New Los Angeles Tenant Protections

Our hearts go out to all those who have been impacted by the terrible Palisades and Eaton fires.  In fact, and as a part of our commitment to community service, we highlight partner Rosty Gore’s pro bono representation of a family who lost their longtime family home in the Palisades fire.  A full recap is included in the spotlight section of this newsletter. 

To help those who have been displaced by the wildfires, the City of Los Angeles, the State of California, and County of Los Angeles created new protections for residents impacted by these devastating fires.  These new protections were enacted to protect those who have lost homes, or whose homes have become unhabitable.  As with all such protections, they are susceptible to abuse by the unscrupulous.  We are here to help you navigate this new landscape.

The New Los Angeles City and County Renter /Occupant Protections:

1. City of Los Angeles Protections

   
   

   As of February 4, 2025, a new Los Angeles City ordinance prohibits landlords from evicting tenants who house people or pets displaced by the wildfires, even if this violates lease terms regarding additional occupants or pets. This protection is in effect for one year.

   
   

2. Statewide Executive Order

   
   

   On January 17, 2025, Governor Newsom issued an executive order prohibiting landlords from evicting tenants who shelter wildfire survivors in violation of lease terms. This order was set to sunset on March 8, 2025, but was extended to July 1, 2025.  It provides interim relief while broader legislative solutions are developed. Additionally, California’s anti-price gouging laws remain in effect, limiting rent increases to no more than 10% during the state of emergency.  The order further:

   
   

   • Extends price gouging protections on rental housing, hotels, and motel rates to July 1, 2025.  This includes a prohibition on tenant evictions so that the landlord can relist the property at a higher rate.  While exemptions for large homes in zip codes with high fair market values remain, the order is highly nuanced.  Homes which were not recently on the rental market are exempt, in an effort to ensure there is an adequate supply of housing available during recovery efforts.  The order also exempts newly constructed housing to increase housing supply by enabling pricing flexibility for these new buildings that face higher financing costs.

     
     

   • Extends the suspension of laws that would classify occupants of hotels, motels, and temporary housing as tenants after 30 days, giving people more time to find alternative housing. 

     
     

3. Los Angeles County Eviction Protections

   
   

   On February 18, 2025, the Los Angeles County Board of Supervisors approved a resolution offering eviction protections for qualifying tenants financially impacted by the wildfires.

   
   

   • Protections For Tenants:  Tenants who have lost at least 10% of their income due to the fires, are shielded from eviction for non-payment of rent. This is effective from February 1, 2025, through July 31, 2025.  Key details include:

     
     

a)     Tenants must self-certify their financial hardship to their landlord in writing within seven days of rent being due each month (under penalty of perjury).

·       No financial documentation is required.

·       Landlords can challenge this if they believe that the affidavit is fraudulent.

b)     Late fees or interest on unpaid rent during this period are prohibited.

c)      Rent owed must be repaid within 12 months after July 31, 2025.

d)     This applies countywide, including incorporated cities.

e)     To qualify, the tenant’s household income must be below 150 percent of the median income (roughly $147,000 for a family of 4).

o Protections for Hosting of Displaced Individuals:  These protections only apply to unincorporated areas of Los Angeles County.  Based on our years of experience, these protections, while admirable, are ripe for misguided tenant abuse. The Ryan Firm stands ready for the potential abuses and pitfalls that the new laws will bring. 

a) Tenants in unincorporated areas of Los Angeles County are protected from eviction if they temporarily house people or pets displaced by the wildfires – even if this violates their lease terms regarding occupancy orpet policies.

·       No formal documentation is required.

·       Landlord retains the right to challenge a tenant’s claims if they suspect misuse.

·       Landlords cannot impose additional fees, or rent increases on tenants solely due to the temporary housing of displaced persons or pets.

b) The protections are in effect until May 31, 2026, providing a 16-month period from the resolution’s passage. This extended timeline accounts for the prolonged displacement caused by the wildfires and the slow pace of rebuilding in affected areas.

o Protections for Short Term Rentals (for unincorporated areas of Los Angeles County)

a) Allowance of Multiple Listings per Property Owner:

· Typically, LA County restricts property owners to a limited number of short term rental (“STR”) listings to prevent the conversion of residential units into de facto hotels. Under the January 21 resolution, this restriction was lifted temporarily for fire-displaced individuals. Property owners can now list multiple units (e.g., main homes, guest houses, or additional rooms) as STRs to accommodate those in need of housing.

b) Use of Accessory Dwelling Units (ADUs) for STRs:

· Accessory Dwelling Units, often restricted from being used as STRs under normal county rules to preserve long-term housing stock, are now permitted to be rented out short-term specifically for wildfire victims. This expands the pool of available housing by allowing secondary units on residential properties to serve as temporary shelters.

c) Inclusion of Vacation Rentals:

· Vacation rentals, which are subject to stricter zoning and permitting requirements in unincorporated LA County, are temporarily authorized for use as STRs to house displaced residents. This adjustment broadens the types of properties available beyond traditional residential listings.

d) Removal of the 90-Night Cap for Unhosted Stays:

· Under pre-existing county ordinances, unhosted STRs (where the host is not present on-site) were limited to a maximum of 90 nights per year to balance tourism with housing preservation. The January 21 motion eliminated this cap for rentals occupied by fire-displaced individuals, allowing unhosted properties to be rented out for longer periods without restriction during the emergency period.

e) Targeted Application to Fire Victims:

· These adjustments apply exclusively to STRs used to house individuals displaced by the January 2025 wildfires. Property owners renting to non-displaced tenants must still adhere to the original STR regulations, ensuring the policy directly addresses the disaster- related housing crisis.

f) Duration of the Adjustments:

·  The temporary relaxation of STR rules is effective until May 31, 2026, providing a 16-month window from the date of approval. This extended timeline reflects the anticipated long-term displacement caused by the scale of the fires and the time needed for rebuilding efforts.

We Can Help!

No one understands the interactions between California, Los Angeles County, and various city and county codes governing evictions like The Ryan Firm.  These new well-meaning protections in Los Angeles add a new card for the unscrupulous tenant to play.  We are here to assist you!