Page 39 - AAGLA-MAR 2022

Member Update
Los Angeles County Extends Eviction Moratorium and Rent Increase Freeze: Lone Board Supervisor
OStands in Opposition
Kathleen Barger Opposes Extending Protections for Rent Nonpayment: “No Way”
n January 25, 2022, Los Angeles County Supervisor Kathryn Barger stood alone in voicing her strong opposition to a motion passed, by a vote of 4-1, by the Los Angeles County Board of Supervisors to extend and expand the COVID-19 eviction moratorium through 2023.
The plan establishes two phases. In Phase 1 (February 1, 2022 – May 31, 2022), all prohibitions on evictions are maintained, covering no-fault reasons with limited allowances for owner move-in, nuisance, unauthorized occupants or pets, and denial of entry to the housing provider. Starting on April 1, 2022, the most significant change to occur will be the return of the County’s ban on evictions for non-payment of rent due to COVID-19 financial hardship for rent incurred on or after April 1, 2022. The County has been preempted under State Law Assembly Bill 832 (which expires on March 31, 2022) from instituting prohibitions on eviction based on non-payment of rent.
Since October 1. 2021, rental housing providers in unincorporated sections of Los Angeles County and certain incorporated sections lacking eviction protections as strong as those of the County have been able to pursue evictions over non-payment of rent, with one important caveat: State law continues providing eviction protections to those renters who had applied for rental relief funds and have outstanding applications.
Then on June 1, 2022, Phase II of the County’s plan will begin through the end of the year, and the prohibition on eviction for non-payment of rent will only apply to renter households earning up to 80% of the area’s median income, which is approximately $94,000 per year. During Phase 2, prohibitions on evictions based on nuisance, unauthorized occupants or pets and no-fault with some further lifting of requirements for owner move-in remain in place for all County renters. The prohibition on eviction based on denial of entry to the housing provider are lifted except where the entry constitutes harassment. The County’s rent increase freeze which applies to rent stabilized units in the County’s unincorporated areas only remains in effect during both Phase 1 and Phase 2.
In a press release by lone opposing Board Supervisor, Kathryn Barger stated: “The bottom line is public health
experts are advising that we are not going to have to return to measures that restrict people from being able to work. By voting to continue the eviction moratorium, we are legislating for the exception, not the norm. We are creating rules purely in anticipation of a scenario that is highly unlikely. This is bad policy.” She noted the current 78% full vaccination rate among Los Angeles County residents, the availability of boosters and the widespread opening of all economic sectors as proof that the County is “effectively living with COVID-19.” Supervisor Barger also cited the upcoming 2022 Super Bowl at SoFi Stadium, which is expected to bring in considerable local revenue, as proof that the County has achieved a level of normalcy and should not impose emergency economic protections.
Rental property owners also expressed their dismay and frustration with the County’s decision to extend the eviction moratorium. “The supposed ‘interim’ emergency measures imposed by the county have gone on way too long and must now be replaced with long-term, workable solutions based on our situation that is in existence today,” said Daniel Yukelson, Executive Director of the Apartment Association of Greater Los Angeles. In addition, “No other business sector has been forced to do what we’ve had to do for almost two years now – renters don’t even have to present any proof of financial hardship,” said Diane Robertson, co-founder of the Coalition of Small Rental Property Owners. “The decision to extend this moratorium totally disregards us landlords who are just like our renters. We live in the same communities, many times in the same rental properties. We rely on our rental income to live. What kind of protections and support are available to us?”
Supervisor Barger read in a separate motion in response to the Board’s extension of the eviction moratorium, co- authored by Supervisor Janice Hahn, to offer landlords financial support. The motion explores the feasibility of forgiving property tax payments for landlords who are unable to collect rent from tenants. “It has become clear to me that our County does not have enough skin in this game,” Barger said. “This Board is asking landlords to shoulder a burden for those who have been impacted by COVID-19. We should also be willing to bear the same burden.” According to a statement released by the Apartment Association of Greater Los Angeles, “We thank Supervisor Kathryn Barger for standing alone in support of the County’s housing providers and advocating for more balanced, long-term solutions.”
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