LOS ANGELES - Protections for Tenants During COVID-19 & Notice (05/12/20)
On March 15th, Los Angeles Mayor Garcetti issued an Emergency Order which implemented measures to protect the public and contain the risk of contracting COVID-19.
On March 23rd the Mayor issued a temporary moratorium on evictions for non-payment of rent for tenants who are unable to pay rent due to circumstances related to the COVID-19 pandemic.
The LA City Council passed Ordinance No. 186585 effective March 31st, 2020, which provided protections for tenants. The LA City Council passed Ordinance No. 186606 effective May 12th, 2020, further expanded tenants protections during the local emergency in response to COVID-19. Together, these actions are designed to prevent unnecessary housing displacement and to prevent housed individuals from falling into homelessness.
MAIN POINTS
During the Local Emergency Period and for 12 months after its expiration, no Owner shall endeavor to evict a residential tenant for non-payment of rent during the Local Emergency Period if the tenant is unable to pay rent due to circumstances related to the COVID-19 pandemic. These circumstances include:
loss of income due to a COVID-19 related workplace closure,
child care expenditures due to school closures,
health-care expenses related to being ill with COVID-19 or caring for a member of the tenant’s household or family who is ill with COVID-19, or
reasonable expenditures that stem from government-ordered emergency measures.
Tenants shall have up to 12 months following the expiration of the Local Emergency Period to repay any rent deferred.
No Owner shall endeavor to evict or evict a residential tenant for a no-fault reason during the Local Emergency Period.
No Owner shall endeavor to evict or evict a residential tenant based on the presence of unauthorized occupants or pets, or for nuisance related to COVID-19 during the Local Emergency Period.
No Owner shall charge interest or a late fee on rent not paid under the provisions of this article.
An Owner shall provide written notice to each residential tenant of the protections afforded by Ordinance (“Protections Notice”) within 15 days of the effective date (by 05/27/2020) of this ordinance.
An Owner shall provide the Protection Notice 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 during and for 12 months after the end of the Local Emergency Period.
Residential tenants will now have a cause of action for up to $15,000 for violations of the ordinance. If an Owner violates this ordinance an aggrieved residential tenant bring a cause of action for up to $10,000 per violation with the potential for an additional $5,000 per violation if the tenant is older than 62. The tenant must provide written notice to the Owner of the alleged violation, and the Owner will have 15 days from the receipt of the notice to cure the alleged violation.
The notice will have to be in English and the language predominantly used by each tenant.
Effective May 12th, 2020 - Tenant Protections (Retroactive to March 4th, 2020)
This ordinance temporarily prohibits evictions of residential and commercial tenants for failure to pay rent due to COVID-19, and prohibits evictions of residential tenants during the emergency for no-fault reasons, for unauthorized occupants or pets, and for nuisance related to COVID-19. This ordinance further suspends withdrawals of occupied residential units from the rental market under the Ellis Act.
Important Terms of Art
Endeavor to Evict. “Endeavor to evict” is conduct where the Owner lacks a good faith basis to believe that the tenant 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.
Local Emergency Period. “Local emergency period” is the period of time from March 4th , 2020, to the end of the local emergency as declared by the Mayor.
Prohibition on Residential Evictions
Pursuant to LAMC, Ch. IV, Art. 14.6, Sec. 49.99.2:
Non-Payment of Rent - During the Local Emergency Period and for 12 months after its expiration, no Owner shall endeavor to evict a residential tenant for non-payment of rent during the Local Emergency Period if the tenant is unable to pay rent due to circumstances related to the COVID-19 pandemic.These circumstances include:
loss of income due to a COVID-19 related workplace closure,
child care expenditures due to school closures,
health-care expenses related to being ill with COVID-19 or caring for a member of the tenant’s household or family who is ill with COVID-19, or
reasonable expenditures that stem from government-ordered emergency measures.
Tenants shall have up to 12 months following the expiration of the Local Emergency Period to repay any rent deferred during the Local Emergency Period. Nothing in this article eliminates any obligation to pay lawfully charged rent. However, the tenant and Owner may, prior to the expiration of the Local Emergency Period or within 90 days of the first missed rent payment, whichever comes first, mutually agree to a plan for repayment of unpaid rent selected from options promulgated by the Housing and Community Investment Department (“HCID”) for that purpose.
No-Fault Evictions. No Owner shall endeavor to evict or evict a residential tenant for a no-fault reason during the Local Emergency Period.
Unauthorized Occupants or Pet or Nuisance. No Owner shall endeavor to evict or evict a residential tenant based on the presence of unauthorized occupants or pets, or for nuisance related to COVID-19 during the Local Emergency Period.
No Late Charges. No Owner shall charge interest or a late fee on rent not paid under the provisions of this article.
Notice Requirement. An Owner shall:
(i) provide written notice to each residential tenant of the protections afforded by this article (“Protections Notice”) within 15 days of the effective date (by 05/27/2020) of this ordinance; and
(ii) provide the Protections Notice during the Local Emergency Period and for 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, including any notice required under California Code of Civil Procedure Section 1161 and California Civil Code Section 1946.1.
HCID shall make available the form of the Protections Notice, which must be used, without modification of content or format, by the Owner to comply with this subparagraph. HCID will produce the form of the Protections Notice in the most commonly used languages in the City, and an Owner must provide the Protections Notice in English and the language predominantly used by each tenant.
Here you can download copies of the Notice in English, Spanish, Armenian, Chinese, Korean, Russian, and Tagalog.
No Owner shall influence or attempt to influence, through fraud, intimidation or coercion, a residential tenant to transfer or pay to the Owner any sum received by the tenant as part of any governmental relief program.
Except as otherwise specified in this article, nothing in this section shall prohibit an Owner from seeking to evict a residential tenant for a lawful purpose and through lawful means.
Pursuant to LAMC, Ch. IV, Art. 14.6, Sec. 49.99.5:
This article applies to nonpayment eviction notices, no-fault eviction notices, and unlawful detainer actions based on such notices, served or filed on or after the date on which a local emergency was proclaimed.
Nothing in this article eliminates any obligation to pay lawfully charged rent.
Pursuant to LAMC, Ch. IV, Art. 14.6, Sec. 49.99.7:
CAUSE OF ACTION - If an Owner violates Section 49.99.2, except for 49.99.2(E)(i) (service of the “Protections Notice” on tenants by 05/27/2020), an aggrieved residential tenant may institute a civil proceeding for injunctive relief, direct money damages, and any other relief the Court deems appropriate, including, at the discretion of the Court, an award of a civil penalty up to $10,000 per violation depending on the severity of the violation. If the aggrieved residential tenant is older than 65 or disabled, the Court may award an additional civil penalty up to $5,000 per violation depending on the severity of the violation.
The Court may award reasonable attorney’s fees and costs to a residential tenant who prevails in any such action. The Court may award reasonable attorney’s fees and costs to an Owner who prevails in any such action and obtains a Court determination that the tenant’s action was frivolous.
A civil proceeding by a residential tenant under this section shall commence only after the tenant provides written notice to the Owner of the alleged violation, and the Owner is provided 15 days from the receipt of the notice to cure the alleged violation. The remedies in this paragraph apply on the effective date of this section, and are not exclusive nor preclude any person from seeking any other remedies, penalties or procedures provided by law.
Pursuant to LAMC, Ch. IV, Art. 14.6, Sec. 49.99.8:
Upon the effective date of this section, an Owner who violates this article shall be subject to the issuance of an administrative citation as set forth in Article 1.2 of Chapter I of this Code. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies provided in this Code.