City of Los Angeles Tenant Anti-Harassment Ordinance

Am I protected under the City of Los Angeles Tenant Anti-Harassment Ordinance?

The ordinance applies to all residential rental units in the City of Los Angeles including single-family homes, condominiums, mobile homes, and recreational vehicles if the vehicle is in a mobile home park or recreational vehicle park.  Los Angeles, Cal. Mun. Code § 45.32.

The City of Los Angeles is divided into many districts and neighborhoods. Tenants who live in the various neighborhoods and districts within the City of Los Angeles may not realize that they are covered by the Tenant Anti-Harassment Ordinance.  Areas such as Echo Park, Encino, Highland Park, Hollywood, La Brea, Los Feliz, Northridge, San Pedro, Studio City, Van Nuys, and Venice are all covered by the ordinance.  Tenants can check here to determine if they live in the City of Los Angeles.

What is considered harassment by a landlord under the City of Los Angeles Tenant Anti-Harassment Ordinance?

Tenant harassment is defined as “a landlord’s bad faith conduct directed at a specific tenant or tenants that causes the latter detriment or harm.”  Los Angeles, Cal. Mun. Code § 45.33.  “Bad faith” conduct means “willful, reckless, or grossly negligent.” Id. 

In the City of Los Angeles, landlords are prohibited from doing the following:

• Reducing or eliminating or threatening to reduce or eliminate housing services, such as parking.
• Failing to perform necessary repairs and maintenance, or failing to follow applicable industry standards to minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts.
• Abusing the right to access a rental unit, including entering or photographing areas of the unit that are beyond the scope of a lawful entry or inspection; failing to explicitly state the specific reason for entry; failing to reasonably coordinate entry with the tenant’s schedule; misrepresenting the reason for entry; failing to provide the approximate time window for entry; failing to timely notify the tenant that the noticed entry has been cancelled; and excessively requesting entry.
• Threatening a tenant, or their guest, with physical harm.
• Attempting to coerce a tenant to vacate with offer(s) of payments.
• Threatening to act or taking action to terminate a tenancy, such as serving a notice to quit, based on facts which the landlord has no reasonable cause to believe to be true.
• Interfering with or threatening to interfere with the tenant’s right to use and enjoy their unit.
• Representing to a tenant that they are required to vacate the unit or enticing a tenant to vacate a rental unit through a misrepresentation or the concealment or omission of a material fact.
• Refusing to acknowledge, facilitate, or accept lawful rent payments or rental assistance payments.
• Inquiring about a tenant’s immigration status.
• Threatening to disclose or disclosing a tenant’s immigration status.
• Threating to disclose or disclosing information about a tenant to any government entity for engaging in legally protected activities or to influence them to vacate.
• Violating federal, state, or local housing anti-discrimination laws.
• Retaliating, threatening, or interfering with a tenant organizing a tenant association or union.
• Interfering with a tenant’s right to privacy.
• Unilaterally imposing or requiring a tenant to agree to new material terms of tenancy or a new rental agreement, unless the change is authorized by California Civil Code Section 1946.2(f), 1947.5, or 1947.12, or the change is required by Federal, State, or local law or regulatory agreement with a government agency, or the change is accepted in writing by the tenant.
• Any other repeated acts or omissions that substantially interfere with or disturb a tenant’s comfort, repose, peace or quiet and that cause, are likely to cause, or are committed with the objective to cause the tenant to vacate or waive their rights.  Id.

For tenants who reside in rent-controlled units, harassment includes offering payment to a tenant to vacate their unit without providing a written notice of their rights under the City of Los Angeles Rent Stabilization Ordinance.  Los Angeles, Cal. Mun. Code § 151.33.

Before a tenant can sue their landlord under the ordinance for failure to repair and maintain the unit, they must first send a written notice to their landlord and provide a reasonable amount of time for the landlord to remedy the issues.

Can I sue my landlord for violating the City of Los Angeles Tenant Anti-Harassment Ordinance?

Yes.  Tenants may sue their landlord and any person who aids, facilitates, or incites another to violate the ordinance, regardless of whether the unit remains occupied or has been vacated by the tenant due to the harassment.  Los Angeles, Cal. Mun. Code § 45.35.  A tenant who wins a lawsuit against their landlord for harassment shall be entitled to three times their actual damages, including damages for mental or emotional distress.  A winning tenant shall also be entitled to reasonable attorney’s fees and costs, civil penalties between $2,000 to $10,000 per violation, depending upon the severity of the violation, plus tenant relocation if applicable, rent refunds for reduction in housing services if applicable, and any other appropriate relief determined by the court. Los Angeles, Cal. Mun. Code § 45.35(B).  A tenant who is at least 65 years old or disabled who has been harassed by their landlord may be entitled to an additional civil penalty of up to $5,000 per violation, depending upon the severity of the violation. Los Angeles, Cal. Mun. Code § 45.35(C). 

What other penalties may a landlord suffer for violating the City of Los Angeles Tenant Anti-Harassment Ordinance?

Tenants may use the landlord’s violation of the ordinance as an affirmative defense in any eviction action.  Los Angeles, Cal. Mun. Code § 45.34.

If a tenant vacates a rent-controlled unit due to their landlord violating the ordinance, the unit can only be re-rented at the lawful rent in effect at the time the tenant vacated.  Los Angeles, Cal. Mun. Code § 45.37.

Tenants in the City of Los Angeles who are being harassed by their landlord in violation of the Tenant Anti-Harassment Ordinance should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney about their options.