In May 2020, the City of Los Angeles adopted Ordinance No. 186606, which prohibits many types of evictions within the City’s borders. The City ordinance ends when the Mayor declares the state of emergency arising from Covid to be over. Accordingly, tenants can continue to defer rent payments and avoid being evicted for non-payment and other reasons, until the end of the local emergency. This article summarizes the eviction protections afforded by the Ordinance.
Non-Payment Of Rent
Landlords cannot evict a residential tenant for nonpayment of rent if the tenant is unable to pay rent due to circumstance related to COVID. These circumstances include loss of income due to workplace closure or reduced hours due to COVID-19, and increased childcare expenditures due to school closures. Tenants are still obligated to pay lawfully charged rent. However, during the emergency period, tenants may not be evicted for failure to pay rent due to the financial impacts related to COVID-19. Tenants will have up to 12 months following the expiration of the local emergency to repay any back rent due.
No Fault Evictions
Property owners are prohibited from going forward with “No Fault” evictions during the Local Emergency Period. No-Fault evictions mean any eviction not based on an alleged fault of the tenant.
Withdrawal Of Unit From Market
During the Local Emergency Period property owners cannot withdraw an occupied residential unit from the rental housing market under the Ellis Act.
At Fault Evictions
Landlords may not evict tenants due to certain “At Fault” reasons, including the presence of unauthorized occupants, pets or nuisance related to COVID-19. Presumably, all other at-fault evictions can go forward. This presumption is supported by the Ordinance’s language stating all other evictions for a lawful purpose are permitted.
Commercial Evictions
Landlords cannot evict a commercial tenant for nonpayment of rent if the tenant is unable to pay rent due to circumstance related to the COVID. These circumstances include loss of business income due to circumstances related to Covid. Commercial Tenants are still obligated to pay lawfully charged rent. However, during the emergency period, tenants may not be evicted for failure to pay rent due to the financial impacts related to COVID-19. Commercial tenants will have up to 3 months following the expiration of the local emergency to repay any back rent due.
Enforcement Procedures
Tenants facing eviction have an affirmative defense if the proposed eviction is for non-payment of rent and the tenant’s inability to pay rent results from circumstances related to the COVID-19 emergency. Tenants or their attorneys can raise the existence of this moratorium as a defense in an Unlawful Detainer action. The L.A. City Ordinance does not require tenants to provide their landlord notice or documentation if unable to pay rent due to COVID-19, but tenants should keep documentation in the event of a court action.
Notably, the above protections are only available if there is a reasonable belief that the tenant has suffered a Covid-related financial distress by either returning a declaration, providing other notice, or there is any other information that the landlord may have that the tenant has suffered a financial distress. Since tenants need to raise the protections afforded by the Ordinance as an affirmative defense, they would need to prove that they indeed suffered a financial hardship due to COVID-19 that is adversely impacting their ability to pay rent.
Caveat: The Ordinance has not yet been tested in the Courts, so it is unclear on how the Courts will resolve any particular case.
Please contact Lynx Legal Service with any questions on the above or if you are ready to start a case. We can be reached at 888-441-2355 or info@lynxlegal.com. Our experienced professionals are standing by to answer any inquiries you may have.