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