The County of Los Angeles has enacted an Anti-Harassment Ordinance covering unincorporated areas of the County, that gives renters more legal recourse to sue their landlords for harassment and imposes harsh penalties for noncompliance. Landlords also are prohibited from retaliating against tenants who are not in default of their rent and who have exercised their rights under the Ordinance. L.A. County, Cal., Mun. Code § 8.52.130.
Acts and Omissions Constituting Violations of the Ordinance
The Ordinance prohibits landlords and their agents from doing any of the following:
Tenant Remedies for Violations of the Ordinance
A Tenant may assert retaliation affirmatively or as a defense to the Landlord’s action. Additionally, any tenant, or any person or entity acting on behalf of the tenant’s interest, including the County, may bring a lawsuit against the landlord for violations of the Ordinance. L.A. County, Cal., Mun. Code § 8.52.170. Tenants can sue for a wrongful eviction, illegal rent increases, illegal buyouts, retaliation, and harassment. Id. Tenants can seek injunctive, declaratory and other equitable relief, restitution, and reasonable attorney fees and costs. Id. The court may award reasonable attorney fees and costs to a landlord who prevails in any action brought against them if the court determines that the tenant’s action was frivolous. Id.
In addition, landlords who have retaliated against or harassed the tenant will be liable for civil penalties of between $2,000 and $5,000 per violation. L.A. County, Cal., Mun. Code § 8.52.130. If the tenant is 62 years old or older or is disabled, the court may award an additional $5,000 per violation. Id. Each violation of the Ordinance, and each day such violation is committed, permitted, or continued, is a separate offense. L.A. County, Cal., Mun. Code § 8.52.170.
The Ordinance also permits criminal prosecution of any person who violates the ordinance. Specifically, a person violating any of the provisions or failing to comply with any of the requirements of this Chapter is guilty of a misdemeanor, punished by a fine not to exceed One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period of not more than six (6) months, or by both.
Please contact Lynx Legal with any questions regarding the above or if you are ready to proceed with an eviction. We can be reached at 888-441-2355 or info@lynxlegal.com. Our experienced professionals are standing by to assist in any way we can.
California landlords need to be aware of state and federal disability rights laws which impose…
Landlord insurance is similar to homeowners’ insurance, but typically includes additional liability coverage for the…
This article discusses the role of a demurrer in an unlawful detainer proceeding, and how…
The City of Los Angeles has a “just cause” eviction control ordinance allowing evictions based…
Does a landlord have a legal right to prohibit prospective tenants from smoking inside or…
This article summarizes the “just cause” eviction control provisions of the City of Concord’s Tenant…