Los Angeles

City Council

September 19, 2023 Item #13

Agenda Item 13

(13) 23-0930 HOUSING AND HOMELESSNESS COMMITTEE REPORT relative to the prevention of bad faith use of evictions under the Ellis Act and the Tenant Habitability Program, and the City’s mechanisms to enforce and communicate protections set forth in State law for first right of refusal, right of return at original rents, relocation payment, and payment for damages throughout the ten-year compliance period. Recommendation for Council action, pursuant to Motion (Yaroslavsky for Raman – Hernandez): REQUEST the City Attorney, with the Los Angeles Housing Department (LAHD) and any other relevant City departments, to report to the Council within 30 days on the following: The interaction between the Ellis Act and the Tenant Habitability Program, including an analysis of how the LAHD differentiates evictions under Los Angeles Municipal Code (LAMC) Sections 151.09.A.10 (Ellis Act) and 151.09.A.11 (Government Order) from LAMC Chapter XV, Article 2 (Tenant Habitability Program); the potential for bad faith use of Ellis Act evictions for purposes of conducting Primary Renovation when the work does not necessitate the units' permanent removal from rental housing use; how the LAHD monitors and enforces the "good faith" requirement in LAMC Section 151.09.A.10; and, options to prevent bad faith use of the Ellis Act for renovations, retrofits, and other habitability improvements when the property owner intends to continue renting units after the improvements and the Tenant Habitability Program would prevent tenant displacement. The adequacy of the City's mechanisms to ensure that the protections set forth in State law for first right of refusal, right of return at original rents, relocation payment, and payment of damages are enforced and communicated to tenants and property owners throughout the ten year compliance period.