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EVICTION MORATORIUM HAS A NEW NAME AND TIMELINE!

WHAT IS THE COUNTY’S COVID-19 TENANT PROTECTIONS RESOLUTION?
The County’s COVID-19 Tenant Protections Resolution (formerly the LA County Eviction Moratorium), which went into effect March 4, 2020, extends certain protections to residential and commercial Tenants affected by the COVID-19 pandemic in Los Angeles County. On January 25, 2022, the Los Angeles County Board of Supervisors voted to extend the COVID-19 Tenant Protections Resolution through December 31, 2022, unless repealed or further extended by the Board.

WHAT SHOULD RESIDENTIAL AND COMMERCIAL TENANTS KNOW ABOUT THE UPDATED PROTECTIONS?

The updated COVID-19 Tenant Protections Resolution includes two phases which incorporate both extensions and lifting of some existing eviction protections, as well as reinstating/adding eviction protections for residential non-payment of rent due to COVID-19 financial hardship, as shown below:

FOR COMMERCIAL TENANTS
As of February 1, 2022, Commercial Tenants are no longer protected from eviction due to nonpayment of rent. Commercial Tenants will have the following time to repay past due rent from March 2020-January 2022: Twelve (12) months for those with 0-9 employees; Six (6) months for those with 10-100 employees in equal installments.

While eviction protections for nonpayment of rent are expiring, anti-harassment and retaliation protections will continue during the protection period, as well as personal guarantee protection for smaller (0-9 employees) commercial tenants.

FOR RESIDENTIAL TENANTS
Some eviction protections (listed above) for residential tenants and mobilehome space renters will continue through December 31, 2022. One major addition to note under the updated Resolution is that on April 1, 2022, eviction protections for nonpayment of rent, including self-certification to establish an affirmative defense, are added for all residential tenants and mobile home space renters due to COVID-19 financial hardship for rent incurred on or after April 1, 2022. This protection will be amended on June 1, 2022 (Phase II) to apply ONLY to households with incomes at or below 80% Area Median Income (AMI) due to COVID-19 financial hardship for rent incurred on or after April 1, 2022.

Residential Tenants will have twelve (12) months following the expiration of the COVID-19 Tenant Protections Resolution to repay past rent due on or after April 1, 2022.

The County’s COVID-19 Tenant Protections Resolution does not cancel or stop the rent from being owed, or stop the accumulation of rent that is owed during the protections period. Tenants should pay if they can and are encouraged to work out a payment plan with their landlord during and after the termination of the COVID-19 Tenant Protection Resolution.

UNDER WHAT CIRCUMSTANCES CAN A LANDLORD EVICT A TENANT TO MOVE INTO A PROPERTY UNDER THE COUNTY’S COVID-19 TENANT PROTECTIONS RESOLUTION?

Under Phase I (February 1, 2022 – May 31, 2022) of the COVID-19 Tenants Protection Resolution, a landlord or a qualifying family member can move into a single-family home, mobilehome space, condominium unit, duplex, or triplex (collectively “units”) 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;

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.
Please note that 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 Protection Resolution.

Landlords will need to use the following forms as part of the process to evict the tenant(s) and provide notice to the Department of Consumer and Business Affairs:

https://dcba.lacounty.gov/wp-content/uploads/2021/10/LA-County-COVID-19-Tennat-Protections-Landlord-Move-In-Disclosure-10.4.21.pdf

https://dcba.lacounty.gov/wp-content/uploads/2021/10/LA-County-COVID-19-Tennat-Protections-Landlord-Move-In-POS-10.4.21.pdf

https://dcba.lacounty.gov/wp-content/uploads/2021/10/LA-County-COVID-19-Tennat-Protections-Landlord-Move-In-FAQs-10.4.21.pdf

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