Businesses are slowly reopening across Los Angeles, but unemployment countywide is at a record high of 19.6 percent, and renters are trying to figure out how to pay rent.
In a city where more than 60 percent of households rent, local lawmakers are working to help tenants. The city of Los Angeles has passed a couple of emergency measures to try to thwart evictions, and it’s giving renters time to pay back any rent payments they might miss during the outbreak. It’s also working on developing a cash fund to help qualifying renters pay their rent, but that’s not expected to be up and running until July 1.
For now, here’s a breakdown of what protections are available to renters in the city of Los Angeles, how they work, and what to do if you get an eviction notice.
What does the eviction moratorium do?
The city ordinance says landlords can not evict residential tenants who are unable to pay rent because of loss of income from work, childcare costs related to school closures, healthcare costs, or “reasonable expenditures” related to COVID-19.
The ordinance also halts evictions of renters who have “unauthorized occupants,” such as family members or pets, living with them because of COVID-19. (It covers tenants facing eviction for “nuisance” reasons, like a loud child who’s in the apartment more now that schools are closed.)
There are also protections against two more types of evictions, in addition to nonpayment of rent, including:
- Cases where tenants who have contracted COVID-19 are being evicted for reasons that are not their fault. “No-fault” evictions include instances where a landlord might want to tear down the building or take the unit for a family member.
- Evictions under the California Ellis Act, which owners of rent-controlled buildings invoke when they want to demolish their buildings or remove them from the rental market, have also been halted now and are not allowed to resume until two months after the end of the “local emergency period” we’re in now because of the COVID-19 pandemic.
What about paying rent?
In the city of Los Angeles, tenants who have been impacted by COVID-19 can withhold rent. The ordinance buys you time to make up any missed rent payments, but does not absolve you from paying that rent. (More on that later).
Under a state order, tenants who are unable to pay must let their landlord know in writing within seven days after the rent is due. The LA housing department says it’s best to do that sooner rather than later—even ideally, before the rent is due. The department has sample letters in variety of languages to use for guidance.
If you’re worried about being able to make the full payment, Johnathan Jager of the Legal Aid Foundation of Los Angeles suggests talking to your landlord about your options. Bear in mind that landlords and property owners are also going to be crunched by the wave of people who are suddenly unable to pay rent, he says.
Daniel Yukelson, executive director of the Apartment Association of Greater Los Angeles, says that most property owners will be worried about paying their mortgages, property taxes, and other regular expenses. “I think property owners are going to be willing to work things out with tenants,” Yukelson says.
The housing department’s website has some suggestions for repayment plans that might work for tenants and their landlords, but also notes that tenants and landlords are not required to agree on a repayment plan right now.
Do you have to prove that COVID-19 caused you to lose income?
No. The city does not require tenants to provide their landlord with documentation proving they have been impacted by COVID-19. But the housing is encouraging tenants to hold onto any documentation they might have, in case they receive an eviction notice.
There is no fixed list of accepted types of proof of lost income, but the website for the city’s housing department offers a few examples of documents that could support a renter’s claim: “a letter from the employer citing COVID-19 as a reason for reduced work hours or termination, employer paycheck stubs, or bank statements.”
Can your landlord raise your rent right now?
It depends. The mayor has paused rent increases in rent-stabilized units across the city. The rent-stabilization ordinance covers to buildings built and occupied before October 1, 1978. (Directions for finding out if this applies to your building are here.)
City leaders say they can not freeze rents at buildings that are not rent-controlled until the state takes action.
You will eventually have to pay rent
Angelenos will have 12 months to repay their landlords for missed rent, starting when the mayor’s local emergency period expires on May 15.
The housing department’s instructions indicate that tenants can use the repayment period to repay their landlord all the back rent that’s owed, or they can arrange their own repayment plan with their landlord once the local emergency is over. Landlords are not allowed to charge late fees on repaid rent.
What should you do if you receive an eviction notice?
If you receive an eviction notice that you suspect violates the city law—such as a “notice to pay rent or quit,” which is the first step in the legal process for evictions—file a complaint with the city of Los Angeles Housing and Community Investment Department (HCID), which is handling eviction investigations.
When a complaint has been filed, it will be assigned to an HCID inspector. The inspector will review the documentation the tenant has to prove that their non-payment is related to COVID-19.
If everything is in order and the proof is sufficient, the housing inspector will send the landlord a letter requesting the cancellation of the notice and alert them about the repayment period.
What if your landlord still goes through with the eviction?
The housing department says the first thing you should do is stay in your home. The department will provide “thorough documentation” that can be used to defend the tenant in court, along with referrals to legal representation. The department says it will also “communicate the need for legal assistance” in eviction cases to these tenants.
Eviction cases where tenants have lawyers have been shown to be far more effective at keeping renters in their homes, but the cost of paying for a lawyer deters most renters facing eviction from getting legal representation. Los Angeles was, pre-pandemic, in the process of establishing a service that would offer some no-cost representation to tenants, but it has yet to be implemented.
The housing department says it will prioritize eviction complaints, but while your complaint is being investigated, you should stay in you home, and only leave if you are served with an order from the Los Angeles County Sheriff (which would only happen after the courts had heard the case and the outcome had not been in your favor). Though LA County Superior Court is not actively hearing eviction cases, landlords can still file the paperwork for evictions.
LA’s eviction moratorium isn’t perfect, advocates say
In a city where so many tenants were paying more than 30 percent of their income toward rent before the novel coronavirus caused a citywide shutdown, evictions will be delayed—but not avoided all together, says Elena Popp, an attorney with the Los Angeles-based Eviction Defense Network
Many of her organization’s clients were already living paycheck to paycheck. Even with a year to repay back rent, “we’re just kicking the can down the road,” she says.
Popp throws out a hypothetical: A family of four paying $1,200 for rent misses four months of rent. Now they have to pay back $4,800 over a year, in addition to making their regular rent—an extra cost of $400 a month if they repay in installments over those 12 months.
“For most of these families, an additional $400 a month debt is impossible,” Popp says.
Popp says a “rent forgiveness” plan would likely be needed to truly help people stay in their homes.
Where can you go for help with evictions right now?
Tenants needing help with eviction-related matters, “irrespective of COVID-19,” should contact the housing department to weigh the options and learn about their rights, says spokesperson Sandra Mendoza.
Complaints can be submitted via HCID’s hotline number (1-866-557-7368), or online at https://hcidla.lacity.org/ask-hcidla.
Many tenant advocacy groups are still open and operating, but are not relying on in-person sessions and clinics. Instead, they’re taking phone calls, emails, and communicating via text. A number of groups are transitioning their regular tenants rights clinics to Facebook Live or Instagram.
What additional protections for renters or rental property owners could be coming come in the next weeks or days?
Ralph Jean, director of communications for Strategic Actions for a Just Economy, says his organization wants to the city to enact a rent freeze and give tenants more time to repay rent. It’s part of a coalition called #HealthyLA that is calling for a broader list of protections, including not just a rent freeze, but rent forgiveness and a suspension of mortgage payments.
What about help for homeowners?
Four of the country’s five largest financial institutions have agreed to give California homeowners more time to make mortgage payments.
Wells Fargo, U.S. Bank, JPMorgan Chase, and Citi agreed to waive payments for COVID-19-affected homeowners for 90 days. More than 200 state-chartered banks have agreed to do the same, Newsom said.
Bank of America will give customers only 30 days to catch up on payments.
If you’ve lost your job or seen your income drop dramatically as a result of COVID-19 and your mortgage is federally backed, NPR reports that you may be eligible to have your mortgage payments reduced or put on hold for up to a year. Though that’s only for Fannie Mae or Freddie Mac-guaranteed mortgages right now, but “regulators expect that the entire mortgage industry will quickly adopt a similar policy.”
Comments
So they can still file eviction notices??? What the heck? They should be stopped from filing. I want to hear what the Board of Supervisors passed in regards to this as that is what covers most of us. Most people don’t live "within the city of LA."
By CodyAmore on 03.20.20 5:42pm
LA should lend tenants micro-loans to prevent the stress and bureaucracy of paperwork for the tenant, landlords, and city via evictions. Tenant mirco-loans are a way better approach to this emergency situation.
By Constituents on 03.21.20 2:53am
Exactly.
By GJJ3000 on 03.21.20 4:26pm
They can still evict people.
Covid19 hasn’t stopped tenants from violating their lease, destroying the landlords property, or engaging in criminal activity.
Also if the tenant’s income hasnt been impacted by Covid19, they still need to pay rent.
By RXBXUXNX on 03.25.20 9:27am
Are there really people in L.A. whose income hasn’t been impacted by COVID-19? I tend to doubt it. Even if someone hasn’t been laid off their incomes will still be effected by work hours cut or loss of clients etc.
By Cocomonstr on 04.02.20 10:57am
How about you just pay your rent on time? Can’t do that? Move back in with mommy and daddy until you learn to manage your finances like a big boy or girl. Start your education by googling "emergency fund." Stop looking for others (the government) to rescue your irresponsibility.
By Ty1990 on 03.20.20 6:42pm
Just like the healthcare workers complaining about lack of PPE gear directly to the president.
Business continuity and disaster readiness is the responsibility of your managers, the department, the hospital, hospital chain, city, county, state, FEMA, then president. When all of those levels fail to deliver, that’s when the president needs to get involved.
Sadly, it doesn’t seem like anyone was ready for this in the US.
By Constituents on 03.21.20 2:59am
My business was ready, but we would have been more ready had we had access to the information that the president had two months ago and ignored. I’m sure that our hospital administrators feel the same way.
By Evgenitpants on 03.21.20 8:33am
Ignored? He put together a covid task force in January and tried to suspend travel from travel, and who stopped that from happening?
By hautedawg on 04.01.20 11:25am
Presidential candidate Andrew Cuomo just today closed the playgrounds in NYC. It’s unbelievable that no one in the media has called him out on that. Trump has praised Gavin Newsom more than any other governor because Newsom was first to shut down an entire state. That dipshit governor in FL finally issued a statewide stay at home order about an hour ago.
Trump saved hundreds of thousands of lives banning incoming travel from China back when everyone else said that was racist. 60% of Americans approve of the way the president is handling the CV19 crisis.
By calzada on 04.01.20 11:44am
Any head start we had from that travel ban was totally blown by not providing extensive testing, protective equipment, and all the facts months ago. Granted, much of that was beyond Trump’s control… but the fish stinks from the head.
If the federal government had its shit together, the death toll might’ve been closer to 10k (instead of 100k or more, like the experts are projecting.)
By corner soul on 04.01.20 3:32pm
Why bother?
By LosFeliz$ean on 04.01.20 6:09pm
Hope you’re picking up your own weed instead of having someone deliver. Now’s the time to stop bro.
By calzada on 04.01.20 6:54pm
You mean like they were ready for it in all the other countries?
By calzada on 04.01.20 12:17pm
Yes, I agree that landlords should learn to manage their finances better and if they can’t weather a once in a lifetime, completely unpredictable global pandemic that has completely shut down civil life, they should sell and move back in with Mommy and Daddy.
By Greyvagabond on 03.21.20 10:09am
I see the irony.
By GJJ3000 on 03.21.20 3:55pm
Yes king, we stan!
By Kermit Kardashian on 04.03.20 11:53pm
There are a lot of people in this country who live pay check to pay check, so how do you expect them to have months of savings in the bank? The airlines and several large corporations will run out of cash in a few weeks and they are asking for billions in bail outs from the government. Do you think they were irresponsible spending the last ten years buying back stock, giving fat dividends to stockholders, and awarding obscene CEO compensation? Get off the back of the little guy, Mr. Hard Ass who lives behind a ‘user name’.
By LBOrpheus on 03.24.20 2:07am
Living paycheck to paycheck is the fault of… the person living paycheck to paycheck. See how simple that is? You get what you earn. Want to earn more? Deliver more value.
Your misguided effort to help the "little guy" doesn’t help, that’s the problem which people like you can’t grasp- it only makes it worse.
And yes, the airlines should have had adequate reserves for serious problems- just like your beloved little pet, "the little guy."
By Ty1990 on 03.24.20 10:49am
I would love to hear more about you mean "Want to earn more? Deliver more value."
By darbybby88 on 03.31.20 12:23pm
By Kermit Kardashian on 04.03.20 11:54pm
Does this learn to manage ones finances also apply to farmers DJT bailed out during his trade war with China the last couple of years?
How about all the large corporations and financial institutions receiving massive flows of interest free cash from the Fed and via the bail out legislation>
By Matthew J58 on 04.02.20 11:28am
By Kermit Kardashian on 04.03.20 11:52pm
I have a case where, according the the moratorium, the eviction should still be allowed to proceed, because this isn’t an eviction over non-payment of rent.
Now I’ve read that even if the case proceeds and my client gets a judgment in her favor, the LA Sheriff’s Department has now said they won’t perform lockouts "during the crisis." My client will now be forced to tolerate a subtenant for who knows how long.
By nobody_in_particular on 03.20.20 8:52pm
Court’s closed until at least April 16 for UD. Nobody’s getting evicted for a while.
By LosFeliz$ean on 03.21.20 8:12am