In response to the widespread economic fallout from recent wildfires, Los Angeles County enacted a resolution that establishes clear county wildfire tenant protections. This measure defines eligibility, outlines timelines for repayment, and provides legal guidance for both landlords and tenants affected by wildfire-related income loss.
NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES DOES HEREBY PROCLAIM, RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
I. INCORPORATION OF RECITALS. The foregoing Recitals are true and correct and incorporated herein by reference.
II. DEFINITIONS. For purposes of this Resolution, the following terms are defined as follows:
A. “Direct” means either:
- Qualifying Tenant’s place of employment or business was destroyed or rendered uninhabitable due to the County Wildfires and resulted in actual loss of wages;
- The economic impact of the County Wildfires resulted in the Qualifying Tenant’s employer laying them off or reducing their work hours; or
- A loss of the Qualifying Tenant’s clients who were located in the County Wildfires impacted areas resulting in a loss of income.
B. “Financial Impact” means a Qualifying Tenant’s loss of at least ten percent (10%) of their average monthly household income immediately preceding January 7, 2025, as may be established by pay stubs, payment receipts, letters from employers, or other evidence. Income replaced through unemployment insurance, emergency benefits, or any other source shall be considered when calculating a Qualifying Tenant’s Financial Impact.
C. “Landlord” means an owner of real property for residential rental purposes.
D. “Protection Time Period” means the time period between February 1, 2025, through July 31, 2025, as may be revised, renewed, or repealed by the Board, during which a Qualifying Tenant is unable to pay rent due to Direct Financial Impacts related to the County Wildfires.
E. “Qualifying Tenant” means a residential tenant who resides in a rental unit or rents a mobile home from a mobile home owner (collectively, “rental unit”) who must:
- Have resided in their rental unit since before January 7, 2025;
- Be “Income Eligible,” which means their 2024 household income was equal to or less than 150 percent of the Area Median Income as established pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code section 50079.5; and
- Have begun “Income Replacement Efforts,” which means:
a. Enrolling in or applying for a relief program for County Wildfires;
b. Applying for unemployment benefits or other qualifying income assistance program; or
c. Actively seeking employment.
F. “Rent” or “Rental Debt” means and includes rent and any late charges, interest, or other fees owed for occupancy of a rental unit.
G. “Repayment Time Period” means the twelve (12) months following the expiration or termination of the Protection Time Period, in which a Qualifying Tenant must repay Rental Debt accrued during the Protection Time Period.
III. JURISDICTION.
A. Unincorporated County. This Resolution applies to all unincorporated areas of the County.
B. Incorporated Cities within the County. This Resolution applies to incorporated cities within the County pursuant to Government Code section 8630 et seq. and Chapter 2.68 of the County Code.
- It is the intent of the County, in enacting this Resolution, to provide uniform, minimum standards protecting Qualifying Tenants who have Direct Financial Impacts during the Protection Time Period.
- Nothing in this Resolution shall be construed to preclude any incorporated city within the County from imposing, or continuing to impose, the same or greater local protections than are imposed by this Resolution if the protections are not inconsistent with this Resolution and are not preempted by State or federal law.
IV. TENANT PROTECTIONS.
A. Nonpayment of Rent. During the Protection Time Period and the Repayment Time Period, a Qualifying Tenant may assert an affirmative defense to an unlawful detainer action for nonpayment of Rent accrued during the Protection Time Period if the Qualifying Tenant:
- Self-certifies in writing, under penalty of perjury, that they are unable to pay Rent due to Direct Financial Impacts related to the County Wildfires, that they are Income Eligible, and that they have begun Income Replacement Efforts; and Repayment Time Period. The Qualifying Tenant shall have the burden to prove the factual basis of their affirmative defense, including the timeliness and merit of any self-certification of a Direct Financial Impact related to the County Wildfires made pursuant to this Resolution. Nothing in this Resolution shall be construed to preclude a Landlord from filing an unlawful detainer action if a self-certification is untimely or if the Landlord reasonably believes that a Qualifying Tenant’s self-certification is materially false, incorrect, or fraudulent. Said affirmative defenses shall survive the termination or expiration of this Resolution.
B. Nonexclusive Remedies and Penalties. The remedies provided in this Resolution are not exclusive, and nothing in this Resolution shall preclude Qualifying Tenant from seeking any other remedies or penalties available at law or in equity.
VI. EFFECTIVE IMMEDIATELY. This Resolution shall take effect immediately upon its passage. Except as otherwise indicated, all provisions stated herein shall apply commencing February 1, 2025, and shall remain in effect until July 31, 2025, unless extended or repealed by the Board. It shall be superseded only by a duly enacted ordinance or resolution of the Board or a further executive order issued pursuant to Section 2.68.150 of the County Code.
VII. SEVERABILITY. If any provision of this Resolution or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Resolution are declared to be severable.
VIII. WAIVER PROHIBITED. Any waiver of rights under this Resolution shall be void as contrary to public policy.