Los Angeles Moves Closer to Enacting Right to Counsel Ordinance for Renters Facing Eviction
The City of Los Angeles has taken a significant step toward ensuring legal protection for renters facing eviction with the advancement of a new Right to Counsel ordinance. On Wednesday, September 11,2024 the City Council voted unanimously (11-0) to direct the city attorney to revise the draft ordinance for further clarity and refinement of its provisions. The city attorney has 30 days to present the updated version to the council for further review.
While Councilmembers Paul Krekorian and Curren Price abstained from voting due to their roles as landlords, their colleagues Eunisses Hernandez and Imelda Padilla were absent from the session.
This ordinance, if passed, would offer legal defense to tenants through a city-funded program, either from the annual budget or United to House LA funds. Tenants would be eligible if they meet the following criteria:
Reside in Los Angeles
Have an income at or below 80% of the area median income (AMI), as determined by the U.S. Department of Housing and Urban Development (HUD)
Do not share their dwelling with their landlord
According to the draft ordinance, tenants must request legal assistance within 30 days of receiving notice of eviction, provided they are not in default. Legal representation would continue until the eviction process is resolved, whether through case dismissal, withdrawal of the eviction notice, or a court ruling on the case.
Additionally, Councilmember John Lee introduced an amendment requiring landlords to provide tenants with paperwork outlining their rights and the available legal support. This information would also be translated into multiple languages to ensure accessibility for all tenants.
However, not everyone is in favor of the proposal. Jesus Rojas, government affairs coordinator for the Apartment Association of Greater Los Angeles, expressed opposition, calling the ordinance "premature." He cautioned that the city might be relying on underperforming funds from the ULA tax to finance the program. He suggested that instead of paying private attorneys, the funds could be better used to provide direct rental assistance, preventing evictions in the first place.
Rojas emphasized that 96% of evictions result from unpaid rent, with an average amount owed being less than $4,000. In his view, addressing unpaid rent would be more cost-effective than legal battles, where attorney fees can reach $250 per hour.
Measure ULA, passed by Los Angeles voters in November 2022, introduced a 4% tax on properties sold for over $5 million and a 5.5% tax on sales exceeding $10 million. Since its implementation in April 2023, the tax has generated $340 million in revenue, according to the L.A. Housing Department.
Housing advocates remain steadfast in their support of the right to counsel. Daniel Jimenez, director of community organizing with Inner City Struggle and member of the Keep LA House Coalition, emphasized that providing legal representation ensures fairness in eviction proceedings. He highlighted the harsh reality that without legal counsel, tenants often lose their cases or resort to self-eviction due to a lack of understanding of their rights.
As of early September, Los Angeles had recorded 147,532 eviction warning notices, with approximately 136,436 related to non-payment of rent, as reported by the Housing Department.
The push for a Right to Counsel ordinance in L.A. is part of a broader movement seen in cities like San Francisco, New York, and Philadelphia, which have already implemented similar programs. Last year, several council members, including Nithya Raman, Bob Blumenfield, Hugo Soto-Martinez, Heather Hutt, Eunisses Hernandez, and Katy Yaroslavsky, initiated the proposal to strengthen renter protections across the city.
With the revised draft ordinance expected to return for review soon, the City of Los Angeles continues its efforts to expand protections for vulnerable tenants and address the growing housing crisis.
