Los Angeles' New Right to Counsel Ordinance: What Property Owners Need to Know - Real Estate Law, Corporate Law : Davidovich Stone Law Group

Los Angeles’ New Right to Counsel Ordinance: What Property Owners Need to Know

May 8, 2025 0 Comment Category: Landlords and Tenants

On April 1, 2025, the Los Angeles City Council unanimously approved the Right to Counsel ordinance, granting low-income tenants facing eviction the right to free legal representation. While aimed at addressing housing insecurity, this law introduces new responsibilities and potential challenges for property owners.

Key Provisions of the Right to Counsel Ordinance

Eligibility: Tenants earning less than 80% of the area median income (AMI) qualify for free legal representation during eviction proceedings.CaloNews.com+3LAist+3SAJE –+3
Implementation: The program will be phased in over five years, prioritizing tenants in high-vulnerability ZIP codes.SAJE –+1LAist+1
Administration: Stay Housed LA, a collaboration between the city, county, legal service providers, and community organizations, will oversee the program.Wikipedia+7SAJE –+7CaloNews.com+7
Funding: Financed by Measure ULA, a tax on property sales exceeding $5 million, with 10% allocated to the Right to Counsel program.

Obligations for Property Owners

1. Notification at Lease Signing

Property owners must provide tenants with written notice of their right to free legal representation at the time of lease signing.

2. Notification During Eviction Proceedings

When initiating eviction, landlords are required to serve tenants with an official notice detailing their right to counsel. This notice must be:

Served in the tenant’s primary language.
Posted in a prominent location within the property, such as lobbies or common areas.LA County Consumer Affairs

3. Language Requirements

If the tenant’s primary language is unknown or a translation isn’t provided by the city, landlords must serve the notice in English and all languages made available by the Los Angeles Housing Department (LAHD).

Consequences of Non-Compliance

Failure to adhere to these requirements can result in:

Legal Challenges: Tenants may use non-compliance as a defense in eviction proceedings, potentially delaying or halting the process.
Financial Penalties: Civil fines up to $800 per violation and potential criminal charges, including imprisonment for up to six months.Apartment News Publications+2LA County Consumer Affairs+2LA County Consumer Affairs+2
Extended Eviction Timelines: Non-compliance can lead to prolonged legal battles, increasing costs and vacancy periods.

Preparing for the Changes

Property owners should take proactive steps to comply with the ordinance:

Update Lease Agreements: Incorporate the required notices into all new lease documents.
Train Staff: Ensure property management teams are informed about the new requirements and procedures.
Consult Legal Counsel: Seek guidance to navigate the complexities of the ordinance and avoid potential pitfalls

Conclusion

The Right to Counsel ordinance represents a significant shift in Los Angeles’ approach to tenant protections. While it aims to address housing instability, it imposes new responsibilities on property owners. Staying informed and compliant is essential to mitigate risks and maintain successful rental operations.

FAQs

Q1: Who qualifies for free legal representation under the ordinance?

Tenants earning less than 80% of the area median income (AMI) who are facing eviction proceedings.LA County Consumer Affairs+5CaloNews.com+5Civil Right to Counsel+5

Q2: What notices are landlords required to provide?

Landlords must inform tenants of their right to counsel at lease signing and again during eviction proceedings, using official notices provided by LAHD.

Q3: In what languages must the notices be provided?

Notices must be served in the tenant’s primary language. If unknown, landlords must provide the notice in English and all languages made available by LAHD.

Q4: What are the penalties for non-compliance?

Penalties include civil fines up to $800 per violation, potential criminal charges, and possible imprisonment for up to six months.Apartment News Publications+2LA County Consumer Affairs+2LA County Consumer Affairs+2

Q5: How can property owners prepare for these changes?

By updating lease agreements, training staff, and consulting with legal professionals to ensure full compliance with the new ordinance.

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