West Hollywood Extends Temporary Residential Eviction Moratorium Through March 31, 2021

At the January 19th City Council meeting, the West Hollywood Council extended the Residential Eviction Moratorium through March 31, 2021, resulting in a yearlong moratorium. The City’s expansive moratorium provisions are extremely limiting, only allowing for an unlawful detainer action based on one of the following:

1. Non-payment of rent only if not due to COVID-19 financial impacts.
2. Use of the rental unit by a renter for an illegal purpose and has failed to correct the condition after being given notice and an opportunity to cure.
3. Where the renter has created and is maintaining a dangerous and unsanitary condition and has failed to correct the condition after being given notice and an opportunity to cure.
4. The eviction is necessary to address an imminent and objectively verifiable threat to the health and safety of a member of the renter’s household or other residents of the rental property.

Under the above items 2-4, the moratorium specifies that the notice must be in writing to the renter and the City and must describe in detail the nature of the condition, the reason eviction is necessary, and the steps taken by the owner to avoid eviction. The ordinance also allows the City Manager to request additional documentation supporting the existence of the condition warranting the termination of the tenancy and the renter’s failure to cure. Pursuant to the ordinance, the City may also order suspension of the eviction process if the City Manager determines that suspension is necessary in order to prevent abuse of this ordinance, with the purpose of the ordinance being to prohibit residential evictions during the period of a health pandemic except in limited circumstances. there is also an appeal process for any such determinations.

As it relates to the prohibitions on evictions for non-payment of rent due to financial impacts of COVID-19, this matter is subject to Assembly Bill 3088, which the Council anticipates will be extended prior to its expiration on January 31, 2021. The Council expressed concern relative a gap period, should the State Legislature not extend the provisions of the State law and provided that if that circumstance should arise, the City Manager would be authorized to issue an emergency order pending Council action at the February 1st City Council meeting.

Prior to the meeting, the Association submitted a letter to the Council calling for the Council to seek a path forward and long-term solutions that serve the needs of both rental housing providers and renters and not to simply continually advance interim measures. We expressed continued opposition to the broad-based prohibitions and related requirements on housing providers in evicting renters engaging in disruptive and potentially dangerous activity.

If you have questions regarding your property or specific tenancies and the applicability of the West Hollywood Eviction Moratorium, please consult with an attorney.

We will continue to monitor this matter, advocate for our members interests and provide updates.