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.
