Moratorium on Evictions
UPDATE: The L.A. County Temporary Eviction Moratorium, effective March 4, 2020, through June 30, 2021*, unless repealed or extended by the L.A. County Board of Supervisors, places a countywide ban on evictions for residential and commercial tenants, including mobilehome space renters. Under the county’s moratorium — which applies to Rancho Palos Verdes — tenants may not be evicted for COVID-19 related nonpayment of rent, as well as no-fault reasons, nuisance, or unauthorized occupants or pets – if related to COVID-19.
*As of October 1, 2020, the county’s moratorium will no longer apply to residential tenants facing eviction for nonpayment of rent due to COVID-19 related financial hardship, as they are covered under the state’s eviction moratorium, AB 3088.
On April 14, the Los Angeles County Board of Supervisors issued an executive order expanding an existing temporary rent freeze and moratorium on evictions in parts of Los Angeles County in response to the coronavirus/COVID-19 health emergency.
The order expanded the temporary eviction moratorium to cover all residential and commercial tenants in Los Angeles County (including those in the City of Rancho Palos Verdes), except those who live or conduct business in cities that have already enacted their own eviction moratoria.
In May, the moratorium was updated to clarify that commercial protections are intended for small businesses. Multi-national companies and publicly traded businesses are exempt from the County’s emergency tenant protection policies.
The moratorium includes a ban on evictions for:
- Nonpayment of rent, if the tenant can show they have been financially impacted by the health emergency
- No Fault reasons, such as owner/relative move-in or Ellis Act evictions
- Violations due to additional occupants, pets or nuisance related to COVID-19
The expanded temporary rent freeze also prohibits owners of mobilehome parks in unincorporated areas of Los Angeles County from increasing the space rent for their tenants during the moratorium period.
- Renters will have 12 months after the moratorium ends to pay any back rent (previously six months)
- Landlords may not impose any new passthroughs or charge interest or late fees for unpaid rent during the moratorium period
- Landlords may not attempt to collect interest and late fees incurred during the moratorium period after the Executive Order is terminated for renters covered by the Rent Stabilization Ordinance and the Mobilehome Rent Stabilization Ordinance
- Payment plans that allow landlords to accept partial payments from tenants during the moratorium are encouraged
- Tenants may provide self-certification of their inability to pay rent, and landlords must accept this as sufficient notice
- Landlords may not harass or intimidate tenants who choose to exercise their protections under this moratorium
Read the full motion at http://file.lacounty.gov/SDSInter/bos/supdocs/145198.pdf
If you are a renter who has experienced COVID-related setbacks and you are behind on your rent, there are laws that may protect you from being evicted. However, those laws may be changing soon and you’re going to have to start paying any unpaid rent back – if you haven’t already. Get the info you need at dcba.lacounty.gov.
Have questions about L.A. County’s eviction moratorium?
Here’s everything you need to know: https://covid19.lacounty.gov/tenants-and-landlords/
More information is also available at the Department of Consumer and Business Affairs website: dcba.lacounty.gov/noevictions
See also Frequently Asked Questions (PDF)
For more details about the moratorium on evictions and other landlord-tenant issues, please contact the L.A. County Department of Business and Consumer Affairs at (833) 223-7368 or firstname.lastname@example.org; or the L.A. County Disaster Help Center at (833) 238-4450 or visit lacountyhelpcenter.org.
The Disaster Help Center also provides expanded foreclosure protection assistance for landlords with 15 or fewer units. If you are a property owner facing financial difficulty, contact the Help Center to learn about available resources for your situation.
On January 29, 2021, Governor Gavin Newsom signed legislation to extend the state’s landmark eviction moratorium through June 30, 2021, protecting millions of Californians struggling as a result of the economic hardships brought on by the COVID-19 pandemic.
On January 25, 2021, Governor Newsom, Senate President pro Tempore Toni Atkins and Assembly Speaker Anthony Rendon announced an agreement on the legislation to extend the eviction moratorium established last year under AB 3088, which was set to expire at the end of the month.
The legislation signed by the governor pauses evictions for tenants who declare under penalty of perjury an inability to pay all or part of the rent due to a COVID-related reason. Tenants are still responsible for paying unpaid amounts to property owners, but those unpaid amounts cannot be the basis for an eviction, even after the moratorium ends.
SB 91 also establishes the State Rental Assistance Program to allocate the $2.6 billion in federal rental assistance California will receive. The program will target aid to income-qualified tenants most at-risk with unpaid back rent. Assistance will also be extended to property owners who agree to waive 20 percent of unpaid rent. By agreeing to this waiver, property owners will become eligible for 80 percent in rent reimbursements for amounts owed between April 1, 2020 and March 31, 2021.
Approximately $150 million of the federal funds will be reserved for tenants in counties with populations of 200,000 or less and the additional funds will be available to counties with populations larger than 200,000. The state will directly administer $1.5 billion through contracted entities, and local governments can either join forces with the state or administer their own programs. The State Rental Assistance Program will begin accepting applications from property owners and tenants in March.
SB 91 prohibits the selling or assigning of rental debt that was accrued from March 1, 2020 through June 30, 2021 until the end of the moratorium. However, the prohibition is permanent with respect to the rental debt of people at or below 80 percent of Area Median Income who meet the eligibility requirements of the Rental Assistance Program. Property owners or other housing providers are also prohibited from using COVID-19 related debt as a negative factor for evaluating a housing application, or as the basis for refusing to rent to an otherwise qualified tenant.
For more tenant and landlord resources, visit landlordtenant.dre.ca.gov or call 1-833-422-4255.