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When Los Angeles Tenants Are Entitled to Relocation Assistance

 
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When Los Angeles Tenants Are Entitled to Relocation Assistance

Prepared By: Melissa C. Marsh, Los Angeles Landlord-Tenant Attorney
Written: September 2009 - Last Updated: August 2016
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Every week I receive questions about relocation assistance from California tenants in the greater Los Angeles area who have been served with a notice to vacate inquiring about whether or not they are entitled to relocation assistance. This article explains: (1) who is entitled to relocation assistance; (2) what amount a landlord must pay in relocation assistance; and (3) when the relocation assistance must be paid.

If you have additional questions regarding relocation assistance for tenants in Los Angeles, West Hollywood, Santa Monica, Pasadena or Glendale or would like the assistance of a Los Angeles county landlord tenant attorney, please schedule a low cost SAME DAY telephone consultation (as little as $85) by completing our Telephone Consultation Request Form and Melissa Marsh will call you back at the time you select.

Landlords with multi-family residential properties, or single family residences operating as a "boarding house," located in Los Angeles County that were originally built on or before October 1, 1978, are required to provide monetary relocation assistance when evicting tenants from units covered by the Los Angeles Rent Stabilization Ordinance (RSO) if:

  1. The eviction is due to condominium conversion, or for commercial use of the property (LAMC 151.09.A.10) -- Landlords must file a Landlord Declaration of Intent to Evict prior to giving notice to tenants;

  2. The landlord evicts for his or her personal occupancy, a resident manager, or that of the landlord's spouse, parents, or children (LAMC 151.09.A.8) - Landlords must file a Landlord Declaration of Intent to Evict prior to giving notice to tenants (see, Evictions For Occupancy By Landlord, Landlord's Immediate Family, or Resident Manager);

  3. The rental unit requires permanent eviction for Primary Renovation in accordance with a Tenant Habitability Plan accepted by the Los Angeles Housing Department. (LAMC 151.09.A.9); (Ordinance No. 176,544, effective 5/2/05.);

  4. The rental unit is permanently removed from the rental housing market, or requires eviction for demolition (LAMC 151.09.A.10). A County Recorded Memorandum must be filed together with the Landlord Declaration of Intent to Evict AND tenants must receive a 120-day written notice. (See further instructions in Ordinance 173,868, effective 5/16/2001.);

  5. The landlord evicts to comply with a governmental agency's Order to Vacate (LAMC 151.09.A.11). Landlords must file a Landlord Declaration of Intent to Evict prior to giving notice to tenants.; OR

  6. The Secretary of Housing and Urban Development is both the owner and plaintiff and seeks to recover possession in order to vacate the property prior to sale (LAMC 151.09.A.12).

In addition, California Health & Safety Code Section 50651 and Ordinance 174,477 (effective 3/21/2002) provide for tenant relocation fees when a local enforcement agency orders the unit vacated due to an immediate threat to the tenants’ health and safety and the owner fails or refuses to pay the relocation fee to displaced tenants. The fees may be paid by the enforcement agency issuing the order and shall be recovered from the owner at the rate of 1˝ times the original relocation fee paid.

If you have determined that you are entitled to relocation assistance, the next question is what amount of relocation assistance is the landlord required to pay?

If a tenant is residing on a "Mom and Pop" Property (4 or less units owned by a person who has 4 or less residential units in Los Angeles and a single family residence on a separate lot), and the landlord seeks to have an eligible relative move into your rental unit, then the landlord is required to pay $7,600 for "Eligible" Tenants and $15,300 for "Qualified" Tenants.

If the tenant is residing on a property with more than 4 units, OR if the landlord owns more than four units in Los Angeles County (e.g. 2 separate 4 unit buildings), the required relocation assistance depends on: (a) how long the tenant has resided on the property, (b) whether the tenant is "qualified," and (c) whether the tenant's income is below 80% of the average medium income.

A "qualified" tenant is any tenant who is: (1) 62 years of age or older; or (2) disabled as defined under California Health and Safety Code Section 50072; or (3) residing with one or more minor dependent children. All other tenants are "Eligible."

Effective July 1, 2016 through June 30, 2017

Type of Tenant
Eligible or Qualified
Resided in the Rental
Less Than 3 Years
Resided in the Rental
3 Years or More
Income Below 80% AMI
($48,650 for 1 tenant; and $55,600 for 2 tenants)
Eligible $7,900 $10,400 $10,400
Qualified $16,650 $19,700 $19,700

Relocation Assistance Payable By Mom & Pop Landlords effective July 1, 2016 - June 30, 2017

Eligible
Tenant
Qualified
Tenant
$7,600 $15,300

Another frequently asked question is how much is owed if there are multiple tenants in a rental unit. When there is only one tenant, the entire relocation assistance fee is to be paid in full to the only tenant in the rental unit. If there are multiple tenants in a rental unit (e.g. roommates), then each tenant is entitled to a prorata share of the relocation assistance fee.

If you have additional questions, or would like the assistance of a Los Angeles county landlord tenant attorney, please schedule a telephone consultation for as little as $85 by completing our Telephone Consultation Request Form and Melissa Marsh will call you back at the time you select.

© 2009 - 2016 Melissa C. Marsh. All Rights Reserved.

 
 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.


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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.