Eviction Moratorium Update
Posted on June 11, 2021 at 11:28 pm | REAL ESTATE INVESTORS
When SB-91 expires, landlords will be required to adhere to the local or county moratoriums.
Los Angeles City Moratorium: Landlords cannot evict for non-payment of rent (unless landlord has good reason believe the breach for non-payment ’cause’ is non-COVID-related). Landlord cannot evict for un-authorized occupants/pets, but can evict for Non-COVID related nuisances (criminal activity). Landlords can implement a rent increase for non-RSO properties in the city of LA.
Los Angeles County Moratorium: Ability to evict is still limited: Landlord can evict for non-payment of rent(no cause evictions prohibited) and breaches of the lease such as unauthorized modifications as well as denial of entry for maintenance that affects health & safety of the unit in question or a neighboring unit; however, a landlord cannot evict for failure to allow access for other than health & safety (that includes tenant denying access to an owner showing a unit or dwelling to a prospective purchaser).
The County of LA only controls unincorporated areas. Owners of local jurisdictions other than city of LA should refer to that city’s ordinance or moratorium if applicable. If the local moratorium has expired, laws under SB-91 are binding.
SB-91: When SB-91 Expires, local municipalities will have the legal authority to adopt a new moratorium for their jurisdiction (some areas are already discussing this)
- There is possible legislation being proposed to make homelessness a protected class that could make a denial of a rental application based solely on the fact an applicant has no rental history due to being displaced discriminatory.
- Anti-Harassment Legislation forthcoming (more on this in a future blog)
- Low-Income/Affordable housing Legislation forthcoming (more on this in a future blog)
- There is a ‘Trailer Bill’ being floated in Sacramento that is believed to entail an extension of SB-91 to the end of September of this year and extension could be delayed until January 2022.
- There are several lawsuits ongoing against the County of LA brought by attorneys of the Apartment Association Greater LA. There is a pending suit against the City of LA (a plaintiff is needed to file this lawsuit.)
Disclaimer: The information provided here is for general informational purposes only. While this information has been researched and is considered reasonable and accurate, none of the above-referenced information is intended to be legal advice. Readers should seek the counsel of an attorney for questions relating to landlord-tenant matters including evictions. The Multi-family Investor Newsletter/Global Realty Group assumes no liability for any damages whatsoever, including any direct, indirect, punitive, exemplary, incidental, special, or consequential damages arising out of or in any way connected with any use of any information presented.