By Michael Brennan, of Brennan Law Firm
Eviction Moratorium is extended again. This time the extension is broken into three diminishing phases, with the last one ending June 30, 2023, unless extended again.
First and foremost, the L.A. County eviction moratorium applies to all rental properties both within unincorporated areas of the County and any incorporated areas that are under less restrictive or no COVID-related tenant protections. The freeze on rent increases applies only to properties within the unincorporated areas of L.A. County that are under the County’s Rent Stabilization ordinance. There are three Phases:
Phase 1: February 1 – May 31
Prohibitions on Evictions and Increases:
- No “no-fault” evictions except if an owner wants to move into a single-family home, duplex or triplex, but ONLY IF the purchased the property prior to June 2021. A no-fault eviction is where a tenant has not violated their lease but the owner still wants to recover the unit for remodel, to live in it themselves, or a myriad of other reasons.
- There are no evictions allowed if a tenant is a nuisance and may be disturbing the quality of life of other residents or for refusing allow an owner to enter a unit, which is often necessary to make repairs or when a tenant is a hoarder.
- Also, there are no evictions allowed for bringing in extra occupants or pets in violation of a lease.
- Finally, starting April 1st, owners cannot evict for non-payment of rent. Tenants merely have to “self-certify” that they are impacted by COVID and cannot pay rent – no proof of any kind is required.
- On top of all this, no rent increases are permitted for properties subject to the County’s rent stabilization ordinance.
- Tenants merely need to “self-certify” they are impacted by COVID and qualify for these protections, and
Phase 2: June 1 – December 31, 2022
Continued Prohibition of Evictions and Increases:
- More of the same with a couple of minor modifications:
- The requirement that a property has to be purchased on or before June 2021 is removed, so owners can move into their properties and evict their tenants if they own 3 or fewer units
- Eviction protections for non-payment for only those tenants making 80% area mean income or less
- However, protections for nuisance, unauthorized occupants and pets, and non-payment for qualified renters still exists.
- However, in this phase, tenants can be evicted if they refuse to allow an owner access to their unit unless they claim harassment, which can be any unfounded allegation.
- And, of course, no rent increases are permitted still for properties under the County’s rent stabilization ordinance.
Phase 3: January 1, 2023 – June 30, 2023
- Only protections for non-paying tenants at or below 80% area median income will remain, but the Board could decide to add additional protections at a later time.