The County of Los Angeles Rent Stabilization and Tenant Protection Ordinance, which went into effect April 1, 2020, regulates how much a landlord can increase a tenant’s rent, prohibits eviction of tenants unless the landlord has a just-cause reason under the law to do so, and prohibits retaliation and harassment. The ordinance also regulates buyout agreements and relocation benefits. While the ordinance only applies to unincorporated areas of the county, those areas comprise a large portion of the county where many tenants have been unprotected until now.
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What Areas Does The County Of Los Angeles Rent Stabilization And Tenant Protection Ordinance Cover?
The ordinance applies to the unincorporated areas of Los Angeles County. L.A. County, Cal. Mun. Code §8.52.040. There are over 120 unincorporated areas in the county. Examples of unincorporated areas that are covered by the ordinance are Marina del Rey, Hacienda Heights, and East Los Angeles.
To find out if your unit is located in an unincorporated area of the county, you can check with the County of Los Angeles Registrar-Recorder / County Clerk.
What department oversees the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
The Department of Consumer and Business Affairs (“Department”) oversees the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance. L.A. County, Cal., Mun. Code § 8.52.030.
Are property owners required to register their residential rental units with the Department under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Yes. Property owners must annually register their rental properties and must update the registry system within thirty days of any subsequent changes. L.A. County, Cal., Mun. Code § 8.52.080.
A tenant has the right to refuse to pay a rent increase if the property is not registered, and the refusal to pay the increased amount is a defense in any action brought by the landlord to recover possession of the unit or to collect the rent increase. L.A. County, Cal., Mun. Code § 8.52.050.
Can a tenant waive their rights under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
No. Terms in a lease or rental agreement, whether verbal or written, that waives or modifies a tenant’s rights under the ordinance is against public policy and is void. L.A. County, Cal., Mun. Code § 8.52.190.
ALLOWABLE RENT INCREASES UNDER THE COUNTY OF LOS ANGELES RENT STABILIZATION AND TENANT PROTECTION ORDINANCE
Am I protected under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
The rent-ceiling provisions of the ordinance applies to buildings in the unincorporated areas of the county that have at least two units and that have a certificate of occupancy issued on or before February 1, 1995. L.A. County, Cal., Mun. Code § 8.52.050.
The rent-ceiling protections of the ordinance do not apply to the following units:
- Units built after February 1, 1995.
- Single-family homes and condominiums.
- Units in hotels, motels, inns, tourist homes, boarding houses, and rooming houses where the tenant’s stay is less than thirty days.
- Units in hospitals, convents, monasteries, extended medical facilities, asylums, fraternity or sorority house, licensed residential treatment or care facility, interim housing facilities, facilities licensed by the state to provide medical care for residents, and any facility managed by an educational institution for occupancy by its students.
- Housing owned or operated by the County or other public agency or authority.
- Accessory dwelling units where the certificate of occupancy was issued after February 1, 1995, unless it was occupied on or before February 1, 1995, by the tenant, regardless of permit status.
- Owner or relative-occupied single-family homes or condominiums where the owner or their relative rents out rooms and shares a kitchen or bath facility with the tenant. Id.
Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance for purposes of rent control?
The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the County of Los Angeles that are not covered by the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance and that otherwise meet the requirements of state rent control. In general, the county’s rent-ceiling protections apply to multi-unit buildings built before February 1, 1995 that are located in an unincorporated area of the county. If your building is not located in an unincorporated area, was built after February 1, 1995, or is one of the many exempt buildings under the county’s ordinance, please read our guide to determine if your unit is covered by State of California Rent Control rent caps.
Because applicability of rent control laws can be complicated, tenants should speak to a tenant attorney to determine if their unit falls under county or state rent control.
How much can my rent be increased under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
A tenant’s rent may only be increased once every twelve months and cannot exceed the annual rent increase percentage, which is based on the changes to the Consumer Price Index (“CPI”). L.A. County, Cal., Mun. Code § 8.52.050. The allowable increase percent ranges from 0% to 8%, depending on the inflation rate. Id.
What is a “luxury unit” under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
A “luxury unit” is a covered unit for purposes of rent control if it is in a single building that contains at least twenty-five units and, as of September 11, 2018, the landlord received at least $4,000 per month rent. L.A. County, Cal., Mun. Code § 8.52.030. Until December 31, 2023, landlords may increase a luxury unit’s annual rent by an additional 2% above the allowable annual increase amount, but the increase cannot exceed 10%. Id.
Can my landlord increase my rent under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance if I add a new roommate to my unit?
No. A landlord may not increase a tenant’s rent or security deposit merely for adding an additional roommate to the unit. L.A. County, Cal., Mun. Code § 8.52.050.
Does the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance regulate security deposits?
A tenant who resides in a rent-controlled unit cannot have their security deposit increased during their tenancy. L.A. County, Cal., Mun. Code § 8.52.055.
Are landlords allowed to “bank” rent increases under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
The ordinance does not allow a landlord to “bank” rent increases not taken annually and impose them at a later date. L.A. County, Cal., Mun. Code § 8.52.050.
Can a landlord apply to raise a tenant’s rent above the annual allowable percentage under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Yes. Landlords may apply with the Department to receive approval to increase a tenant’s rent above the allowable limit for the following reasons:
- Receive a fair return on their property. L.A. County, Cal., Mun. Code § 8.52.060.
- Pass-through of up to 50% of capital improvement costs. L.A. County, Cal., Mun. Code § 8.52.070.
- Pass-through taxes associated with the Safe Clean Water Act. L.A. County, Cal., Mun. Code § 8.52.070.
- Pass-through of up to 50% of the annual registration costs. L.A. County, Cal., Mun. Code § 8.52.080.
Can a tenant apply for a downward adjustment of rent under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Yes. Tenants may apply with the Department for a downward adjustment of their rent for the following reasons:
- An unlawful rent increase, fees, charges, or pass-throughs.
- A landlord’s failure to maintain a habitable premises. Before applying, the tenant must notify the landlord in writing of the conditions needing correction and wait a reasonable amount of time for the landlord to remedy the condition.
- A decrease in housing services, such a landlord taking away a tenant’s parking spot. Before applying, the tenant must provide the landlord with a written notice identifying the service reduction and give the landlord a reasonable amount of time to correct the issue. L.A. County, Cal., Mun. Code § 8.52.060.
Tenants must apply for their downward adjustment of rent within 180 days from the date the tenant knew, or reasonably should have known, of the landlord’s violations. Id.
JUST-CAUSE EVICTION PROTECTIONS UNDER THE COUNTY OF LOS ANGELES RENT STABILIZATION AND TENANT PROTECTION ORDINANCE
What units have eviction protections under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Most units in the unincorporated areas of the county have just-cause for eviction protections, regardless of the number of units or the year the unit was built. L.A. County, Cal., Mun. Code § 8.52.90.
Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance for purposes of eviction protection?
The just-cause eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the County of Los Angeles that are not covered by the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance and that otherwise meet the requirements of state rent control. In general, the county’s just-cause for eviction protections apply to most units in unincorporated areas of the county. If your unit is exempt under the county’s ordinance, please read our guide to determine if your unit is covered by State of California Rent Control just-cause eviction protection.
Because applicability of eviction protection laws can be complicated, tenants should speak to a tenant attorney to determine if their unit falls under county or state just-cause eviction protection.
What are the just-cause reasons for eviction under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
A landlord must have a just-cause reason to terminate a tenancy covered by the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance. L.A. County, Cal., Mun. Code § 8.52.90. If a landlord does not have one of the permissible reasons for eviction, they cannot force a tenant out of their home.
The following are the for-fault reasons for eviction:
- Failure to pay rent.
- Violation of a material term of the rental agreement if the tenant has not fixed the violation within 10 days of receiving a notice to do so from the landlord. The following are not violations of a material term:
- Adding an additional occupant (i.e., a roommate) to the unit if the number of occupants does not exceed the maximum number of occupants allowed in a unit per state or local law. Tenants should note that the law does not provide any steps that the tenant must take to seek approval to add a roommate.
- Damaging the unit if the tenant, after written notice from the landlord, pays for the costs to repair and ceases damaging the unit.
- Not complying with new terms added to the rental agreement unless the new terms were consented to in writing by the tenant.
- Creating a nuisance or using the unit for illegal purposes.
- Failure to sign a substantially similar lease agreement.
- Failure to move out of the unit as required by an approved relocation application.
- Household exceeds the income limits in a government regulated unit.
The following are the no-fault reasons for eviction:
- The owner or their relative will be moving into the unit (Owner or relative move-in).
- Removal of all units in the property from the rental market (Ellis Act).
- Government order. Id.
Within five days after the service of the notice to terminate, landlords must file a copy of the notice and proof of service with the Department. Id.
What requirements must be met by the landlord to evict a tenant through an owner or relative move-in under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
An owner must comply with the following requirements to do an owner or relative move-in eviction:
- Have good faith intent to live in the unit as their principal place of residence for at least three years.
- Move in within sixty days after the tenant vacates.
- There are no vacant units in a building that contains three or more units.
- The landlord must have at least a 50% ownership interest or be a beneficiary with at least a 50% interest in a trust that owns the unit.
- The landlord must be a natural person (not a corporation, partnership, limited partnership, association, or trust company). L.A. County, Cal., Mun. Code § 8.52.090.
Tenants should note that depending on the percent of ownership, a landlord may be able to occupy more than one unit. Id. A Landlord who has less than 100% percent ownership interest in a property can only occupy one unit in that property. Id. But a landlord with 100% ownership interest may occupy up to two units in the property. Id.
A relative under the ordinance means the landlord’s parent, child, spouse or registered domestic partner, grandparent, grandchild, aunt or uncle who is at least 62 years old, or other dependent over which the landlord has guardianship, the spouse or registered domestic partner’s parent, child, grandparent, grandchild, aunt or uncle at least 62 years old, and other dependent over which the landlord’s spouse or domestic partner has guardianship. L.A. County, Cal., Mun. Code § 8.52.030.
How much notice am I entitled to for an owner or relative move-in eviction under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Tenants are entitled to a written 60-days’ notice to vacate for an owner or relative move-in eviction. L.A. County, Cal., Mun. Code § 8.52.090. The notice period cannot be waived a tenant. Id.
Am I protected from an owner or relative move-in eviction under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
An owner or relative move-in is only allowed in units that the owner or their relative are similarly situated as the tenant or the tenant’s household member. L.A. County, Cal., Mun. Code § 8.52.090. A tenant may have protections from an owner or relative move-in if they or a member of their household is 62 years old or older, is disabled under Cal. Gov. Code § 12926, is terminally ill as verified by their medical provider, or is a low-income household. Id.
Do I have a right to reoccupy my unit if my landlord re-rents it after I vacate due to an owner or relative move-in under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
If the landlord re-rents the unit within three years of the tenant vacating, the landlord must offer the unit back to the tenant at the rental rate charged at the time of vacating, plus any allowable increases. L.A. County, Cal., Mun. Code § 8.52.090.
If the landlord re-rents the unit within three years to someone other than the evicted tenant, the landlord may only charge the rental rate the evicted tenant was paying, plus any allowable increases. Id.
How much notice am I entitled to for an Ellis Act eviction under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Tenants are entitled to a 120-days’ notice unless they are a protected tenant, which would entitle the tenant to a one-year extension. L.A. County, Cal., Mun. Code § 8.52.090.
Am I protected from an Ellis Act eviction under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Generally, tenants are not protected from an Ellis Act eviction, but a tenant may be entitled to a longer notice period if they are a protected tenant. L.A. County, Cal., Mun. Code § 8.52.090. If you are at least 62 years old or are disabled as defined in Cal. Gov. Code § 12926 and have resided in your rental unit for at least one year, you may be entitled to a one-year extension. Id. To request the extension, you must give your landlord a written notice within thirty days of receiving the notice to terminate. Id.
If I am evicted through an Ellis Act eviction and my landlord intends to re-rent my unit, do I have a right to reoccupy it under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Tenants are required to notify the landlord in writing within thirty days of receiving the notice of termination that they are interested in re-renting the unit if it is offered for re-rental in the future. L.A. County, Cal., Mun. Code § 8.52.090.
If the unit is offered for re-rental within two years, the tenant may resume their tenancy at the same rental rate charged at the time the tenant vacated, plus any allowable increases. Id. The landlord is also liable for the tenant’s actual damages and for punitive damages. Id. A tenant must bring their claim for damages within three years of the withdrawal. Id.
If the unit is offered for re-rental between two to five years after the withdrawal, the tenant may resume their tenancy at the same rental rate charged at the time the tenant vacated, plus any allowable increases. Id. The landlord is liable to the evicted tenant for punitive damages not to exceed six month’s rent. Id.
If the unit is offered for re-rental between five and ten years, a tenant may return to the unit. Id. The landlord is liable to the evicted tenant for punitive damages not to exceed six month’s rent. Id.
Are there any restrictions for properties that were demolished through the Ellis Act under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
If an owner of a property uses the Ellis act to demolish rent-controlled units and then constructs new units that are offered for rent within five years of the withdrawal, the new units will be subject to rent control. L.A. County, Cal., Mun. Code § 8.52.090.
RELOCATION BENEFITS UNDER THE COUNTY OF LOS ANGELES RENT STABILIZATION AND TENANT PROTECTION ORDINANCE
Am I entitled to relocation benefits if I am evicted for a no-fault reason under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Yes. If a tenant must vacate due to an owner or relative move-in, Ellis Act, or government order, or are temporarily displaced due to needed repairs, they are entitled to relocation benefits. L.A. County, Cal., Mun. Code § 8.52.110. The amount of relocation is determined by the County. Id.
For permanent displacements, the amount depends on the size of the unit and whether the tenant is a qualified tenant (at least 62 years old, disabled, or has a child under the age of eighteen residing in the unit) or low-income tenant. Id.
What are the permanent relocation benefit amounts under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Permanent relocation amounts are below, which are updated by the County quarterly. The benefits are paid per unit, not per tenant.
| Type of Tenant | Studio | 1-bedroom | 2-bedroom | 3-bedroom | 4+ bedrooms |
| Standard | $7,654 | $8,662 | $10,797 | $13,115 | $14,759 |
| Qualified | $9,272 | $10,675 | $13,359 | $16,043 | $17,995 |
| Low-income | $10,980 | $12,688 | $15,921 | $18,971 | $21,411 |
When must permanent relocation payments be made under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Relocation benefits must be provided at the time the notice to terminate the tenancy is served. L.A. County, Cal., Mun. Code § 8.52.110. The landlord can choose to either deposit the payment into an escrow account or pay the amount directly to the tenant. Id.
What are the temporary relocation benefit amounts under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
If a tenant must be temporarily displaced for thirty days or less due to repairs that require the unit to be unoccupied, the landlord must pay the tenant a per-diem payment set by the County. L.A. County, Cal. Mun., Code § 8.52.110. If the tenant will be displaced for more than thirty days, the landlord must pay the tenant a per-diem payment or provide comparable temporary housing. Id.
The landlord and tenant can agree to pay the tenant directly, or if the tenant is staying at a hotel or motel, pay the establishment. Id.
The per diem amount set by the County are $207 per night, including taxes, plus $66 per adult for meals and incidentals, and $33 per child under 12 years old.
COUNTY OF LOS ANGELES RETALIATORY EVICTION AND ANTI-HARASSMENT ORDINANCE
What is a retaliatory eviction under County of Los Angeles Retaliatory Eviction and Anti-Harassment Ordinance?
Landlords are prohibited from retaliating against a tenant who is not in default of their rent and who has exercised their rights under the ordinance. L.A. County, Cal., Mun. Code § 8.52.130. Landlords may not terminate a tenancy, refuse to renew a tenancy, or cause a tenant to involuntarily move out. Id.
Failure by the landlord to comply with the ordinance can be asserted by a tenant as an affirmative defense to any action brought against them by the landlord. Id.
What is harassment under the County of Los Angeles Retaliatory Eviction and Anti-Harassment Ordinance?
In the County of Los Angeles, landlords and their contractors, subcontractors, employees, and any person acting as an agent of the landlord are prohibited from doing the following:
- Interrupt, terminate, or fail to provide, or threaten to interrupt, terminate, or provide any housing service required by the lease agreement or the law.
- Act in bad faith by any of the following actions:
- Fail to perform repairs and maintenance.
- Fail to exercise due diligence in completing repairs and maintenance they had undertaken.
- Fail to follow industry repair, containment, or remediation protocols to lessen noise, dust, lead, paint, mold, asbestos, or other harmful building materials exposure.
- Renovate or perform construction for the purpose of harassing a tenant.
- Refuse to acknowledge receipt of lawful payment of rent.
- Refuse to cash or process a rent payment for over 30 days.
- Fail to maintain a current address for delivery of rent payments.
- Violate a tenant’s right to privacy by requesting citizen ship status, protected class status, or social security number, unless the social security number is needed for purposes of tenancy qualification.
- Release the above information to others, unless required by law.
- Request an unreasonable amount of information from a tenant that has made a request for a reasonable accommodation.
- Abuse the right to enter, including entries unrelated to repairs/maintenance, excessive entries, entries targeting a certain tenant to collect information about them, entries demanding a time outside of normal business hours, entries contrary to a tenant’s request to change the date and time of the entry, and photographing or recording the unit beyond the scope of the entry’s purpose.
- Influence or attempt to influence a tenant to vacate through fraud, misrepresentation, intimidation, or coercion.
- Threaten a tenant with words (orally or in writing) or physical harm.
- Discriminate against a tenant based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, HIV, AIDS, occupancy by a minor child, or source of income.
- Terminate, serve a notice to quit, or bring an action to recover possession of a unit based on information that the landlord has no reasonable cause to believe is true.
- Remove a tenant’s personal property from the unit without the tenant’s prior written consent.
- Provide false information to the tenant about any federal, state, county, or local tenant protections. False information includes:
- Demanding a tenant sign a lease agreement not in the tenant’s primary language.
- Conducting rental agreement negotiations not in the tenant’s primary language.
- Providing a rental agreement that is not in the tenant’s primary language.
- Awareness by the landlord that the lease is not in the tenant’s primary language
- Entering into a rent repayment plan if the landlord tells the tenant that they have to enter into such an agreement in order to qualify for tenant protections.
- Offer payments to tenant to vacate more than once in six months after the tenant notified the landlord in writing they do not want to receive offers.
- Communicate in a language that is not the tenant’s primary language to intimidate, confuse, deceive, or annoy the tenant.
- Interfere with the tenant’s quiet enjoyment.
- Repeatedly and substantially interfere with any occupant’s quiet enjoyment to cause, or intend to cause, the occupant to vacate the unit or to waive their rights.
- Remove a housing service, such as a parking space, to force a tenant to vacate.
- Interfere with the right of tenants to organize. L.A. County, Cal., Mun. Code § 8.52.130.
BUYOUT REGULATIONS UNDER THE COUNTY OF LOS ANGELES RENT STABILIZATION AND TENANT PROTECTION ORDINANCE
What is a buyout agreement under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
A buyout agreement is a written agreement where a landlord and a tenant agree to the landlord paying the tenant money to voluntarily move out of their unit.
What requirements must a landlord follow before they can offer a tenant a buyout under the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Before the buyout discussions can begin, the landlord is required to provide each tenant in the unit a written disclosure in the tenant’s primary language of their buyout rights under the ordinance. L.A. County, Cal., Mun. Code § 8.52.100.
The disclosure must contain statements that the tenant has a right to the following:
- To not enter into a buyout negotiation or agreement.
- To consult with an attorney before entering into an agreement.
- To rescind the agreement within 45 days after it is fully executed.
- To contact the Department for information on buyouts under the ordinance. Id.
In addition, buyout agreements must be in writing in the tenant’s primary language. Id. A copy of the agreement must be given to the tenant at least forty-five days before it is executed by the parties. Id. The agreement must also state in bold letters and in 12-point type near the tenant’s signature line specific language provided by the Department pertaining to the tenant’s right listed above. Id.
Once the agreement is signed, the landlord must give a copy of the fully executed agreement to the tenant and to the Department within ten days. Id.
PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW
Can I sue my landlord for violating the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance?
Yes. Any tenant, or any person or entity acting on behalf of the tenant’s interest, including the County, may bring a lawsuit against the landlord for violations of the law. L.A. County, Cal., Mun. Code § 8.52.170. Tenants can sue for a wrongful eviction, illegal rent increases, illegal buyouts, retaliation, and harassment. Id. Tenants can seek injunctive, declaratory and other equitable relief, restitution, and reasonable attorney fees and costs. Id. The court may award reasonable attorney fees and costs to a landlord who prevails in any action brought against them if the court determines that the tenant’s action was frivolous. Id.
In addition, a landlord who violates the ordinance will be liable to the tenant for civil penalties of up to $1,000 per violation. Id. Landlords who have retaliated against or harassed the tenant will be liable for civil penalties of between $2,000 and $5,000 per violation. L.A. County, Cal., Mun. Code § 8.52.130. If the tenant is 62 years old or older or is disabled, the court may award an additional $5,000 per violation. Id.
Each violation of the ordinance, and each day such violation is committed, permitted, or continued, is a separate offense. L.A. County, Cal., Mun. Code § 8.52.170. Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney about their rights if their landlord has violated any provision of the County of Los Angeles Rent Stabilization and Tenant Protection Ordinance.
