurred during the Protections Period

shall be repaid pursuant to the following:

1. Repayment by Residential Tenants.

a. A Residential Tenant who was unable to pay rent during the

Protected Time Period had until September 30, 2021,to repay

unpaid rent incurred during the Protected Time Period.

b. A Residential Tenant who was unable to pay rent during the

Transition Protection Period shall repay such rental debt

pursuant to AB 3088 as amended.

c. Extension Protections Period.

i. A Residential Tenant who is unable to pay rent

incurred from April 1, 2022, through May 31, 2022,

has until May 31, 2023, to repay such rental debt,

unless extended further by the Board.

ii. A Residential Tenant whose household income is at

80 percent Area Median Income and was unable to

pay rent incurred from April 1, 2022 through the end

of the Protections Period shall have up to twelve (12)

months thereafter to repay such rental debt, unless

extended further by the Board.

2. Repayment by Commercial Tenants.

a. Commercial Tenants with nine (9) employees or fewer shall

have until January 31, 2023 to repay unpaid rent incurred

during the Protected Time Period.

b. Commercial Tenants with ten (10) or more, but fewer than

100, employees, shall have until July 31, 2022 to repay unpaid

rent incurred during the Protected Time Period, in equal

installments, unless the commercial Tenant and Landlord

agree to an alternate payment arrangement.

c. During the applicable repayment period, a Landlord is prohibited

from enforcing a Personal Guarantee for rent incurred by a commercial Tenant with nine (9) employees or fewer, arising from unpaid rent incurred during the Protected Time Period.

3. Partial Payments and Payment Plans. Tenants and Landlords are

encouraged to agree on a payment plan during the Protections

Period, and nothing herein shall be construed to prevent a Landlord

from requesting and accepting partial rent payments, or a Tenant

from making such payments, if the Tenant is financially able to do

so.

4. Failure to Pay Back Rent Not Ground for Eviction. A commercial

Tenant's failure to pay back unpaid rent incurred during the Protected

Time Period under the terms of a payment plan, or at the end of the

repayment period, shall not be cause to evict the commercial

Tenant. Effective April 1, 2022, a Residential Tenant's inability to

pay back unpaid rent during the Extension Protections Period under the

terms of a payment plan, or at the end of the repayment period,

shall not be cause to evict the Tenant. Any term in a payment

plan that allows eviction due to the Tenant's failure to comply with the

terms of the payment plan is void as contrary to public policy.

Protections set forth in this subsection shall be an affirmative

defense for a Tenant in any unlawful detainer action filed by a

Landlord.

5. Application of Rental Payment. Effective March 4, 2020, a Landlord

is prohibited from applying a rental payment to any rental debt other

than to the prospective month's rent, or such other month or rental

debt that the Tenant specifies, unless the Tenant has agreed in

writing to allow the payment to be otherwise applied.

D. Protections for Commercial Tenants with Nine Employees or Fewer.

Effective June 22, 2021, a Landlord of such a commercial Tenant is:

1. Required to provide notice to the commercial Tenant of their rights

under this Resolution; and

2. Prohibited from enforcing a Personal Guarantee for rent incurred by

the commercial Tenant during the Protected Time Period.


VII. Rent Increases in Unincorporated County Prohibited. Landlords shall not

increase rents for Residential Tenants in the unincorporated County during the

Protections Period, to the extent otherwise permitted under State law and

consistent with Chapters 8.52 and 8.57 of the County Code. Nothing in this

Resolution shall be construed to apply this limitation of rent increases in

incorporated cities within the County.


VIII. Pass-Throughs or Other Fees Prohibited. Landlords shall not impose any

pass-throughs otherwise permitted under Chapters 8.52 and 8.57 of the County

Code,or charge interest or late fees on unpaid rent or other amounts otherwise owed, during the Protections Period. Landlords are prohibited from retroactively imposing or collecting any such amounts following the termination or expiration of this Resolution.


IX. Harassment and Retaliation Protections. Landlords, and those acting on their

behalf or direction, are prohibited from harassing, intimidating, or retaliating against

Tenants for acts or omissions by Tenants permitted under these Protections, and

such acts by Landlord or Landlord's agent will be deemed to be violations of the

Retaliatory Eviction and Harassment provisions as set forth in County Code

Sections 8.52.130 and 8.57.100 and as expanded herein. These Protections shall

survive this Resolution. Harassing, intimidating, or retaliatory acts by Landlords, and

those acting on their behalf or direction, include, but are not limited to:

A. Interrupting, terminating, or failing to provide all services required to be

provided by the Landlord related to the use or occupancy of a rental unit

("Housing Services") under the terms of a lease agreement or under federal,

State, County, or local housing, health, or safety laws unless such Housing

Services are closed due to Health Officer Orders;

B. Failing to perform repairs and maintenance required by a rental agreement

or by federal, State or local housing, health, or safety laws;

C. Failing to exercise due diligence in completing repairs and maintenance

once undertaken or failing to follow appropriate industry repair, containment or

remediation protocols designed to minimize exposure to noise, dust, lead,

paint, mold, asbestos, or other building materials with potentially harmful

health impacts;

D. Abusing the Landlord's right of access into a rental unit. This includes

entries, and attempted entries, for inspections that are not related to

necessary repairs or services; that are excessive in number; that improperly

target certain Residential Tenants; that are used to collect evidence against the

occupant; or that are otherwise beyond the scope of a lawful entry;

E. Abusing a Tenant with words that are offensive and inherently likely to

provoke an immediate violent reaction. This includes words used during in person conversations, through social media postings or messages, or other

communications;

F. Influencing or attempting to influence a Tenant to vacate a rental unit

through fraud, intimidation or coercion, which shall include threatening to

report a Tenant to the United States Department of Homeland Security or

any other governmental or law enforcement agency;

G. Threatening a Tenant, by word, gesture, or with physical harm;

H. Violating any law which prohibits discrimination based on race, gender,

sexual preference, sexual orientation, ethnic background, nationality,

religion, age, parenthood, marriage, pregnancy, disability, human

immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income;

I. Taking action to terminate any tenancy including service of any notice to

quit or notice to bring any action to recover possession of a rental unit based

upon facts which the Landlord has no reasonable cause to believe to be

true or upon a legal theory which is untenable under the facts known to the

Landlord. No Landlord shall be liable under this subsection for bringing an

action to recover possession unless and until the Tenant has obtained a

favorable termination of that action;

J. Removing from the rental unit personal property, furnishings, or any other

items without the prior written consent of a Tenant, except when done

pursuant to enforcement of a legal termination of tenancy or as otherwise

authorized by law;

K. Offering payments to a Tenant to vacate more than once in six (6) months,

after the Tenant has notified the Landlord in writing that the Tenant does

not desire to receive further offers of payments to vacate;

L. Attempting to coerce a Tenant to vacate with offers of payment to vacate

which are accompanied with threats or intimidation. This shall not include

settlement offers made in good faith and not accompanied by threats or

intimidation in pending eviction actions;

M. Refusing to acknowledge receipt of a Tenant's lawful rent payment;

N. Refusing to cash a rent check for over thirty (30) days;

O. Requesting information that violates a Tenant's right to privacy including,

but not limited to, residence or citizenship status, protected class status, or

social security number, except as required by law or in the case of a social

security number, for the purpose of obtaining information to determine

qualification for tenancy, or releasing such information except as required

or authorized by law;

P. Interfering with a Residential Tenant's right to privacy including, but not

limited to, entering or photographing portions of a rental unit that are beyond

the scope of a lawful entry or inspection;

Q. Interfering with a Residential Tenant's right to quiet use and enjoyment of a

rental unit as that right is defined by State law;

R. Other repeated acts or omissions of such significance as to substantially

interfere with or disturb the comfort, repose, peace, or quiet of any person

lawfully entitled to occupancy of such rental unit and that cause, are likely

to cause, or are intended to cause any person lawfully entitled to occupancy

of a rental unit to vacate such rental unit or to surrender or waive any rights

in relation to such occupancy;

S. Removing a Housing Service for the purpose of causing a Residential

Tenant to vacate the residential unit or mobilehome. For example, taking away a parking space knowing that a Residential Tenant cannot find alternative parking and must therefore move; and

T. Interfering with the right of a Residential Tenant to: organize and engage in

concerted activities with other tenants for the purpose of mutual aid and

protection; provide property access to tenant organizers, advocates, or

representatives working with or on behalf of tenants living at a property;

convene tenant or tenant organization meetings in an appropriate space

accessible to tenants under the terms of their rental agreement; or distribute

and post literature informing other tenants of their rights and of opportunities

to involve themselves in their project in common areas, including lobby

areas and bulletin boards.


X. Administrative Fines. A Landlord, who is determined by DCBA to have violated

Paragraphs V, VI, VII, VIII or IX of this Resolution, including those relating to the

harassment protections enumerated above, shall be subject to administrative fines

pursuant to Sections 8.52.160 and 8.57.130 of the County Code. The maximum

administrative fine for violations of Paragraph VIII of this Resolution is temporarily

increased for the duration of the Protections Period from $1,000 to up to $5,000

per violation for each day the violation continues, and if the aggrieved Tenant is

disabled or sixty-five (65) years of age or older, an additional fine of up to $5,000

per violation per day may be assessed.


XI. Remedies.


A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of

the Tenant who will fairly and adequately represent the Tenant's interests,

including the County, may enforce the provisions of Paragraphs V, VI, VII,

VIII or IX of this Resolution by means of a civil action seeking civil remedies

and/or equitable relief. Landlords shall be subject to civil penalties pursuant

to Sections 8.52.170 and 8.57.140 of the County Code. The maximum civil

penalty for violation of Paragraph IX of this Resolution is increased from

$1,000 to up to $5,000 per violation for each day the violation continues,

and if the aggrieved Tenant is disabled or sixty-five (65) years of age or

older, the court may award an additional penalty of up to $5,000 per

violation per day. No administrative remedy need be exhausted prior to

filing suit to enforce these Protections.

B. Criminal Liability. Violation of Paragraphs V, VI, VII, VIII or IX of this Resolution

shall be punishable as set forth in Section 2.68.320 of the County Code.

C. Affirmative Defense. Effective March 4, 2020, any Protections, including the

Protection pertaining to Personal Guarantees for commercial rental debt,

provided under this Resolution shall constitute an affirmative defense for a

Tenant in any unlawful detainer action brought pursuant to California Code

of Civil Procedure section 1161, as amended, and any other civil action

seeking repayment of rental debt. Said affirmative defenses shall survive

the termination or expiration of these Protections.

D. Nonexclusive Remedies and Penalties. The remedies provided in this Resolution are not exclusive, and nothing in this Resolution shall preclude Tenant from seeking any other remedies or penalties available at law or in equity.


XII. This Resolution addresses the County's public policy and intent to close certain

businesses to protect public health, safety and welfare, and the County recognizes

that the interruption of any business will cause loss of, and damage to, the

business. Therefore, the County finds and declares that the closure of certain

businesses is mandated for the public health, safety and welfare, the physical loss of,

and damage to, businesses is resulting from the shutdown, and these businesses

have lost the use of their property and are not functioning as intended.


XIII. Grocery stores, gas stations, pharmacies and other retailers are requested to

institute measures to prevent panic buying and hoarding essential goods,

including, but not limited to, placing limits on the number of essential items a

person can buy at one time, controlling entry to stores, and ensuring those at

heightened risk of serious complications from COVID-19 are able to purchase

necessities.


XIV. Guidelines and Board Delegations.


A. The Director of the DCBA, or his designee, shall issue guidelines to aid in

the implementation of the Resolution, including, but not limited to, guidance

regarding the ways in which Tenants can certify they are entitled to

protection under these Protections, appropriate supporting documentation

for Tenants not entitled to self-certify under these Protections, notice

requirements, and procedures for utilizing dispute resolution services

offered by DCBA, among other clarifications.

B. The Los Angeles County Development Authority ("LACDA"), acting in its

capacity as a local housing authority for the County, shall extend deadlines

for housing assistance recipients and applicants to deliver records or

documents related to their eligibility for programs, to the extent those

deadlines are within the discretion of the LACDA.

C. The Director of DCBA, in collaboration with the Chief Executive Office

("CEO"), shall offer assistance to the State Department of Business

Oversight to engage financial institutions to identify tools to be used to afford

County residents relief from the threat of residential foreclosure and

displacement, and to promote housing security and stability during this state

of emergency.

D. The Director of DCBA, in collaboration with the CEO and the Acting Director

of Workforce Development, Aging, and Community Services ("WDACS"),

shall convene representatives of utility and other service providers to seek

a commitment from the providers to waive any late fees and forgo service

disconnections for Tenants and small businesses who are suffering

economic loss and hardship as a result of the COVID-19 pandemic.

E. The Director of DCBA, the Acting Director of WDACS, and the Executive Director of LACDA shall jointly establish an emergency office dedicated to assisting businesses and employees facing economic instability as a result of the COVID-19 pandemic. The joint emergency office shall be provided all of the necessary resources by DCBA and WDACS, and should include opening a dedicated hotline to assist businesses and employees, web based and text-based consultations, and multilingual services. The County shall provide technical assistance to businesses and employees seeking to access available programs and insurance, and shall work directly with representatives from the State and federal governments to expedite, to the extent possible, applications and claims filed by County residents.

F. The Director of DCBA and the Executive Director of LACDA shall assist

small businesses in the unincorporated areas in applying for U.S. Small

Business Administration ("SBA") loans that the President announced on

March 12, 2020. SBA's Economic Injury Disaster Loans offer up to $2

million in assistance for a small business. These SBA loans can provide

vital economic support to small businesses to help overcome the temporary

loss of revenue they are experiencing.

G. The Executive Director of LACDA, or his designee, is hereby delegated

authority to amend existing guidelines for any of its existing federal, State

or County funded small business loan programs, including the Community

Development Block Grant ("CDBG") matching funds, and to execute all

related documents to best meet the needs of small businesses being

impacted by COVID- 19, consistent with guidance provided by the U.S.

Economic Development Administration in a memorandum dated March 16,

2020, to Revolving Loan Fund ("RLF") Grantees for the purpose of COVID19 and temporary deviations to RLF Administrative Plans, following

approvals as to form by County Counsel.

H. The Acting Director of WDACS shall work with the State of California,

Employment Development Department, to identify additional funding and

technical assistance for dislocated workers and at-risk businesses suffering

economic hardship as a result of the COVID-19 pandemic. Technical

assistance shall include, but not necessarily be limited to: assistance for

affected workers in applying for unemployment insurance, disability

insurance and paid family leave; additional business assistance for lay-off

aversion and rapid response; and additional assistance to mitigate worker

hardship as a result of reduced work hours or job loss due to the COVID-19

pandemic.

I. The Director of DCBA and the Acting Director of WDACS, in collaboration

with the CEO and the Executive Director of LACDA, shall create a digital

toolkit for small businesses and employees to assist them in accessing

available resources, including, but not limited to, disaster loans,

unemployment insurance, paid family leave, disability insurance, and layoff

aversion programs.

J. The CEO's Center for Strategic Partnerships, in collaboration with the

DCBA and its Office of Immigrant Affairs, and the Acting Director of WDACS, shall convene philanthropic partners to identify opportunities to enhance resources available to all small business owners and employees who may be unable or fearful to access federal and State disaster resources, including immigrants.

K. The Executive Director of the Office of Immigrant Affairs, the CEO's Women+

Girls Initiative, and the Department of Public Health's Center for Health

Equity shall consult on the above directives to provide an immigration,

gender, and health equity lens to inform the delivery of services and

outreach.

L. The Director of DCBA, the Acting Director of WDACS, and the Executive

Director of LACDA, or their respective designees, shall have the authority

to enter into agreements with partner agencies and municipalities and hire

and execute contracts for consultants, contractors, and other services, as

needed, to provide consumer, tenant, and worker protections and support

small businesses during the stated emergency to accomplish the above

directives.

XV. This Resolution shall take effect immediately upon its passage. Except as

otherwise indicated, all provisions stated herein shall apply commencing March 4,

2020, and shall remain in effect until December 31, 2022, unless extended or

repealed by the Board of Supervisors. This Resolution supersedes all previously

issued resolutions and executive orders concerning the Protections within the County.

It shall be superseded only by a duly enacted ordinance or resolution of the Board

or a further executive order issued pursuant to Section 2.68.150 of the County

Code.


XVI. Severability. If any provision of this Resolution or the application thereof to any

person, property, or circumstance, is held invalid, such invalidity shall not affect

other provisions or applications of this Resolution that can be given effect without

the invalid provision(s) or application, and to this end, the provisions of this

Resolution are declared to be severable.


XVII. Waiver Prohibited. Any waiver of rights under this Resolution shall be void as

contrary to public policy.


“Updating the County’s COVID-19 Tenant Protections Resolution to Extend, Clarify, and Gradually Phase Out Temporary Emergency Protections.” California Association of Realtors, 25 Jan. 2022, https://file.lacounty.gov/SDSInter/bos/supdocs/165606.pdf?mkt_tok=NTU5LVRFTi05NDgAAAGCHLxRAFJzziTOvY1NqCFtQ1axh8shBPIvzf2GvycT556NXfOqi0ymUbUTyzfqxJAjW8PjXN-0Wo0S4sydDA. Accessed 25 Jan. 2022.



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