This article is written by Danielle Leidner-Peretz from AAGLA

This article is for informational purposes only.  If you have any questions about the resolution and its applicability to your properties or specific tenancies, please consult with an attorney.

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On Tuesday, September 28^th, the Los Angeles Board of Supervisors adopted a resolution which extended and renamed the countywide eviction moratorium to “COVID-19 Tenant Protections”.  While the latest resolution does not extend the prohibition on evictions based on non-payment of rent, it continues to extend other eviction prohibitions.

Based on the Statewide Eviction Moratorium, Assembly Bill 832, which expired on September 30, 2021, the Association has and continues to believe that the County is preempted by State law, from extending any portion of the County’s COVID-19 moratorium provisions prior to April 1, 2022.

The Los Angeles County Board of Supervisors acknowledged that “the County is preempted under the State’s new eviction statute, through March 31, 2022, from enacting new or amending existing protections for residential tenants related to nonpayment of rent due to COVID-19.”  However, the Board contends that it continues to have the authority to extend other eviction prohibitions contained within the County’s moratorium. (Again, we disagree that the County can extend these other provisions.)

Founded upon that rationale, the County’s latest resolution does not prohibit evictions of residential renters due to non-payment of rent but continues to prohibit the following types of evictions and provides renters with an affirmative defense against such evictions in the incorporated cities and unincorporated areas of Los Angeles County based on:

• Nuisance
• Unauthorized Occupants or Pets whose presence was necessitated by or related to the COVID-19 emergency
• Denial of entry to the unit – where the renter denied entry to the rental unit to owner under certain circumstances
• No-fault evictions with limited exceptions for owner/owner-relative move-in to their single-family homes, condominium unit, duplex, or triplex under very limited circumstances.

The resolution also continues to include renter anti-harassment provisions.  Additionally, the County’s resolution extends the rent increase freeze applicable to the unincorporated areas of the County.  To review the resolution details, please click on the text below:

RESOLUTION