Effective Date: August 20, 2025
Ordinance No. 188681 – Right to Counsel Program (LAMC Chapter XVI, Article 6)
Starting August 20, 2025, landlords in Los Angeles will face a new legal landscape when pursuing evictions. The City has officially adopted a Right to Counsel Program, which guarantees free legal representation to eligible tenants facing eviction or subsidy termination. This ordinance, codified as Article 6 of Chapter XVI of the Los Angeles Municipal Code, imposes new obligations on landlords and introduces new defenses for tenants.
At the Law Office of Aaron Kohanim, we help landlords navigate every step of the eviction process. Below is a summary of the key changes and how they affect your rights as a property owner.
What Is the Right to Counsel Program?
The Right to Counsel Program provides free legal representation to qualifying tenants in:
- Unlawful detainer (eviction) cases, and
- Administrative proceedings that may result in termination of a rental subsidy (e.g., Section 8)
To qualify, tenants must meet all of the following:
- Live in a rental unit in the City of Los Angeles
- Reside in a zip code approved for coverage by the Housing Department
- Earn 80% or less of Area Median Income (AMI)
- Not share the same unit with their landlord
- Apply for representation within 30 days of being served an eviction lawsuit or notice of subsidy termination
Landlords Must Provide a New “Right to Counsel” Notice
Landlords are now required by law to serve a Right to Counsel Program (RTCP) Notice to tenants in the following situations:
- At the start of tenancy
- With any eviction notice (3-day notice, 30/60-day notice, etc.)
- With any notice terminating rental subsidies
- With any correspondence about a subsidy-related administrative hearing
The RTCP Notice Must Be:
- Provided in the tenant’s primary language if available on the LA Housing Department website
- Posted conspicuously in common areas of the building
- Accompanied by all translations made available by the City if the tenant’s language is unknown
Failure to comply with this requirement gives the tenant an affirmative defense in eviction court.
How Does This Affect Evictions in Los Angeles?
The new ordinance will significantly impact how evictions are filed and litigated:
1. Stronger Tenant Defenses
Tenants who qualify for the program will now have access to trained attorneys who may raise defenses such as:
- Improper notice
- Habitability violations
- Retaliatory eviction
- Violation of the Right to Counsel Ordinance
2. New Risk of Attorney’s Fees
If the landlord fails to comply with any part of the ordinance (e.g., failing to serve the RTCP Notice), and the tenant successfully raises this as a defense, the landlord will be ordered to pay the tenant’s attorney’s fees and court costs.
Does This Create Liability for Landlords?
While the ordinance does not create a private right of action against the City, landlords are still fully liable for noncompliance with notice requirements. The attorney-client relationship exists solely between the tenant and the appointed legal service provider—not the City.
What Should Landlords Do Now?
Landlords should act quickly to adapt to these new requirements before the ordinance becomes enforceable on August 20, 2025.
Recommended Action Steps:
- Update your eviction notice templates to include the RTCP Notice
- Download and translate the RTCP Notice from the LA Housing Department website
- Train staff and managers on compliance procedures
- Consult with an experienced landlord attorney before filing any eviction action
We’re Here to Help
Contact the Law Office of Aaron Kohanim today to schedule a consultation. You can call us at (310) 861-7506. If you prefer to send a quick message, visit our Contact Us page.
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