L.A. City Passes New Extreme Damages for Claims of Harassment
Editorial News Alert
L.A. City Passes New Extreme Damages for Claims of Harassment
By Janet M. Gagnon,
Senior Vice President, Government Affairs & External Relations
On November 6th, the Los Angeles City Council voted unanimously to make extreme revisions to the existing Tenant Anti-Harassment Ordinance (TAHO). The ordinance now requires mandatory damage awards equal to TRIPLE compensatory damages, including for mental and emotional distress, and civil penalties of no less than $2,000 PER VIOLATION. These changes will go into effect once Mayor Bass signs the ordinance, which must occur by November 18, 2024.
AAGLA’s Opposition and Strong Advocacy Efforts
AAGLA zealously opposed these changes and argued that such extreme mandatory damages awards will result in the creation of a literal “Cold War” between rental housing providers and their renters. Owners will no longer feel comfortable speaking with their renters to settle common issues, including late payment of rent, access to units for repairs, and disputes between renters for fear of being wrongfully accused of harassment and facing costly damage awards for a simple mishap or out of court settlement based upon an unfounded claim.
It is no wonder that Council Member Eunisses Hernandez, a Democratic Socialist of America member, was the author of these new radical damage awards that will destroy many private property owners. What is surprising is the support she received for such actions by the rest of the City Council, excluding only Council Members Monica Rodriguez, John Lee, and Traci Park who vocally opposed and voted against her amendment.
AAGLA also urged the City Council to consider removing the mandatory nature of these new penalties to allow judges to make informed decisions based on the facts presented in each case, including the owner’s ability to pay. As we know, an amount seen as a cost of doing business by a multinational corporation would likely wreck financial destruction of mom-and-pop owners. Unfortunately, the City Council refused to accept these facts and instead chose once again to act as if all owners as presumptively guilty of being bad actors deserving of the most severe and destructive penalties.
In addition to these astronomical mandatory damage awards, the revisions also include a new prohibition against owners asking renters about their criminal history.
Unfortunately, AAGLA was the sole organization speaking out against these extreme damage awards and new prohibition on screening convicted criminals with no owners who spoke against them and very few who sent emails to the City Council opposing them. In strong contrast, there were dozens of tenant activists, renters, and legal aid societies that spoke in support of these drastic changes.
Until rental housing providers speak out for themselves and share their stories of how these horrific policies damage their ability to provide safe, affordable housing and resolve disputes in an amicable manner, the City Council will continue to wrongfully assume that these extreme, mandatory punishments are warranted.
Please, always invest a small amount of time to voice your concerns to the City Council directly via emails or phone calls. It is your personal story that has a major impact. We need your voice to win!
This article is for informational purposes only. If you have any questions regarding your property or specific tenancies and the requirements of any local law changes described herein, please consult with an attorney.