Page 57 - AAGLA-MAR 2022

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The “temporary” Los April 1, 2022, as discussed below. In Phase II, landlord will
Angeles County eviction moratorium has been extended again and this time, many parts of the moratorium will remain in effect for all of 2022 and even into 2023! The Board of Supervisors has expanded the eviction moratorium and encouraged incorporated cities to create permanent
rent control that would take over once the so-called “temporary” Los Angeles County eviction moratorium expires. The Board has created a three-phase plan to end the protections unless the Board decides to extend/modify the moratorium again in the future.
Where Does the Los Angeles County Eviction Moratorium Apply? Does Your Rental Property Fall Within its Jurisdiction?
The Los Angeles County moratorium applies in unincorporated areas of Los Angeles County, and, effective September 1, 2020, it also applies in incorporated cities if the city does not have its own moratorium that is at least as restrictive as the county moratorium. The Los Angeles County moratorium is meant to provide uniform, minimum standards protecting tenants. The moratorium applies to all residential rental properties regardless of whether the property is a single-family residence, duplex, apartment complex, etc.
Los Angeles County Eviction Moratorium Three-Phase Plan
The Los Angeles County Board of Supervisors decided to create a three-phase plan dealing with the eviction moratorium and how it will eventually end. Critical dates are outlined directly below and will be discussed in more detail throughout this article.
• Phase I: February 1, 2022 through May 31, 2022
• Phase II: June 1, 2022 through December 31, 2022
• Phase III: January 1, 2023, through June 30, 2023
Yes, you read that correctly...Parts of the Los Angeles County eviction moratorium has been extended through June 30, 2023! This, despite the economy and businesses being open. Landlords must continue to pay their taxes and bills and make timely repairs to their rental property. The many landlord obligations do not end.
In Phase I, existing protections will remain as-is, except non-paying tenants will gain more protections beginning
get some additional rights to terminate tenancies for owner move-ins (expanding on existing owner move-in evictions), but strict requirements for owner move-in evictions must still be satisfied and will be discussed below. Evictions for the tenant denying access can move forward during Phase II. Under Phase II, a landlord may still not evict a tenant for nuisance, unauthorized occupants, or pets. For non- payment cases, the protections are limited to households with income at or below 80% of the Area Median Income, but tenants can self-certify their income level and do not need to provide any proof to the landlord. In Phase III, non- payment protections for tenants at or below 80% of the AMI will continue, but all other eviction protections will be lifted, “unless the Board considers options for extending eviction protections for tenants who have had to house unauthorized occupants or pets.”
Non-Payment of Rent
Tenants will continue to be protected from eviction for failure to pay rent if the reason is COVID-related (no proof of COVID impact is needed). Non-payment protections for tenants are being increased (yes, increased!) beginning April 1, 2022, when state law protections expire. Los Angeles County has decided to increase tenant protections, despite the economy and businesses being open. No similar protections apply at the state level or in other nearby counties. It’s not a good time to be a landlord in Los Angeles County and many landlords have decided to stop being landlords in the county for this very reason, which will ultimately result in long-term disadvantages to the county economy and housing generally.
Between February 1, 2022, and through March 31, 2022 (the first part of Phase I), the County follows the state rules relating to non-payment of rent. Beginning April 1, 2022, and through May 31, 2022 (the second part of Phase I), a tenant in Los Angeles County may not be evicted for non-payment of rent, late charges, interest, or any other fees accrued if the tenant shows an inability to pay due to COVID-19, and the tenant has provided notice to the landlord within seven days after the date that the amount became due, unless extenuating circumstances exist, that the tenant is unable to pay. The tenant’s “proof” of inability to pay is nothing more than a self-certification.
As you can see from the italicized language, it is very easy for a tenant to be untruthful and there is little to nothing that a landlord can do about it. Even though the language says a tenant is supposed to notify a landlord that they cannot pay due to COVID within seven days of the rent being due, in actuality that is not the case. A tenant need only claim an extenuating circumstance for not notifying the landlord of their inability to pay, and then the tenant is excused from this requirement. Further, landlords are required to accept a tenant’s self-certification that the reason for not paying is due to COVID. A landlord is barred from requesting
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