LA County board OKs free eviction legal defense for tenants

The Los Angeles County Board of Supervisors on Tuesday approved an ordinance that will offer free legal representation to tenants facing eviction.

The Tenant Right to Counsel Ordinance applies to eviction attempts in unincorporated neighborhoods in the county and goes into effect Jan. 1. The ordinance significantly expands the Stay Housed LA program, which since 2020 has provided tenants with information and resources in an effort to minimize displacement and homelessness, according to a county statement.

The new legal assistance program will connect attorneys with tenants who have received an unlawful detainer in unincorporated LA County and whose household income is no more than 80% of the area median income.

“A lack of access to legal representation discourages tenants from challenging unlawful evictions and asserting their rights, which contributes to the disruption of families and communities and homelessness in the County,” according to a county statement.

“By unanimously approving the Tenant Right to Counsel Ordinance, the Board of Supervisors will grant (the Department of Consumer and Business Affairs) and its partners the authority to provide access to justice and guaranteed legal representation to vulnerable LA County tenants facing eviction,” officials said.

Landlords now will be required to provide tenants with notice of the county’s eviction defense program in English and any other frequently spoken languages when they serve a notice of tenancy termination. The program notice also must be posted at rental properties in an accessible area and on-site management offices. Violations of any of the new law’s requirements are a misdemeanor with penalties including a fine as much as $800, six months in jail or both.

“This type of change and investment in our communities does not happen without the bold leadership and compassion demonstrated by our Board of Supervisors as well as the support of our 25 CBOs that comprise our program,” Rafael Carbajal, director of the LA County Department of Consumer and Business Affairs, said in a statement.

“The Tenant Right to Counsel Ordinance has been years in the making and is a momentous occasion,” Carbajal said. “DCBA welcomes the opportunity to significantly expand Stay Housed LA and increase our tenant protection efforts, while continuing to advance initiatives and services that create a more equitable Los Angeles for property owners, renters, workers, and County residents.”

Stay Housed LA is a partnership between the county, the city of Los Angeles, Legal Aid Foundation of Los Angeles, Liberty Hill Foundation and a network of more than 20 organizations that provide legal and community services.

“Together they have helped over 3,500 tenant households in the County’s service area by providing limited legal services and full-scope legal representation in calendar year 2023,” according to the county. “DCBA projects that within this fiscal year alone, over 15,000 residents that live in unincorporated communities and cities, other than the City of Los Angeles, from within the County will seek Stay Housed LA’s services.”

Holly Mitchell, 2nd District LA County supervisor, said the right-to-counsel program furthers equity, pointing out that Black and Brown communities face a large number of eviction notices and that the program “is a part of a larger vision to achieve universal access to legal representation for every Angeleno in both civil and criminal cases where L.A. residents regardless of income, will have the ability to access affordable legal services.”

In a statement following the board’s vote, Mitchell said, “Once the ordinance goes into effect, it will be a significant resource in providing legal representation for renters in eviction court. I am proud to have authored the motion with Supervisor Solis to create this ordinance and look forward to next month’s vote to pass it officially.”

The program’s funding through the end of this fiscal year, which began July 1, is mainly from the American Rescue Plan Act. Keeping the program going after June 30, 2025, however, will require $24.5 million from the county.

Supervisor Kathryn Barger said she was concerned about the uncertain funding scenario for the near future.

In response LA County CEO Fesia Davenport referred to the county’s the anti-homelessness sales tax as a possible future funding source.

“Beyond 2025, this would qualify for Measure H dollars as a possible backfill, so that would basically be a policy decision of the board,” Davenport said, adding that her office would work with the DCBA to try to find funding for the ongoing program as the costs increase over time.

According to DCBA data that Mitchell cited, since May 2022, “Stay Housed LA has facilitated over 1,800 full scope legal cases for the county residents who live outside the city of Los Angeles. Nearly 97% of these have resulted in either the tenants (staying) in their home, or a favorable settlement to move to a new place. This data demonstrates this program’s important impact for our county residents.”

Supervisor Hilda Solis, who co-introduced with Mitchell the motion for the right-to-counsel ordinance, said, “We’re not just one county that’s thinking about this. There are 17 cities that have adopted similar ordinances in five states.”

Also citing DCBA figures, Solis added that approximately 10,200 LA County households received eviction notices in 2023, while 90% of tenants face unlawful detainers without legal representation. She said the program potentially would assist 9,000 people.

Mitchell said efforts are in the works to help small property owners, noting a pending report by the Department of Economic Opportunity that will recommend measures to support landlords.

“As we discussed last summer, I continue to hear from small property owners in my district, many of whom are Black and Brown, that the county’s housing laws are complex for them to navigate — for both small mom-and-pop landlords, as well as tenants alike,” Mitchell said.

Kelly Lobianco, director Economic Opportunity Department, said she expected the report to be completed by the end of July.

More information on Stay Housed LA is available by visiting stayhousedla.org or calling 888-694-0040.

Supervisors will reconsider the right-to-counsel program for final approval in August.

City News Service contributed to this report.