Frequently Asked Questions
COVID-19 Tenant Protections
WHAT IS THE COUNTY’S COVID-19 TENANT PROTECTIONS RESOLUTION?
The County’s COVID-19 Tenant Protections Resolution (formerly the LA County Eviction Moratorium), which went into effect March 4, 2020, extends certain protections to residential and commercial Tenants affected by the COVID-19 pandemic in Los Angeles County. On January 25, 2022, the Los Angeles County Board of Supervisors voted to extend the COVID-19 Tenant Protections Resolution through December 31, 2022, unless repealed or further extended by the Board.
WHAT SHOULD RESIDENTIAL AND COMMERCIAL TENANTS KNOW ABOUT THE UPDATED PROTECTIONS?
The updated COVID-19 Tenant Protections Resolution includes two phases which incorporate both extensions and lifting of some existing eviction protections as shown below:
NEW: Effective July 1, 2022, Low-Income Tenants Protected for Nonpayment of Rent
Tenant households with income at or below 80% Area Median Income (AMI) due to COVID-19 financial hardship and unable to pay rent beginning July 1st may be protected from eviction. Income limits are established by the California Department of Housing and Community Development guidelines. (effective May 13, 2022). To qualify, tenant household incomes cannot exceed the amounts listed below:
Qualifying tenants must provide notice to the landlord within 7 days of rent being due.
Please note: The County’s COVID-19 Tenant Protections Resolution does not cancel or stop the rent from being owed, or stop the accumulation of rent that is owed during the protections period. Tenants should pay if they can and are encouraged to work out a payment plan with their landlord during and after the termination of the COVID-19 Tenant Protections Resolution.
FOR COMMERCIAL TENANTS
As of February 1, 2022, Commercial Tenants are no longer protected from eviction due to nonpayment of rent. Commercial Tenants will have the following time to repay past due rent from March 2020-January 2022: Twelve (12) months for those with 0-9 employees; Six (6) months for those with 10-100 employees in equal installments.
While eviction protections for nonpayment of rent are expiring, anti-harassment and retaliation protections will continue during the protection period, as well as personal guarantee protection for smaller (0-9 employees) commercial tenants.
UNDER WHAT CIRCUMSTANCES CAN A LANDLORD EVICT A TENANT TO MOVE INTO A PROPERTY UNDER THE COUNTY’S COVID-19 TENANT PROTECTIONS RESOLUTION?
Under Phase I (February 1, 2022 – May 31, 2022) of the COVID-19 Tenants Protection Resolution, a landlord or a qualifying family member can move into a single-family home, mobilehome space, condominium unit, duplex, or triplex (collectively “units”) if the property was purchased on or before June 30, 2021, and if they meet the following criteria:
- The Landlord or Landlords qualifying family member must physically reside at the property for at least thirty-six (36) consecutive months;
- The Tenants of the unit must be current on rent payments and not have been impacted by COVID-19;
- The Landlord or Landlords qualifying family member must be similarly situated to the Tenant currently occupying home;
- The Landlord must provide at least sixty (60) days’ notice to Tenant
- 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.
Please note that effective June 1, 2022, the property purchase date (June 30, 2021) and the requirement for tenants impacted by COVID-19 for Owner Move-Ins are lifted under Phase II (June 1, 2022- December 31, 2022) of the COVID-19 Tenant Protections Resolution.
Landlords will need to use the following forms as part of the process to evict the tenant(s) and provide notice to the Department of Consumer and Business Affairs:
WHAT IF MY LANDLORD STILL TRIES TO EVICT ME?
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.
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 unpaid rent accrued during the protections period due to COVID-19 related financial hardship.
Who is covered by the County’s COVID-19 Tenant Protections Resolution?
The COVID-19 Tenant Protections Resolution applies to residential tenants, commercial tenants and mobilehome space renters in unincorporated Los Angeles County, as well as cities in the County that do not have a moratorium in place. It also established the County’s temporary emergency tenant protections as the baseline for all incorporated cities within the County. This includes incorporated cities that have their own local eviction moratoria, to the extent the city’s moratorium does not include the same or greater tenant protections as the County’s COVID19 Tenant Protections Resolution. Please contact your city or call DCBA at 800-593-8222 for more information.
How do I know if I am in an unincorporated area of Los Angeles County?
To find out if a property is in an unincorporated area of Los Angeles County, visit the Los Angeles County Registrar-Recorder/County Clerk website https://lavote.net/apps/precinctsmaps and select “District Map Look Up By Address”.