The City of Los Angeles is poised to enact a so-called “anti-tenant harassment” ordinance which would prospectively criminalize aspects of residential income property ownership in that:
- Any attempt to contact a resident regarding delinquent rent could be construed as “harassment” under the ordinance – (unconstitutionally ambiguous).
- A property owner could be subject to criminal prosecution for not remediating non-material habitability issues despite acting in good faith, if surrounding circumstances inhibit timely repairs (i.e., raw material/component market deficiencies, unforeseeable contractor default, etc.).
- A property owner whose data archives have been compromised by unforeseeable externalities such that the property owner cannot retrospectively verify rental receipt despite such receipt having occurred, would be subject to criminal prosecution under the ordinance.
- An attempt to enter a unit to effect repairs or for status inspection, done with appropriate notice to the resident, can be construed as a breach of privacy/quiet enjoyment under the ordinance.
What About Tenants?
There are no reciprocal criminal/tort liabilities in this property owner harassment/persecution ordinance regarding:
- Tenants who lodge demonstrably baseless allegations of habitability issues with City, County and/or other administrative governmental oversight, merely to harass the property owner. Or those who utilize a repair-and-deduct remedy to analogous effect. A tenant may refrain from apprising the property owner of an issue concomitant with a reasonable temporal window to address such issue prior to invoking the aforementioned tactics.
- Tenants who preside over premeditated/reckless degradation of their units (hoarding/castaway items constituting a combustion peril. Or breaking fixtures and/or appliances, etc.) and then having the unmitigated gall to submit an invoice to the property owner or who then employ the protocols detailed above.
- Tenants who create a quiet enjoyment/privacy/altercation issue with respect to other proximate unit residents.
- Tenants who have sufficient cash flow/assets/income platforms to remit rent in a timely fashion, but premeditatedly refuse to do so – and may lie to, intimidate, and harass the property owner to eschew rent remittance.
The War is Well Underway!
This is tantamount to defrauding an innkeeper in the hospitality sector – yet this unilateral property owner persecution/harassment ordinance will not reciprocally enhance tort/administrative/criminal sanctions for tenants – ONLY FOR PROPERTY OWNERS!
This ordinance patently shreds the fourteenth amendment’s equal protection clause and violates property owners’ civil rights by maliciously targeting property owners.
This is a foothold precedent that will go nationwide if its constitutionality is not challenged in federal court and not in the political aristocracy’s eviction moratorium rent freeze upholding state courts. They will rapidly escalate to felony enhancements and real property civil forfeiture if this gains traction.
California is supposedly re-opening, but the rent freeze/eviction moratoriums are still in place and will apparently never be repealed under the yoke of political aristocracy. The war on small property ownership is well underway.
[Editor’s Note: There has been a demonization of housing providers for the last 40 years that has created a class warfare mentality along with a deep sense of entitlement among a growing number of housing consumers and politicians. Who could ever have imagined totally lopsided city councils mandating unfair housing ordinances, causing housing providers to be left vulnerable to these well-funded tenant welfare groups and their cadre of uber-wealthy attorneys?
Please join the largest ever “Protest” and read the article by Dan Faller. We are a grassroots organization that is only as effective as our base is active; we are relying on you to contact your council members and give to the AOA Political Action Committee fund so we can fund lawsuits that will bring accountability to lawmakers that are hell-bent on giving away your properties. ]