Los Angeles Municipal Code § 49.99 Findings

The City of Los Angeles is experiencing an unprecedented public health crisis brought by the Coronavirus, which causes an acute respiratory illness called COVID-19.

On March 4, 2020, the Governor of the State of California declared a State of Emergency in California as result of the COVID-19 pandemic. That same day, the Mayor also declared a local emergency.

On March 16, 2020, the Governor issued Executive Order N-28-20, which authorizes local jurisdictions to suspend certain evictions of renters and homeowners, among other protections. The Executive Order further authorizes the City of Los Angeles to implement additional measures to promote housing security and stability to protect public health and mitigate the economic impacts of the COVID-19 pandemic.

The economic impacts of COVID-19 have been significant and will have lasting repercussions for the residents of the City of Los Angeles. National, county, and city public health authorities issued recommendations, including, but not limited to, social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus. Residents most vulnerable to COVID-19, including those 65 years of age or older, and those with underlying health issues, have been ordered to self-quarantine, self-isolate, or otherwise remain in their homes. Non-essential businesses have been ordered to close. More recent orders from the Governor and the Mayor have ordered people to stay at home and only leave their homes to visit or work in essential businesses. As a result, many residents are experiencing unexpected expenditures or substantial loss of income as a result of business closures, reduced work hours, or lay-offs related to these government-ordered interventions. Those already experiencing homelessness are especially vulnerable during this public health crisis.

The COVID-19 pandemic threatens to undermine housing security and generate unnecessary displacement of City residents and instability of City businesses. Therefore, the City of Los Angeles has taken and must continue to take measures to protect public health, life, and property.

This ordinance temporarily prohibits evictions of residential tenants for failure to pay rent due to COVID-19 and prohibits evictions of residential tenants for no-fault reasons, for unauthorized occupants or pets, and for nuisance related to COVID-19. This ordinance also regulates certain evictions pursuant to the Ellis Act, Government Code Section 7060, et seq. (Amended by Ord. No. 187,736, Eff. 1/27/23.)

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

A. Commercial Real Property. “Commercial real property” is any parcel of real property that is developed and used either in part or in whole for commercial purposes. This does not include commercial real property leased by a multi-national company, a publicly traded company, or a company that employs more than 500 employees.

B. Endeavor to Evict. “Endeavor to evict” is conduct where the Owner lacks a good faith basis to believe that the tenant does not enjoy the benefits of this article and the Owner serves or provides in any way to the tenant: a notice to pay or quit, a notice to perform covenant or quit, a notice of termination, or any other eviction notice.

C. Local Emergency Period. “Local emergency period” is the period of time from March 4, 2020, to the end of the local emergency as declared by the Mayor.

D. No-fault Reason. “No-fault reason” is any no-fault reason under California Civil Code Section 1946.2(b) or any no-fault reason under the Rent Stabilization Ordinance.

E. Owner. “Owner” is any person, acting as principal or through an agent, offering residential or Commercial Real Property for rent, and includes a successor in interest to the owner.

F. Residential Real Property. “Residential real property” is any dwelling or unit that is intended or used for human habitation.

(Amended by Ord. No. 187,736, Eff. 1/27/23.)

A. Until January 31, 2023, no Owner shall endeavor to evict or evict a residential tenant for non-payment of rent if the tenant is unable to pay rent due to circumstances related to the COVID-19 pandemic. These circumstances include loss of income due to a COVID-19 related workplace closure, child care expenditures due to school closures, health-care expenses related to being ill with COVID-19 or caring for a member of the tenant’s household or family who is ill with COVID-19, or reasonable expenditures that stem from government-ordered emergency measures.

Rental arrears accumulated between March 1, 2020, and September 30, 2021, under this subsection must be paid by August 1, 2023. Rental arrears accumulated between October 1, 2021, and January 31, 2023, under this subsection must be paid by February 1, 2024. Unless the COVID-19 Tenant Relief Act, Code of Civil Procedure Section 1179.01, et seq., applies, an Owner may bring an action to recover possession of residential rental property following the tenant’s default in the payment of rent according to these timeframes.

Nothing in this article eliminates any obligation to pay lawfully charged rent.

B. Until January 31, 2023, no Owner shall endeavor to evict or evict a residential tenant for a no-fault reason, unless the eviction is undertaken to comply with a governmental agency’s order to vacate, order to comply, order to abate, or any other order that necessitates the vacating of residential rental property.

1. Following January 31, 2023, no-fault evictions to install a resident manager may proceed only when an on-site manager is required by law or the terms of a regulatory agreement unless a Declaration of Intent to Evict for Resident Manager occupancy was delivered to the Los Angeles Housing Department before March 4, 2020.

2. An Owner shall provide 60 days’ written notice to any tenant in possession of a rental unit subject to the Rent Stabilization Ordinance on whom the owner previously served written notice terminating the tenancy for a no-fault reason under Los Angeles Municipal Code Section 151.09. The tenant may file an appeal under Los Angeles Municipal Code Section 151.09 G. for relocation assistance based on a change in disability status if applicable.

C. Extension of Protections for Tenants with Unauthorized Pets Necessitated by COVID-19. No Owner shall evict or endeavor to evict a residential tenant based solely on a provision of a rental agreement or lease that prohibits or restricts the presence of unauthorized pets in the rented or leased premises, provided the presence of the unauthorized pet was necessitated by COVID-19 and the owner of the unauthorized pet is in compliance with this Code. A tenant who has not previously notified the Owner of the presence of the unauthorized pet shall confirm the presence of each such pet necessitated by COVID-19 present at the rental unit within 30 days of the effective date of this ordinance. The protections of this section shall not apply in the case of any unauthorized pet whose presence at the rental unit began after January 31, 2023. (Amended by Ord. No. 188,108, Eff. 2/5/24.)

D. No Owner shall charge interest or a late fee on rent not paid under the provisions of this article.

E. Reserved.

F. No Owner shall influence or attempt to influence, through fraud, intimidation or coercion, a residential tenant to transfer or pay to the Owner any sum received by the tenant as part of any governmental relief program.

G. Except as otherwise specified in this article, nothing in this section shall prohibit an Owner from seeking to evict a residential tenant for a lawful purpose and through lawful means.

(Repealed by Ord. No. 187,736, Eff. 1/27/23.)

(Title and Section Amended by Ord. No. 187,736, Eff. 1/27/23.)

No Owner may bring an action to recover possession of occupied residential real property under the Ellis Act, Government Code Section 7060, et seq., until April 1, 2023. Owners must comply with Sections 151.22 through 151.28 of Article 1, Chapter 15 of the Los Angeles Municipal Code to demolish or withdraw rental units subject to the Rent Stabilization Ordinance from rental housing use.

This article applies to nonpayment eviction notices, no- fault eviction notices, and unlawful detainer actions based on such notices, served or filed on or after the date on which a local emergency was proclaimed. Nothing in this article eliminates any obligation to pay lawfully charged rent.

Tenants may use the protections afforded in this article as an affirmative defense in an unlawful detainer action.

If an Owner violates Section 49.99.2, except for 49.99.2(E)(i), an aggrieved residential tenant may institute a civil proceeding for injunctive relief, direct money damages, and any other relief the Court deems appropriate, including, at the discretion of the Court, an award of a civil penalty up to $10,000 per violation depending on the severity of the violation. If the aggrieved residential tenant is older than 65 or disabled, the Court may award an additional civil penalty up to $5,000 per violation depending on the severity of the violation. The Court may award reasonable attorney’s fees and costs to a residential tenant who prevails in any such action. The Court may award reasonable attorney’s fees and costs to an Owner who prevails in any such action and obtains a Court determination that the tenant’s action was frivolous. A civil proceeding by a residential tenant under this section shall commence only after the tenant provides written notice to the Owner of the alleged violation, and the Owner is provided 15 days from the receipt of the notice to cure the alleged violation. The remedies in this paragraph apply on the effective date of this section, and are not exclusive nor preclude any person from seeking any other remedies, penalties or procedures provided by law.

Upon the effective date of this section, an Owner who violates this article shall be subject to the issuance of an administrative citation as set forth in Article 1.2 of Chapter I of this Code. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies provided in this Code.

If any provision of this article is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this article which can be implemented without the invalid provisions, and to this end, the provisions of this article are declared to be severable. The City Council hereby declares that it would have adopted this article and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.