Los Angeles City Council Approves Recommendations on End to Moratoriums
City’s Eviction Moratorium to End on January 31, 2023, As Rent Increase Freeze Remains in Place for Additional 12 Months Thereafter
Next Steps: Ordinances to Be Drafted
The Association has consistently and strongly advocated for the City of Los Angeles to bring an end to the City’s moratoriums on evictions and rent increases that have remained in place for far too long, since 2020.
This Tuesday, October 4th, the Los Angeles City Council approved recommendations to end the City’s eviction moratorium on January 31, 2023, with some exceptions. While the City’s eviction moratorium will generally end on January 31, 2023, the City’s moratorium on rent increases will remain in effect for 12 additional months following the end of eviction moratorium, through January 31, 2024.
During Tuesday’s meeting, several City Council members spoke to the Council’s actions at the beginning of the pandemic and that it is time to move forward responsibly, with some City Council members also acknowledging the severe impact on rental housing providers.
The recommendations approved by the City Council were primarily the recommendations that had been previously approved by the City’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment. During the City Council meeting, six amending motions to the Ad Hoc Committee’s recommendations were advanced by City Council members. Four of the six motions were approved. Unfortunately, a motion advanced by Councilmembers Lee and Buscaino, that would have enabled rental housing providers to resume annual rent increases for RSO rental units in 2023 and to recoup foregone rent increases from the last several years was not approved. Due to our strong advocacy efforts, Councilmembers Raman and De Leon’s, attempt to push back the date for ending the eviction moratorium and related timelines to February 28, 2023 also failed.
Thank you to everyone that participated in the City Council meeting, shared your personal experiences and hardships, reached out to City Council members, and/or submitted comments. Your advocacy is so important and must continue through the remaining stages of the process, as the related ordinances are drafted, and numerous reports are compiled for the City Council’s consideration.
Summarized below are some of the approved recommendations on the end of the moratoriums and other matters, we encourage members with properties in the City of Los Angeles to review the full details of the approved recommendations.
To review the approved recommendations including the approved amending motions, please click on the buttons below:
Ad Hoc Recommendations Amending Motions
Generally, the City’s eviction moratorium was adopted in 2020 and prohibits evictions for non-payment of rent if the renter is unable to pay rent due to circumstances related to the COVID-19 pandemic, for no-fault reasons, based on the presence of unauthorized occupants or pets, or nuisance related to the pandemic. In addition, owners are prohibited from Ellis Act removals until 60 days after the expiration of the local emergency.
Due to the City Council’s recent actions, the following recommendations have been approved, as listed below. The related proposed ordinances will be drafted and will be subject to City Council consideration and vote.
Eviction Moratorium Expiration:
January 31, 2023, with some exceptions.
Prohibition on Eviction Due to Non-payment of Rent:
Beginning on December 1, 2022 through January 31, 2023, renters will be required to notify housing providers within seven (7) days after the rent is due, that they are unable to pay rent due to COVID-19 financial impacts. While renters are encouraged to provide such notice in writing, written notice is not required. This means that if a renter does not provide notice, the renter can be evicted for failure to pay rent due on or after December 1, 2022.
**It is important to note that the renter notice requirement allows for extenuating circumstances stating, “unless extenuating circumstances exist that prevented the Tenant from providing timely notice, including but not limited to the Tenant’s illness or the illness of a family member for who the Tenant is providing care.”
Prohibitions on Evictions Based on No-Fault Reasons, Unauthorized Pets and Additional Occupants, Nuisance, Demolition or Ellis Act Removals:
The approved recommendations provide the expiration of these prohibitions on January 31, 2023 with several noted exceptions for the lifting of these eviction prohibitions dependent on the circumstances. Listed below are some of the exceptions.
- Evictions to demolition or Ellis Act removals cannot be enforced until 60 days after January 31, 2023, the expiration of the eviction moratorium.
- Evictions to place a resident manager in the unit would only be permitted if having an onsite manager is required by law or to comply with the terms of an affordable housing covenant agreement, unless a notice of intent to withdraw units from the rental housing use was submitted to the City’s Housing Department before the start of the local emergency.
In addition, it is anticipated that the draft ordinance will provide that evictions based on the presence of unauthorized pets and/or occupants cannot be enforced until after January 31, 2024 and after the housing provider has provided a 30-day notice for the renter to remedy the situation.
Rent Repayment Periods:
The following rent repayment periods have been established:
- For rental debt accrued from March 1, 2020, through September 30, 2021 – Renters have until August 1, 2023, to pay the unpaid deferred rent due.
- For rental debt accrued from October 1, 2021, through January 31, 2023 – Renters have until February 1, 2024, to pay the unpaid deferred rent due.
It is important to note that COVID-19 rental debt is considered consumer debt and as a result renters cannot be evicted for unpaid COVID-19 debt.
Rent Increase Freeze
In 2020, the City Council also adopted a moratorium on rent increases (a/k/a, “rent increase freeze”) which prohibits rent increases on rent stabilized units until one year following the end of the local emergency.
Rent Increase Freeze Expiration:
Rental housing providers will be permitted to resume issuing annual allowable rent increases on rent stabilized rental units, twelve months after January 31, 2023, with proper notice.
Permanent Rental Housing Policies – Expansion of “Just Cause” Eviction to Non-RSO Rental Units
The City Council also approved recommendations and directed the City Attorney to draft an ordinance expanding the City’s “Just Cause” eviction requirements to non-RSO (Rental Stabilization Ordinance) units inclusive of relocation fees, and numerous reports on a range of issues.
The Association will continue to monitor these issues closely as the draft ordinances are posted, strongly advocate for our members interests and provide timely updates.
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.