CA - Governor’s Executive Order Extending Authorization for Local Governments to Halt Evictions through 09/30/2020
The LA County moratorium has been extended until the end of September.
The moratorium is still in effect as follows:
City: Los Angeles - Duration: 3/4/2020 until expiration of the local emergency as declared by Mayor Garcetti.
COUNTY: LOS ANGELES - Duration: 3/4/2020 – 9/30/2020, which may be extended further on a month to month basis by the LA County Board of Supervisors; INFORMATION SHEET BY LA COUNTY.
LA HOUSING & COMMUNITY INVESTMENT DEPARTMENTS INTERPRETATION OF THE EMERGENCY ORDINANCES.
Governor Newsom has extended his Order that will allow local jurisdictions to make their own rules until at least September 30th, 2020.
LOCKOUTS
The Los Angeles County Sheriff’s Department’s Civil Management Bureau is now accepting civil process for service with the exception for evictions. All eviction process, including Writs of Possession already in their possession, will continue to be “on hold” until further notice unless it is determined by the court to be emergent.
There has been some talk that lockouts make start beginning in August, but there is no official statement from the Sheriff’s Office. It is very hard to get any information out of the Sheriff’s Office.
PROTECTION NOTICE (CITY OF LA)
The City of Los Angeles has tenant protections in place to help prevent displacement of its residents that are renters. The COVID-19 Renter Protections Fact Sheet (Protections Notice) is required to be given to each residential tenant by the landlord per Ordinance 186606. The Protections Notice must be given to tenants by May 27, 2020. Additionally, effective May 12, 2020, a landlord must also include the Protections Notice when serving a tenant a notice to pay rent or quit, a notice to terminate a residential tenancy, a notice to perform covenant or quit, or any eviction notice served during the local emergency period and for 12 months after the expiration of the local emergency period. The Protections Notice must be in the language predominately used by the tenant.
COVID-19 Renter Protections Fact Sheet (Protection Notice)
La hoja informativa y forma sobre las protecciones para inquilinos de COVID-19
COVID-19 Renter Protections Fact Sheet (Protection Notice) Armenian
COVID-19 Renter Protections Fact Sheet (Protection Notice) Chinese
COVID-19 Renter Protections Fact Sheet (Protection Notice) Farsi
COVID-19 Renter Protections Fact Sheet (Protection Notice) Korean
COVID-19 Renter Protections Fact Sheet (Protection Notice) Russian
COVID-19 Renter Protections Fact Sheet (Protection Notice) Tagalog
RENT INCREASES FOR LARSO PROPERTIES (CITY OF LA)
The Mayor & City Council have temporarily prohibited rent increases on occupied rental units that are subject to the Los Angeles City Rent Stabilization Ordinance (RSO). No rent increase that became effective on or after March 30, 2020, is allowed, unless approved by HCIDLA. Rent increases cannot be imposed until one (1) year after the Emergency Declaration period is lifted. Rent increases are not retroactive and do not accumulate during the one (1) year period.
TEMPORARY EVICTION MORATORIUMS – RELATED TO COVID-19
Throughout California, local governments have been instituting temporary eviction moratoriums for renters experiencing substantial adverse financial impacts due to COVID-19. These temporary eviction moratoriums, applicable to residential renters or both residential and commercial renters, prohibit evictions due to nonpayment of rent for renters financially impacted by COVID-19. Some cities are also prohibiting “no fault” evictions, except in very limited circumstances.
In addition, the Cities of Los Angeles, Santa Monica, Beverly Hills and Inglewood have included prohibitions related to removing residential units from the market pursuant to the Ellis Act and Ellis Act evictions. The City of Los Angeles, Los Angeles County (unincorporated areas and incorporated cities that have not adopted their own eviction moratoriums), and Santa Monica, prohibit evictions due to unauthorized occupants, pets or nuisance related to COVID-19. Further, Culver City and West Hollywood have temporarily prohibited all residential evictions except under limited circumstances.
While the scope and parameters of each of the city’s temporary eviction moratorium may vary, generally, they define “financial impact” as loss of income resulting from layoffs or other income reductions due to work closures, child care expenditures due to school closures, medical expenses due to being ill or having a member of the household ill with COVID-19, or compliance with government related emergency measures.
In addition, some of the eviction moratoriums establish time frames in which the renter must provide the rental housing provider with written notification of their loss of income and inability to pay the rent, the circumstances related to COVID-19, and supporting documentation. Generally, in moratoriums that have provided notice provisions, written notice requirements would be met if a renter sends a text or email notification to the owner or the owner’s representative with whom they have previously corresponded with via email or text. Where supporting documentation is required, the moratoriums generally also require that all such documentation be kept confidential and only used for the purpose of evaluating the renter’s claim.
These eviction moratoriums do not relieve renters of their obligation to repay past due rent and typically specify that the renter has six (6) to twelve (12) months following the expiration of the local emergency or moratorium period to complete such rent repayments.
The Cities of Los Angeles, Los Angeles County (unincorporated areas and incorporated cities that have not adopted their own eviction moratoriums), Glendale, West Hollywood, Culver City, Long Beach, and Beverly Hills adopted ordinances which provides residential renters with up to twelve (12) months following the expiration of the local emergency to repay any past due rent. In addition, many cities prohibit owners from charging interest or late fees on rent not paid under the provisions of the ordinance or order.
While non-compliance or violations of the provisions of eviction moratoriums are generally an affirmative defense for a renter in an unlawful detainer action, some cities have civil and criminal penalty provisions that may apply.
State Action
During the COVID-19 pandemic, in addition to the temporary eviction moratorium measures and rent increase freezes being advanced by localities, state action has also been taken through Executive Orders issued by Governor Newsom and most recently by the Judicial Council which issued an Emergency Rule. As you review individual city orders and ordinances, it is important that you consider them in conjunction with the Governor’s Executive Order and the Judicial Council’s action.
Governor Newsom’s Executive Order – Eviction Moratorium
On June 30th 2020, Governor Newsom again extended Executive Order N-28-20, through the issuance of Executive Order N-71-20 through September 30th, 2020.
Executive Order N-28-20, which was issued on March 16th, granted local jurisdictions the authority to temporarily impose limitations on residential and commercial evictions related to the COVID-19 pandemic.
Judicial Council Emergency Rule 1. Unlawful Detainers
The Judicial Council issued an emergency rule, effective April 6, 2020 which provides for the following set forth below:
A court may not issue a summons on a complaint for unlawful detainer unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety.
A court may not enter a default or a default judgment for restitution in an unlawful detainer action for failure of defendant to appear unless the court finds both that the action is necessary to protect public health and safety and that the defendant did not timely appear.
If a defendant has appeared in the action, the court may not set a trial date earlier than 60 days after a request for trial is made unless the court finds that an earlier trial date is necessary to protect public health and safety.
Any trial set in an unlawful detainer proceeding as of April 6, 2020 must be continued at least 60 days from the initial date of trial.
This rule will remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council.
City: Los Angeles
Duration: 3/4/2020 until expiration of the local emergency as declared by Mayor Garcetti.
Applicability
Residential and Commercial (Applies to RSO and non-RSO units). Applies to non-payment eviction notices, no-fault eviction notices, and unlawful detainer actions based on such notices served or filed on or after March 4, 2020.
Evictions based on Non-payment of Rent. During the local emergency period and for 12 months after its expiration, no owner shall endeavor to evict or evict a residential renter for non-payment of rent during the local emergency period if the renter is unable to pay rent due to circumstances related to the COVID-19 pandemic.
Endeavor to evict or evict based on the following are prohibited:
“No-Fault” Evictions. Evictions based on no-fault are prohibited.
Evictions based on Presence of Unauthorized Occupants, Pets, or Nuisance. Residential evictions are prohibited based on the presence of unauthorized occupants, pets or for nuisance related to COVID-19.
Ellis Act Evictions. Prohibits removing occupied residential units from the market / prohibits Ellis Act evictions until 60 days after the expiration of the local emergency period.
Rent Increase Freeze. Prohibits rent increases on occupied RSO units. Effective March 30, 2020 until one year following the termination of the local emergency.
Notification Required (See Above for Links to Protection Notice)
Renter: None provided.
Owner: Owners are required to:
provide written notice of the rights provided by the ordinance (“Protections Notice”), utilizing the notice as issued by the Los Angeles Housing + Community Investment Department (HCID+LA) without modification, to each residential renter within fifteen (15) days of May 12, 2020, the ordinance’s effective date
provide such notice during the local emergency period and for twelve (12) months after its termination, each time the owner serves a notice to pay or quit, a notice to terminate a residential tenancy, a notice to perform covenant or quit, or any eviction notice.
The Protections Notice must be provided in English and the language predominantly used by each renter.
Deferred Rent Recovery
Residential renters will have up to twelve (12) months following the expiration of the local emergency to repay the deferred, unpaid rent.
Prior to the expiration of the local emergency period or within 90 days of the first missed rent payment whichever comes first, the residential renter and the owner may mutually agree to a repayment plan selected from options promulgated by the Housing and Community Investment Department. There is no obligation by either party to make an agreement.
Commercial renters will have up to three (3) months following the expiration of the local emergency to repay the deferred, unpaid rent.
Additional Information
The Ordinance defines “commercial real property” as any parcel of real property that is developed and used either in part or in whole for commercial purposes, excluding commercial real property leased by a multi-national company, a publicly traded company, or a company that employees more than 500 employees.
The Ordinance defines “endeavor to evict” as conduct where the owner lacks a good faith basis to believe that the renter does not enjoy the benefits of this article and the owner serves or provides in any way to the tenant: a notice to pay or quit, a notice to perform covenant or quit, a notice of termination, or any other eviction notice.
Renter’s Private Right of Action
The ordinance provides residential renters with private right of action against owners for violations of the ordinance through a civil proceeding in which the renter may seek injunctive relief, money damages and any other relief the Court deems appropriate. In addition, the Court may award a civil penalty up to $10,000 per violation and where the aggrieved residential renter is older than 65 or disabled additional penalties of $5,000 per violation may be applicable.
Owner’s Opportunity to Cure
Prior to commencing a civil proceeding, the renter is to provide the owner with written notice of the alleged violation and the owner has fifteen (15) days from receipt of the notice to cure the alleged violation
Attorney’s Fees
The ordinance provides for award of reasonable attorney’s fees under certain circumstances.
Penalties
Owners may be subject to administrative citations for violations.
COUNTY: LOS ANGELES
Duration: 3/4/2020 – 9/30/2020, which may be extended further on a month to month basis by the LA County Board of Supervisors.
Applicability
Residential and Commercial. The moratorium covers all residential and commercial renters in the County’s incorporated and unincorporated areas. The County’s eviction moratorium applies to any incorporated area that has not adopted either a commercial or residential eviction moratorium. Where an incorporated city has adopted only one of the two types of moratorium, for example, has a residential but not a commercial, the County’s commercial moratorium would apply.
Pursuant to DCBA guidelines, the time period stated in a notice of termination of tenancy which was served before March 4, 2020, but whose notice period had not fully run before March 4, 2020 is effectively tolled during the Moratorium. Any notice of termination served on or after March 4, 2020, and during the Moratorium is rendered null and void.
Serving a notice to evict or otherwise attempt to evict is prohibited based on the following reasons
Evictions based on Non-payment of Rent
Evictions based on non-payment of rent, late charges, interest or any other fees accrued due to financial impacts related to COVID-19 or following government recommended COVID-19 precautions are prohibited.
“No-Fault” Evictions
Evictions based on “no-fault,” unless the eviction is reasonably necessary to protect the health and safety of the occupants or those who live and work nearby.
Evictions based on Presence of Unauthorized Occupants, Pets, or Nuisance
Evictions based on unauthorized occupants, pets, or nuisance as necessitated by or related to the COVID-19 emergency.
Notification Required
Renter must provide notice to the owner within seven (7) days after rent is due, unless extenuating circumstances exist.
Documentation - For residential and commercial renters with less than nine (9) employees: Owner must accept a self-certification of the renter’s inability to pay rent.
The DCBA website includes a self-certification form that can be used by renters.
Deferred Rent Recovery
For residential renters, commercial renters with nine (9) or fewer employees, and mobilehome space renters: Renters will have twelve (12) months following the expiration of the Moratorium Period to repay the unpaid rent.
During the moratorium period, owners may request and accept partial payments, if the renter is financially able to do so.
Commercial renters with 10 or more employees, but fewer than 100 employees: Have six (6) months to repay the owner for any amounts due and owing, in equal installments, unless the commercial renter and the owner agree to an alternate payment arrangement.
Additional Information
Harassment
An owner shall not harass or seek to intimidate a renter protected by this Moratorium. Harassment and acts of intimidation may include, but are not limited to, threatening termination of the lease and/or eviction, threatening to serve and/or serving a notice of termination and/or eviction, demanding payment for rent which is not yet due pursuant to the Moratorium, shutting off utilities, locking a renter out of a unit, or verbally or physically threatening a renter. Owners who harass or seek to intimidate a renter in violation of the Moratorium shall be guilty of a misdemeanor pursuant to Los Angeles County Code Section 2.68.320.
Prohibition on PassThroughs
Owners are prohibited from imposing any new 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 Moratorium Period (3/4/2020-6/30/2020). Owners are prohibited from retroactively imposing or collecting any such amounts following the termination of the Moratorium.
Penalties
Violations of the Order shall be punishable as set forth in chapter 2.68 of the County Code.
Commercial Eviction Moratorium Applicability
Commencing June 1, 2020, commercial renters that are multinational, publicly traded, or have more than 100 employees are excluded from the protections of the Moratorium.
Extension of Lease Terms
Pursuant to DCBA guidelines, if a lease term ends while the Moratorium remains in effect, the lease term shall be extended until the Moratorium ends.