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Yes, you read that correctly...Parts of the Los Angeles County eviction moratorium has been extended through June 30, 2023! This, despite the economy and businesses being open. Landlords must continue to pay their taxes and bills and make timely repairs to their rental property. The many landlord obligations do not end.
In Phase I, existing protections will remain as-is, except non-paying tenants will gain more protections beginning April 1, 2022, as discussed below. In Phase II, landlord will get some additional rights to terminate tenancies for owner move-ins (expanding on existing owner move-in evictions), but strict requirements for owner move-in evictions must still be satisfied and will be discussed below. Evictions for the tenant denying access can move forward during Phase II. Under Phase II, a landlord may still not evict a tenant for nuisance, unauthorized occupants, or pets. For non-payment cases, the protections are limited to households with income at or below 80% of the Area Median Income, but tenants can self-certify their income level and do not need to provide any proof to the landlord. In Phase III, non-payment protections for tenants at or below 80% of the AMI will continue, but all other eviction protections will be lifted, “unless the Board considers options for extending eviction protections for tenants who have had to house unauthorized occupants or pets.”
NON-PAYMENT OF RENT
Tenants will continue to be protected from eviction for failure to pay rent if the reason is COVID-related (no proof of COVID impact is needed). Non-payment protections for tenants are being increased (yes, increased!) beginning April 1, 2022, when state law protections expire. Los Angeles County has decided to increase tenant protections, despite the economy and businesses being open. No similar protections apply at the state level or in other nearby counties. It’s not a good time to be a landlord in Los Angeles County and many landlords have decided to stop being landlords in the county for this very reason, which will ultimately result in long-term disadvantages to the county economy and housing generally.
Between February 1, 2022, and through March 31, 2022 (the first part of Phase I), the County follows the state rules relating to non-payment of rent. Beginning April 1, 2022, and through May 31, 2022 (the second part of Phase I), a tenant in Los Angeles
County may not be evicted for non-payment of rent, late charges, interest, or any other fees accrued if the tenant shows an inability to pay due to COVI􏰀-1􏰁, and the tenant has provided notice to the landlord within seven days after the date that the amount became due, unless extenuating circumstances exist, that the tenant is unable to pay. The tenant’s “proof” of inability to pay is nothing more than a self-certification.
As you can see from the italicized language, it is very easy for a tenant to be untruthful and there is little to nothing that a landlord can do about it. Even though the language says a tenant is supposed to notify a landlord that they cannot pay due to COVID within seven days of the rent being due, in actuality that is not the case. A tenant need only claim an extenuating circumstance for not notifying the landlord of their inability to pay, and then the tenant is excused from this requirement. Further, landlords are required to accept a tenant’s self- certification that the reason for not paying is due to COVID. A landlord is barred from requesting documentation/proof and must take tenant’s word for it. These “outs” have provided and continue to provide tenants with the ability to easily misuse the Los Angeles County eviction moratorium. These non-payment protections apply to all residential renters regardless of income.
Beginning June 1, 2022, and continuing through December 31, 2022 (Phase II), the non-payment protections found in the Los Angeles County eviction moratorium are slightly reduced. A residential tenant whose household income is at 80% of the Area Median Income (AMI) or below and who is unable to pay due to COVID is protected from eviction if the tenant provides notice to the landlord as discussed above and self-certifies 1) their income level, and 2) their financial hardship. Again, the tenant is not required to provide any documentation or proof to establish either their income level or their financial hardship and how it is related to COVID. If the household income is above 80% of the AMI, the non-payment protections will no longer apply after June 1, 2022. However, and to reiterate, a tenant need only self-certify their income and the landlord cannot ask for proof.
During Phase III, non-payment protections, including self-certification, for renters earning 80% of the AMI or below will continue, but all other eviction protections would end at the end of Phase II.
APARTMENT MANAGEMENT MAGAZINE - MARCH 2022 CS-13