• Sasha Struthers

Updated: What AB 3088 Means for Los Angeles City and County Landlords in 2021.

Updated: January 31, 2021

I previously wrote a brief summary on California's Tenant and Landlord protections bill AB 3088, found here. Prior to that I wrote an article summarizing LA City and County's eviction moratoriums, which I have updated, and can be found here.

As mentioned in the briefer, local ordinances are grandfathered in to some degree with AB 3088. Los Angeles City and County had some of the most aggressive residential eviction moratoriums in the country. The parts that survive with AB 3088 and effect back rent collection are discussed below.

Los Angeles City

Briefly, Los Angeles City's residential eviction moratorium provided residential tenants with 12 months from the date Los Angeles City itself declared the local emergency over. AB 3088 as it is now extended overrides local payback periods and now requires tenants to pay back rent on or before August 31, 2021.

In addition, LA City required landlords to serve a notice of tenant protections with every eviction notice. AB 3088 does not address if these local notices must still be served, but for added precaution it is advisable to serve one on a tenant. LA City's Renter COVID 19 Protection Fact Sheet can be found here.

Los Angeles County

Similarly, Los Angeles County's eviction moratorium provided residential tenants with 12 months from the date of its local emergency expiration. However, similar to Los Angeles City, tenants are required to pay back rent on or before August 31, 2021.

The overlap in state and local laws makes it very challenging. Especially in Los Angeles City, where its eviction moratorium further separates RSO and Non-RSO rentals. RSO rentals in LA City get added protections, such as a rent increase freeze. However, LA County has a rent increase freeze in place on all residential properties through March 31, 2021.

Federal Relief

The extension of AB 3088 came as the result of $2.6 billion in Federal stimulus funds that California will be distributing starting in February. The caveat to these funds, in order for landlords to get any stimulus money they must accept 80% of the back rent covering April 2020 through March 2021 from the federal funds and then forgive the remaining 20% and not file an eviction. This is the forced "rent forgiveness" that was anticipated. If landlords don't take this deal they risk getting nothing awarded to them in an eviction any ways.

Prior to serving any eviction related notice on a tenant you should consult with an eviction attorney, like myself. P: (818) 306-0686 | E: Sasha@Struthers.Legal

Visit my website and subscribe to my newsletter to get up-to date information on landlord-tenant laws. You can also follow me on Twitter @Struthers_Legal for tips and law updates.

The information in this post is for general information purposes only. Nothing on this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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