Stronger Temporary Eviction Protections for More of Los Angeles County

On April 14, 2020 the Board of Supervisors for the County of Los Angeles significantly expanded the scope of COVID-19 related eviction restrictions. Whereas a prior executive order applied only to unincorporated areas in Los Angeles County, the April 14, 2020 order extends to all incorporated cities within Los Angeles County that do not already have a local eviction moratoria in place.     

The new order, which is in effect until May 31, 2020, implements the following temporary eviction controls. A landlord may not evict a tenant based on:

• “No-fault” grounds, unless necessary for health and safety reasons;

• The presence of unauthorized occupants, pets, or nuisance related to the COVID-19; or

• Non-payment due to financial impacts related to COVID-19.

“Financial impacts” means “substantial loss of household income or loss of revenue or business for commercial tenants due to business closure, loss of compensable hours of work or wages, layoffs, or extraordinary out-of-pocket medical expenses.” Financial impacts are “related to COVID-19” if they are the result of any of the following:

• Suspected or confirmed case of COVID-19, or caring for a household or family member who is suspected or confirmed with COVID-19;

• Lay-off, loss of hours, or other income reduction resulting from business closure or other economic or employer impacts of COVID-19;

• Compliance with a recommendation from the County’s Health Officer to stay home, self-quarantine, or avoid congregating with others during the state of emergency;

• Extraordinary out-of-pocket medical expenses related to diagnosis and testing for and/or treatment of COVID-19; or

• Child care needs arising from school closures related to COVID-19.

Tenants have 12-months following the end of the Moratorium Period (3/4/20 – 5/31/20) to pay the amounts unpaid due to COVID-19.

During the Moratorium Period a landlord cannot charge interest or late fees on unpaid rent during the Moratorium Period, or attempt to collect any interest and late fees incurred during the Moratorium Period following the termination of the moratorium.

Nicholas Kanter is a Shareholder in our Real Estate, Litigation and Employment Practice Groups.

This information provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact or situation.