Routine rental inspections in unincorporated areas of Los Angeles County, California, will begin in November following a unanimous decision by the Los Angeles County Board of Supervisors in April 2023 to support greater habitability protections. Created by “Ordinance No. 2024-0020” and “Ordinance No. 2024-0021,” which both go into effect on October 23, the protections will support renters by (1) mandating routine inspections every four years for each unit in unincorporated areas; and (2) establishing a Rent Escrow Account Program (REAP) that allows renters to pay rent at a reduced rate into an account inaccessible to their landlords if landlords fail to make necessary repairs to renters’ units after 21 calendar days have passed since notification. The law does not apply to rental housing units in buildings also occupied by a landlord, short-term rentals, or other properties already subject to habitability inspections under federal, state, or local law.
Under Los Angeles County’s new renter protections, building inspectors may allow an extension to the repair timeframe of up to 30 calendar days if necessary to ensure the completion of any mandated repairs flagged during the inspection process. However, any repair that imminently endangers the tenant’s safety and well-being must be remedied within 24 hours of notice of the violation being issued to the landlord by a building inspector. If landlords fail to make repairs and their properties are placed under REAP, tenants can use the money placed into the escrow account to pay for repairs themselves, or they can choose to wait for landlords to complete the repairs themselves.
Landlords whose properties are placed into REAP are also subject to added fines and penalties up until the time their units are able to meet habitability standards, including a $500 administrative fee for each unit that continues to have unaddressed repair needs. Under the law, landlords are required to have a local contact representative to act on behalf of the landlord, accept any inspection notices, and ensure that all repairs are completed in a timely manner.
Los Angeles County’s rental inspection program occurs in two-phases. This month, the Department of Public Health's Environmental Health Division will begin to administer thirty-day notices of rental inspections for residential buildings across LA County, starting with properties that have a documented record of continuous health and safety violations. Landlords are then required to display the notices in public places or common areas where tenants can easily see them. After a building has been inspected, individual residential units can be placed under a more routine inspection process if there are persistent habitability issues within a residential unit. Landlords must give tenants a written notice within 24 hours if their individual units have been selected for inspection.
Under the new inspection program, approximately 115,761 LA County renters will have their units assessed for needed repairs and will have the opportunity to utilize REAP if repairs are not made. Previously, in unincorporated areas, only properties with five or more rental units were subject to regular inspection. Other properties were inspected on a complaint-driven system, though such a system has failed to capture the repair needs of tenants who may have been reluctant to report concerns for numerous reasons, including fear of retaliation. The new proactive inspection process will put the burden of reporting housing code violations on the county rather than the tenant. This can increase compliance – by ensuring that a locality’s rental housing stock is maintained and that residents live in healthy conditions – and reduce the opportunity for landlord retaliation and retaliatory rent increases or evictions.
These protections will also help to improve housing conditions, promote housing stability, and reduce the financial burden of repairs for LA County tenants. Faulty housing structures and conditions can reduce the safety and quality of housing and have detrimental impacts on tenants’ health, well-being, and overall housing stability. Substandard housing conditions pose a particular risk to young children, seniors, and people with chronic illnesses. The presence of habitability-related concerns can also increase a tenant’s risk of experiencing housing instability. Mandating regular inspections will help to ensure that tenants have quality living environments fit for habitation that they can live in for the long-term without risking their health or compromising on housing that is safe, stable, and affordable.
The presence of health and safety issues can result in increased financial burdens for tenants, as tenants may try to remedy the problem themselves, or in increased housing instability, as tenants may choose to relocate rather than report an issue to a landlord they fear may be unresponsive or may retaliate. The ability to use rent funds held in escrow to directly pay for repairs will alleviate some of this financial burden for tenants. Requirements that landlords respond to repairs in a timely manner will also prevent the forced relocation of tenants, as landlords will face financial consequences if they fail to address repair needs within a reasonable period of time.
Speaking about the importance of the passage of LA County’s new protections, Residents United Network (RUN) leader and activist and NLIHC board member Zella Knight stated that “every resident deserves an affordable, safe, habitable place to call home. Protecting residents from harm is essential for our communities to enhance and sustain a greater quality of life and stress relief.”
LA County’s new rental inspection program will be funded through an annual $86 program fee per unit, which covers the cost of administering the program and inspections. Under the law, a landlord can “passthrough” or require a tenant to pay up to 50% of the yearly fee, however. More information about LA County’s new rental inspection and rent escrow account program can be found here.
NLIHC released in August 2024 four toolkits highlighting key tenant protections that support tenant’s rights at the state and local level, including laws that strengthen code enforcement processes and habitability standards in the rental market. Each toolkit provides an informational overview of the core elements of the four identified protections. Read more about the importance of code enforcement and habitability standards here.