Los Angeles Municipal Code Art. 5.3 Tenant Anti-Harassment Ordinance

(Added by Ord. No. 187,109, Eff. 8/6/21.)

Section 45.30 Findings. 45.31 Declaration of Purpose. 45.32 Definitions. 45.33 Tenant Harassment. 45.34 Affirmative Defense. 45.35 Private Right of Action; Civil Penalties. 45.36 Criminal Prosecution. 45.37 Rent Adjustment Penalty. 45.38 Rent Adjustment Commission Authority.

45.39 Lawful Evictions. 45.39.1 Severability.

(Added by Ord. No. 187,109, Eff. 8/6/21.)

The City of Los Angeles has an extreme shortage of affordable rental housing.

Housing advocates report that some unscrupulous landlords have been constructively evicting long-term tenants by engaging in harassing conduct in order to coerce vacancies, and thereby charge higher market rate rents.

In 2018, the Housing and Community Investment Department investigated approximately 10,000 tenant complaints of harassment in rent stabilized units concerning illegal rent increases, illegal evictions, failure to post required notifications, non-registration of rental units, illegal tenant buy-out agreements, and denial of relocation assistance.

Other harassing conduct used by residential landlords to cause unlawful evictions include reducing housing services, issuing eviction notices based upon false grounds, and refusing to complete repairs required by law. Habitability and other tenant complaints are often not raised with landlords nor with City inspectors for fear of retaliation.

Tenants living in rental units are especially vulnerable to landlord harassment due to the shortage of other available affordable rental housing and lack of accessible remedies. Harassment of tenants is severely impacting the City’s most marginalized community members who deserve rental housing stability and security. Now more than ever, the City needs to adopt civil and criminal remedies to address these unlawful harassment practices to help tenants achieve meaningful remedies to deter this bad conduct and to make tenants harmed by such conduct whole.

(Added by Ord. No. 187,109, Eff. 8/6/21.)

The Tenant Anti-Harassment Ordinance provided in this article augments existing protections provided to residential tenants under state, federal, and local laws to prohibit and deter tenant harassment by landlords in all rental units, including single-family residences and condominiums. This Ordinance provides an aggrieved tenant with a private right of action and affirmative defense in eviction, ejectment, and other actions. The Ordinance also makes violations a criminal offense.

(Added by Ord. No. 187,109, Eff. 8/6/21.)

The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in Sections 12.03 and 151.02 of this Code, if defined therein.

Department. “Department” refers to the Housing and Community Investment Department and any successor entity.

Landlord. “Landlord” refers to any owner, lessor, sublessor, manager, and/or person, including any firm, corporation, partnership, or other entity, having any legal or equitable right of ownership or possession or the right to lease or receive rent for the use and occupancy of a rental unit, and whether acting as principal or through an agent or representative or successor of any of the foregoing.

Rent Adjustment Commission. “Rent Adjustment Commission” refers to the Rent Adjustment Commission of the City of Los Angeles as defined in Chapter XV of this Code.

Rental Unit. “Rental Unit” refers to all dwelling units, efficiency dwelling units, guest rooms, and suites, as defined in Section 12.03 of this Code, all housing accommodations as defined in Government Code Section 12927, all duplexes, condominiums and single-family homes in the City of Los Angeles, rented or offered for rent for living, dwelling and/or human habitation purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings, and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall also include mobile homes, whether rent is paid for the mobile home and the land upon which the mobile home is located, or rent is paid for the land alone. Further, it shall include recreational vehicles, as defined in California Civil Code Section 799.29, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreational vehicle and the land upon which it is located, or rent is paid for the land alone.

Tenant. “Tenant” refers to any tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupy a rental unit within the City of Los Angeles.

(Amended by Ord. No. 188,416, Eff. 12/29/24.)

Tenant Harassment shall be defined as a landlord’s bad faith conduct directed at a specific tenant or tenants that causes the latter detriment or harm. “Bad faith” refers to willful, reckless, or grossly negligent conduct. Examples of Tenant Harassment include but are not limited to the following actions:

1. Reducing or eliminating, or threatening to reduce or to eliminate, housing services required by a lease, contract or law, including the elimination of parking if provided in the tenant’s lease or contract, except

when necessary to comply with a court order or local or state law, or to create an accessory dwelling unit or additional housing.

2. Failing to perform and timely complete necessary repairs and maintenance required by Federal, State, County, or local housing, health, or safety laws; or failure to follow applicable industry standards to

minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts.

3. Abuse of the right of access into a rental unit as established and limited by California Civil Code Section 1954, including the following: entering or photographing portions of a rental unit that are beyond the

scope of a lawful entry or inspection; failing to explicitly state the specific justification for entry in the notice of entry to the tenant; failing to reasonably coordinate entry with the tenant’s schedule; misrepresenting in the notice of entry the reasons for entering the residential rental property or rental unit; failing to provide the approximate time window for the entry or providing a time window that is unreasonably excessive in time for the stated purpose; failing to timely notify the tenant that the entry for which the tenant was previously given notice has been canceled; excessively requesting entry in a manner not reasonably justified by the reason(s) stated on the notice.

4. Threatening a tenant, or their guests, by word or gesture, with physical harm.

5. Attempting to coerce the tenant to vacate with offer(s) of payments.

6. Representing to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through a misrepresentation or the concealment or omission of a material fact.

7. Threatening or taking action to terminate any tenancy including service of any notice to quit or other eviction notice or bringing action to recover possession of a rental unit based on facts which the landlord

has no reasonable cause to believe to be true. No landlord shall be liable under this subsection for bringing an action to recover possession of a rental unit unless and until the tenant has obtained a favorable termination of that action.

8. Threatening to or engaging in any act or omission which interferes with the tenant’s right to use and enjoy the rental unit or whereby the premises are rendered unfit for human habitation and occupancy.

9. Refusing to acknowledge, facilitate, or accept receipt of lawful rent payments or rental assistance payments as set forth in the lease agreement or as established by the usual practice of the parties or applicable law. This includes but is not limited to refusal to accept rent paid on behalf of the tenant from a third party, or refusing to timely provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, non-profit organization, or other third party. 10. Inquiring as to the immigration or citizenship status of a tenant, prospective additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring any of these people to make any statement, representation, or certification concerning their immigration or citizenship status.

   11. Disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of a tenant, whether in retaliation for engaging in legally protected activities or to

   influence them to vacate or for any other reason.

   12. Disclosing or threatening to disclose information about a tenant to any government entity for engaging in legally protected activities or to influence them to vacate.

   13. Engaging in an activity prohibited by federal, state, or local housing anti-discrimination laws.

   14. Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations and unions.

   15. Interfering with a tenant’s right to privacy, or requesting information that violates a tenant’s right to privacy, including but not limited to residency or citizenship status, Social Security Number, relationship status, or criminal history, except as authorized by law.

10. Unilaterally imposing or requiring an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless any of the following apply: (1) the change in the terms of the tenancy is authorized by California Civil Code Section 1946.2(f), 1947.5, or 1947.12; (2) the change in the terms of tenancy is required by Federal, State, or local law or regulatory agreement with a government agency; or (3) the change in terms of the tenancy was accepted in writing by the tenant after receipt of written notice from the owner that the tenant need not accept such new term as part of the rental agreement.

    17. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of a tenant(s) and that cause, are likely to cause, or are committed with the

    objective to cause a tenant(s) to surrender or waive any rights in relation to such tenancy.

(Amended by Ord. No. 188,416, Eff. 12/29/24.)

A tenant may use the protections afforded in this article as an affirmative defense in an unlawful detainer, ejectment, and other actions, regardless of the factual allegations in the eviction notice, when their landlord engages in actions constituting tenant harassment as defined in this article and other applicable laws.

(Amended by Ord. No. 188,416, Eff. 12/29/24.)

A. An aggrieved tenant under this article, the City of Los Angeles, or any person, organization, or entity who will fairly and adequately represent the interests of an aggrieved tenant(s) under this article, may institute civil proceedings as provided by law, against any landlord violating any of the provisions of this article and any person who aids, facilitates, and/or incites another to violate the provisions of this article, regardless of whether the rental unit remain occupied or has been vacated due to harassment.

B. A tenant prevailing in court under this article shall be awarded three times compensatory damages (including damages for mental or emotional distress), rent refunds for reduction in housing services (if applicable), reasonable attorney’s fees and costs, civil penalties up to $10,000 but not less than $2,000 per violation depending upon the severity of the violation, tenant relocation (if applicable), and other appropriate relief, as adjudged by the court.

C. If a tenant prevailing under this article is older than 65 years or disabled when any of the harassing conduct occurred, the court may impose additional civil penalties up to $5,000 per violation depending upon the severity of the violation.

D. Any landlord violation of the provisions of this article, and any person who aids, facilitates, and/or incites another to violate the provisions of this article may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate if legal requirements of equitable reliefare met.

E. The remedies in this paragraph are not exclusive nor do they preclude any tenant from seeking any other remedies or penalties as provided by law. The court may also award punitive damages to any plaintiff, including the City of Los Angeles, in a proper case as defined by Civil Code Section 3294 or successor statute. In addition to the remedies provided herein, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City in abatement and prosecution of the violation(s).

F. Landlord Notice. A civil proceeding or small claims case initiated under this article alleging any violation of LAMC Section 45.33 2. may be commenced only after the tenant or any other person provides written notice to the landlord of the alleged violation, and the landlord fails to remedy the repair or maintenance issue within a reasonable period of time. However, no waiting period shall apply if the landlord’s conduct is intentional and demonstrates a willful disregard for the comfort, safety or well-being of the tenant(s).

G. Statute of Limitations. The statute of limitations for an action shall be three years. All remedies under this article shall be available for the entire statutory period.

(Added by Ord. No. 187,109, Eff. 8/6/21.)

A. A violation of any provision of this article is punishable as an infraction or misdemeanor.

B. A misdemeanor conviction under this article shall be punished by a fine of not more than $1,000 for each offense or by imprisonment in the county jail for a period of not more than six months or both, as determined by the court.

C. It shall be a misdemeanor to attempt to interfere with the peaceful enjoyment, use, possession or occupancy of any premises by the lawful lessee or tenant of such premises either by threat, fraud, intimidation, coercion, duress, or by the maintenance or toleration of a public nuisance, or by cutting off heat, light, water, fuel or free communication by anyone by mail, telephone or otherwise, or by restricting trade or tradespersons from or to any such tenant. This subsection shall not apply to a duly authorized officer pursuant to the authority of legal process.

(Added by Ord. No. 187,109, Eff. 8/6/21.)

A. Any rental unit subject to the Rent Stabilization Ordinance of the City of Los Angeles which becomes vacant as a result of a violation of any provision of this article shall only be permitted to be rented at the lawful rent in effect at the time of the most recent termination of tenancy.

(Added by Ord. No. 187,109, Eff. 8/6/21.)

A. The Rent Adjustment Commission shall have the authority to interpret, implement, and apply all provisions of this article and issue orders and promulgate policies, rules, and regulations to effectuate the purposes of this article. All such rules and regulations shall be published once in a daily newspaper of general circulation in the City of Los Angeles, and shall take effect upon such publication.

B. The Rent Adjustment Commission may make studies and investigations, conduct hearings, and obtain information as it deems necessary to promulgate, administer and enforce any regulation, rule, or order adopted pursuant to this article.

(Added by Ord. No. 185,797, Eff. 11/25/18.)

The City Council finds and declares:

That harassment and retaliation against a tenant on the basis of immigration or citizenship status exists in the City of Los Angeles;

That the existence of such harassment and retaliation poses a substantial threat to the public health and welfare of large segments of the population;

That there is a shortage of decent, safe and sanitary housing in the City of Los Angeles, resulting in a critically low vacancy factor;

That such harassment and retaliation has an overall detrimental effect upon the composition of the City, that it encourages the flight of families from the City of Los Angeles, and results in the decline of stable, intergenerational neighborhoods, the preservation of family life within the City, and the reduction of social and recreational services for children and their families;

That such harassment and retaliation cuts across racial, ethnic and economic lines, and falls most heavily on minority and single parent families with children;

That it is consistent with the Housing Element of the General Plan to promote and ensure equal opportunities for all persons regardless of immigration or citizenship status in rental housing in the City;

That Section 1940.2 of the California Civil Code preserves the ability of the City of Los Angeles to regulate and enforce prohibitions on harassment and retaliation against a tenant on the basis of immigration or citizenship status; and

That because housing is a fundamental necessity of life, it is against the public policy of the City of Los Angeles to harass or retaliate against a tenant in rental housing upon the basis of immigration or citizenship status.

(Added by Ord. No. 185,797, Eff. 11/25/18.)

A. Landlord: An owner, lessor or sublessor, (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive Rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.

B. Rent: The consideration, including any bonus, benefits or gratuity, demanded or received by a Landlord for or in connection with the use or occupancy of a rental unit, including, but not limited to, monies demanded or paid for the following: meals where required by the Landlord as a condition of the tenancy; parking; furnishings; other housing services of any kind; subletting; or security deposits.

C. Rental Units: All residential real property, including, but not limited to, dwelling units, efficiency dwelling units, guest rooms and suites in the City of Los Angeles as defined in Section 12.03 of this Code, rented or offered for Rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall also include mobile homes, whether Rent is paid for the mobile homes and the land upon which the mobile home is located, or Rent is paid for the land alone. The term shall not include housing accommodations that are specifically exempted from municipal regulation by state or federal law or administrative regulation.

(Added by Ord. No. 185,797, Eff. 11/25/18.)

It shall be unlawful for any Landlord, or any agent, employee or contractor of such Landlord, to do or attempt to do any of the following:

A. Inquire as to the immigration or citizenship status of a tenant, prospective tenant, occupant or prospective occupant of a Rental Unit.

B. Require any tenant, prospective tenant, occupant or prospective occupant of a Rental Unit to make any statement, representation or certification concerning their immigration or citizenship status.

C. Disclose or threaten to disclose to any person or entity information regarding or relating to the immigration or citizenship status of a tenant, prospective tenant, occupant, prospective occupant of a Rental Unit or other person known to the Landlord to be associated with a tenant or occupant.

(Added by Ord. No. 185,797, Eff. 11/25/18.)

Nothing in this article shall prohibit:

A. An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate or has violated the applicable rental agreement, lease, rules, regulations or laws.

B. An oral or written explanation of the rental agreement, lease, rules, regulations or laws given in good faith during the normal course of business.

C. Complying with any legal obligation under federal or state law, including, but not limited to, any legal obligation under any federal government program that provides for Rent limitations or rental assistance to a qualified tenant, or a subpoena, warrant or other judicial order issued by a court.

D. Requesting, in good faith, information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.

(Added by Ord. No. 185,797, Eff. 11/25/18.)

A. Violation of any provision of Section 45.42 shall be punishable in accordance with Subdivision (m) of Section 11.00 of this Code.

B. Subsection A. notwithstanding, any person who violates any provision of Section 45.42 for the purpose of, or with the intent of, harassing or intimidating a tenant, prospective tenant, occupant, or prospective occupant; retaliating against a tenant, prospective tenant, occupant, or prospective occupant for the exercise of their rights; influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling; shall be punishable by a fine of $1,000 and by imprisonment in the County Jail for a period of not more than six months. Nothing in this subsection requires a landlord to actually or constructively evict a tenant in order to be in violation.

(Added by Ord. No. 185,797, Eff. 11/25/18.)

If any subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.