Update On Los Angeles County Eviction Moratorium

Los Angeles County’s Board of Supervisors has voted to extend its county’s eviction moratorium through the end of 2022, by approving The Los Angeles County Updated Covid-19 Tenant Protections Resolution. The new rules add another layer of complexity to the other eviction protection laws and ordinances passed during the pandemic. Here’s what all the new changes mean for L.A. County landlords:

Continuation of Current Protections

L.A. County’s current tenant protections were set to expire on January 31, 2022. Those provisions will now continue through May 31, 2022. They basically cover all no fault evictions, with an exemption for certain homeowner move in evictions (see below). No fault evictions are evictions where the tenant has done nothing wrong, including evictions based on substantial remodel of the premises.

Most at fault evictions remain viable, with three exceptions. The moratorium continues to prohibit evictions over tenant nuisances, unauthorized occupants/pets or denying entry to the apartment. Presumably, evictions based on other “at fault” reasons, including other breaches of a lease agreement, remain, viable.

For non payment of rent evictions, the ordinance defers to state law until April 1, 2022. Under state law the only restriction on non payment of rent evictions is the requirement that the landlord apply for rental assistance and wait for the outcome before being able to pursue the eviction. If the rent relief application is granted, the eviction process would end. If its not granted or not ruled upon within 20 days, the eviction case can proceed.

April 1, 2022 Changes

Starting April 1, 2022, the eviction protections return for those LA County tenants who are unable pay rent due to Covid. On that date landlords will not be allowed to evict any tenant affected by the COVID-19 pandemic for nonpayment of rent until at least January 2023. Specifically, as long as the tenant has a covid-related hardship negatively impacting his or her ability to pay rent, he or she cannot be evicted.

June 1, 2022 Changes

Starting on June 1, 2022, non payment of rent protection will only apply to renters earning up to 80% of the area’s median income. To claim this protection after June 1, tenants will need to certify that they meet the income requirements. Also starting in June, landlords can once again evict tenants for denying entry into an apartment, as long as the right to enter units is not for the purpose of harassment. Besides the extended protections, tenants will also be protected from evictions based on any type of harassment and retaliation.

Rent Freeze

The Board of Supervisors also approved a continued freeze on rent increases for tenants living in rent-controlled housing within unincorporated parts of the county. Tenants covered by that rent freeze will not receive a rent hike until at least 2023.

Owner/Family Member Move Ins

Between February 1, 2022 and May 31, 2022, a landlord or a qualifying family member can move into a single-family home, mobilehome space, condominium unit, duplex, or triplex if the property was purchased on or before June 30, 2021, and if they meet the following criteria:

• The Landlord or Landlords qualifying family member must physically reside at the property for at least thirty-six (36) consecutive months after the eviction;

• The Tenants of the unit must be current on rent payments and not have been impacted by COVID-19;

• The Landlord or Landlords qualifying family member must be similarly situated to the Tenant currently occupying home;

• The Landlord must provide at least sixty (60) days’ notice to Tenant

• The Landlord must pay tenant relocation assistance as required by the County’s Rent Stabilization Ordinance or the incorporated city’s applicable ordinance or regulation.

Effective June 1, 2022, the property purchase date (June 30, 2021) and the requirement for tenants impacted by COVID-19 for Owner Move-Ins are lifted under Phase II (June 1, 2022- December 31, 2022) of the COVID-19 Tenant Protections Resolution.

Please contact Lynx Legal Service with any questions on the above. 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.