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Your Legal Corner - Client Alert Blog

LA City Tenant Anti-Harassment Ordinance

Written By: Melissa C. Marsh, Esq., California Attorney, August 2021 Add to Favorites

Effective August 6, 2021 the City of Los Angeles passed a new Tenant Anti-Harassment Ordinance (TAHO - #187109 ) that applies to ALL rentals in the City of Los Angeles, including Single Family Residences and condos.

The LA City Tenant Anti-Harassment Ordinance prohibits Los Angeles City landlords from engaging in any conduct that a reasonable person would find was intended to disturb the tenant's right to quiet enjoyment of the rental, or was designed to pressure the tenant to move. This includes simply offering a tenant a cash for keys, without first providing the required disclosures if the rental is under the RSO.. This also includes performing mere inspections of a rental without proper notice, or with notice but too often or for a purpose not allowed.

The LA City Tenant Anti Harassment Ordinance defines Tenant Harassment as:

ďa landlordís knowing and willful course of conduct directed at a specific tenant that seriously alarms or annoys the tenant, and that serves no legitimate purpose.Ē

In the City of Los Angeles, a tenant can bring a legitimate claim of Tenant Harassment if:

  1. A landlord reduces or removes a housing service provided in the lease (e.g., parking, storage, washer/dryer, etc...);
  2. A landlord refuses or fails to perform needed maintenance or repairs in a timely manner, or fails to follow applicable industry standards to minimize exposure to noise, dust, lead paint, asbestos, or other harmful building materials;
  3. A landlord abuses the right to enter a rental unit by: (a) entering without consent or proper service of a 24 hour notice of entry, (b) entering for a purpose not permitted under the law, (c) entering too often, or (d) photographing areas that are beyond the scope of a lawful entry or inspection;
  4. A landlord Intentionally disturbs a tenantís right to the quiet enjoyment, or right to privacy;
  5. A landlord tries to coerce a tenant to move-out with an illegal buyout offer, lies, intimidation, threat of physical harm, or false misrepresentations;
  6. A landlord threatens to evict, or serves a notice to evict (3 Day, 30 Day or 60 Day Notice) based on false reasons, reasons not permitted under the law, or that has no reasonable chance of prevailing in Court;
  7. A landlord refuses to accept a rent payment from the tenant or fails to deposit the rent check within 30 days;
  8. A landlord inquires about the immigration or citizenship status of a tenant or threatens to disclose the tenant's immigration or citizenship status;
  9. A landlord threatens/interferes with tenant organizing activities (tenant associations and unions); OR
  10. Any other repeated acts or omissions that substantially interfere with or disturb a tenantís comfort, peace or quiet and that are likely to cause a tenant to vacate.

Under the Los Angeles City Tenant Anti Harassment Ordinance, a tenant can sue their landlord and anyone assisting the landlord in violating the ordinance for actual damages, emotional distress damages, up to $10,000 for each separate harassing act, and reasonable attorney fees.

In addition, a tenant may use the landlordís violation of the ordinance as an affirmative defense to any eviction action. Further, if it is discovered that a tenant vacated an LA City rent-controlled unit because the landlord violated the ordinance, the City of Los Angeles will reset the maximum allowable rent (MAR) for the unit to the lawful rent in effect at the time the harassed tenant vacated.

Tags: LA City Tenant, tenant harassment
Posted In: Real Estate Reporter 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.