A resolution proposed by Supervisor Lindsey Horvath would provide a blanket, unconditional affirmative defense to eviction for non-payment of rent for an entire year. This is despite renters receiving rental assistance from the county in the amount of $32 million, and also from insurance carriers, FEMA, California Community Foundation, L.A. Rises and many other nonprofit and for-profit groups as well as unemployment benefits from the state.

In fact, more than $650 million has been raised through a series of benefit concerts and other events to help wildfire victims, so why must housing providers once again bear the financial burden associated with a crisis?

A year-long moratorium or affirmative eviction defense will set renters up for failure and eviction without the possibility of settlement. We saw during Covid-19 that many renters able to pay their rents simply chose not to do so and were caught by surprise when the moratorium ended and the deadline to pay their long delayed rent became due.

In addition, small rental housing providers cannot afford to carry non-paying renters for an entire year and will be forced into selling their properties resulting in less affordable rental housing in the county. According to a study by the Wall Street Journal, more than $1 billion in past due Covid-era rent is still owed to Los Angeles area housing providers. 

No proof needed to substantiate claims

In addition, any renter (who has clear overwhelming financial incentive) can merely “attest” that they were impacted. According to Supervisor Horvath’s proposal, no verifiable proof whatsoever is to be required to show that they were actually impacted.

It is this “self-attestation” that was a license to lie, cheat and steal under the Covid-19 eviction moratorium, and lead to widespread fraud and abuse.

Is this also the approach that the supervisors will use when providing funding to renters from their new fund? Why should renters receive a lower proof standard when private property owners are being forced to provide financial aid in the form of delayed rent payments than the county’s own proof requirements?

Further, this resolution prohibits rental housing providers from charging late penalties, interest or other legitimate late costs for an entire year related to late payment of rent.

Landlords face ‘horrifically abusive treatment’

Once again rental housing providers are being singled out for horrifically abusive treatment by the Board of Supervisors.

Where are the price controls on grocery stores for the price of eggs or a waiver of theft laws for individuals that take those eggs without paying for them?

Rental housing providers are still struggling with huge amounts of unpaid back rent due to Covid-19 moratoriums. Another year-long moratorium will only force many more mom-and-pop owners out of business and their properties to developers for rebuilding as luxury condominiums or luxury apartments further fueling gentrification.

It is extremely unfortunate that the County Board of Supervisors now chooses to go back to their Covid-era playbook and reinstitute an eviction moratorium irrespective of the type of lease violation. The last time this was utilized, the eviction moratorium was interpreted by many renters as a “rent holiday” leaving many housing providers going months and in some cases years of not collecting rent while residents took advantage of the emergency as property owners observed renters taking expensive vacations or buying luxury automobiles while they skirted obligations to pay rent.

Going back to the same playbook in the County of Los Angeles will only cause more of the same financial turmoil to befall housing providers.

Daniel Yukelson is the chief executive and executive director of the Apartment Association of Greater Los Angeles.