The Rent Stabilization Ordinance (RSO) allows a landlord seeking in good faith to recover possession of a rental unit for use and occupancy as a primary place of a residence for themselves, their spouse, grandchildren, children, parents or grandparents. A property owner wishing to regain possession for these reasons must submit a Declaration of Intent to Evict for Landlord Occupancy. For details, please read the Eviction for Occupancy by Owner, Family, Manager Bulletin.
What to Expect
You will receive a Letter of Introduction from HCIDLA advising you that an application of Intent to Evict has been filed by your landlord. It will indicate the following:
- Advise you that an application of Intent to Evict has been filed by your landlord. It will indicate the following: Type of eviction; Case Number – for example LD050000; Assigned Analyst name and contact information; Contact Information to City’s Relocation Consultant.
Your case will be referred to the City’s Relocation Consultant who will contact you to conduct an over-the-phone interview and provide you with transportation and support during your relocation.
- The purpose of the interview is to determine the following:
Notice of eviction
You are entitled to a 60-Day Notice of Eviction if you have occupied your rental unit for a year or more or a 30-Day Notice of Eviction if you have occupied your rental unit for less than a year, in accordance with State Law.
If you continuously resided in your rental unit for at least 10 years and are either (1) 62 years of age or older OR (2) disabled as defined in Title 42 United States Code Section 423 or handicapped as defined in Section 50072 of the California Health and Safety Code, you are considered a protected tenant. You may also be considered a protected tenant if you are terminally ill as certified by a treating physician licensed to practice in the State of California, regardless of your length of tenancy.
If you are a protected tenant, a landlord cannot recover the possession of your unit for the occupancy of the owner, eligible family member, or resident manager.
You may be entitled to relocation assistance fees. The City’s Relocation Consultant will determine the amount relocation fees you are entitled to, otherwise the determination will be based on the information provided by your Landlord.
If you disagree with the relocation assistance determination, you have the right to appeal the determination within 15 days of the issuance of the relocation determination issued by the City’s Relocation Consultant.
If you are entitled to relocation assistance, the property owner should provide you with your relocation assistance payment within 15 days of service of the eviction notice. This payment can be made either directly to you or through an escrow account.
If you have any questions on this process, please contact your assigned analyst (provided on the HCIDLA correspondence).
Appealing the relocation assistance determination
All parties have a right to appeal the Tenant Relocation Determination within 15 calendar days from the date of their determination. Appeals must be received by HCIDLA with the completed Appeal Form and the $200 filing fee made payable to “City of Los Angeles.”
There is a low income exemption waiver for the $200 appeal fee.To qualify for an exemption from the appeal filing fee, the applicant’s annual household earnings must be no more than 50% of the median income in the Los Angeles area. If you do not qualify for an exemption, you must submit the $200 filing fee before an appeal can be scheduled.
Your rights and responsibilities
In addition to the to relocation assistance and relocation services the RSO provides tenants with additional protections.
The property owner may only gain possession of the unit which is occupied by the most recent tenant. The property owner may not regain possession by displacing a unit if there is a comparable rental unit in the building that is vacant..
If you are not the most recent tenant that moved into the building and have questions about this process, please contact your assigned analyst as provided on the HCIDLA correspondence.
Interested in Returning to the Unit Should it Become Available?
If you are interested in returning to the unit you must:
- Advise the landlord in writing by completing the Owner/Resident Manager Occupancy Notice to Landlord of Interest in Renewing Tenancy, within 30 days of your displacement that you are interested in considering an offer to renew the tenancy should the unit become available. We recommend that you also provide a copy to HCIDLA.
Advise the landlord and the Department anytime during the two year period of eligibility of a change of address to which the landlord may direct the offer.
If you informed the landlord in writing of your desire to consider an offer to renew your tenancy, the property owner must:
Inform you via certified mail that the unit is available (if it becomes available). The notice from the landlord shall describe the terms of the offer.
Provide you with 30 days to respond to the offer.
You have 30 days from the deposit of the offer in the mail to accept the offer. You can do this by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.