Page 84 - AAGLA-MAR 2022
P. 84
Legal
Continued from page 83
eviction protections if they met repayment requirements and applied for the state’ rent relief program. Please visit: http://www.housing.ca.gov for more information.
What is the deadline to repay all rent due upon the expiration of the COVID-19 Tenant Protections Resolution?
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. Commercial Tenants will have the following time to repay past due rent from March 2020-January 2021: Twelve (12) months for those with 0-9 employees; Six (6) months for those with 10-100 employees in equal installments.
Can a Landlord evict a Tenant to move into a Property while the COVID-19 Tenant Protections Resolution is in place?
A landlord or a qualifying family member can move into a single-family home, mobile home space, condominium unit, duplex, or triplex (collectively “units”) through Phase I (through May 31, 2022) of the COVID-19 Tenant Protections Resolution if the property was purchased on or before June 30, 2021 and they meet the following criteria: (i) The Landlord or Landlords qualifying family member must physically reside at the property for at least thirty-six (36) consecutive months; (ii) The Tenants of the unit must be current on rent payments and not have been financially impacted by COVID-19; (iii) The Landlord or Landlords qualifying family member must be similarly situated to the Tenant currently occupying home; (iv) The Landlord must provide at least sixty (60) days’ notice to Tenant; (v) 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.
Note: Phase II of the COVID-19 Tenant Protections Resolution (June 1, 2022 - December 31, 2022) removes the purchase date (June 30, 2021) requirement and the requirement that tenants not be financially impacted by COVID-19, effective June 1, 2022, for Owner Move-Ins. For more information on Owner Move-In requirements, contact the Los Angeles County Department of Consumer and Business Affairs (DCBA) at 800-593-8222.
What if a landlord violates a condition of the COVID-19 Tenant Protections Resolution?
Landlords are prohibited from harassing or intimidating Tenants that exercise their rights under the COVID-19 Tenant Protections Resolution and may be subject to administrative fines and penalties for violating this provision. Tenants, or a representative acting on behalf of the Tenant, may sue a landlord in court for violations of the COVID-19 Tenant Protections. Additionally, the County or
State protections, or a combination of these may provide an affirmative defense if a Tenant is served with an unlawful detainer (formal eviction notice) or is facing other civil actions for failure to pay back rent due to financial impacts from COVID-19.
What should a Tenant do if they receive an eviction notice from a Landlord?
It is important to seek legal assistance in responding to any eviction or “Unlawful Detainer” action filed by a Landlord. Tenants that receive an eviction notice should immediately contact Stay Housed LA to see if they qualify for free legal assistance, and for help understanding their rights, responding to notices, short-term rental assistance, and/or access to other resources by visiting www.stayhousedla.org or calling DCBA at (800) 593-8222 for more information. Tenants are not required to leave their units unless they are served with a five (5) Day Notice to Vacate from the Sheriff’s Department.
Who can Tenants and Landlords contact for more information on the County’s COVID-19 Tenant Protections Resolution?
If you have questions or need assistance, please contact DCBA at (800) 593-8222 or visit RENT.LACOUNTY.GOV.
kwcommercial
84 MARCH 2022 • WWW.AAGLA.ORG