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ACTION ITEM - Discussion of Rental Assistance to Support Tenants Facing Eviction as an Extension of Right to Counsel Programming
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Meeting Date: May 14, 2025
Contact Person/Dept.: Tevis Barnes, Housing and Human Services
Shannon Louis, Housing and Human Services
Phone Number: (310) 253-5787
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Public Notification: (E-Mail) Meetings and Agendas - Housing and Homelessness Subcommittee (xx/xx/xxxx)
Department Approval Name, Title Date: Tevis Barnes, Housing and Human Services Director (05/07/2025) _____________________________________________________________________
RECOMMENDATION
Staff recommends the Council Standing Subcommittee on Housing and Homelessness discuss considerations to provide rental assistance as an extension of right to counsel programming to tenants facing eviction.
BACKGROUND
On March 3, 2025 the City Council directed staff to prepare an urgency ordinance establishing a Tenant Right to Counsel Program. On March 17, 2025, after discussing the options for a Tenant Right to Counsel Program, the City Council introduced an interim ordinance which would establish a Tenant Right to Counsel Program for a period of 12-months (the “Pilot Program”). On April 14, 2025, staff returned to Council with the interim ordinance and Pilot Program provisions for consideration and adoption. Council did not adopt the Tenant Right to Counsel Program. During that meeting, Council directed staff to return with options for a direct rental assistance program as an extension of right to counsel programming for Council to determine how to allocate resources to these programs.
DISCUSSION
The purpose of this staff report is to provide information related to rental assistance programs in nearby jurisdictions provided as an extension to existing or expanding right to counsel programming. Staff met with City of Santa Monica and Stay Housed LA County to discuss their right to counsel programs and provisions of rental assistance.
City of Santa Monica (Santa Monica)
In 2021, Santa Monica launched their contract with Legal Aid Foundation of Los Angeles (LAFLA) to provide full scope eviction defense services under a pilot right to counsel program. In March 2025, Santa Monica’s staff returned with recommendations to protect tenants in Unlawful Detainer (UD) proceedings and estimate the funding required to assist all vulnerable renters facing rent increases or eviction for non-payment of rent. The recommendations include 1) Providing legal services to all tenants facing eviction and access to up to $20,000 in eviction prevention financial assistance for tenants with an unlawful detainer who are at or below 80% Area Median Income (AMI); 2) Up to $5,000 in emergency assistance and $10,000 in ongoing assistance per fiscal year for households at or below 80% AMI facing housing unaffordability; and 3) Prioritization of services when resources are limited based on vulnerability factors including, but not limited to, the length of tenancy, presence of minor children, seniors, and disabled tenants in the household.
Santa Monica specifies that a 5-year implementation period is needed to assess program performance and further understand funding needs. To expand their existing legal services provided by their existing right to counsel pilot program and create a rental assistance program, a budget impact of up to $8 Million initially is expected - $2 Million of which would go towards the expansion of their right to counsel program and the remaining $6 million towards the rental assistance program. The funding will come from Santa Monica’s Measure GS ($7 Million), which established dedicated tax funding for Santa Monica schools, homelessness prevention and affordable housing and a one-time grant of $1 million from the State’s Prohousing Incentive Program. Santa Monica anticipates serving up to 582 households in the rental assistance program and offering full scope legal services for up to 200 additional tenants for their right to counsel program at this funding level.
County of Los Angeles (County)/Stay Housed LA (SHLA)
The County’s Right to Counsel Ordinance establishes a right to counsel program to extend full and limited scope services, tenant navigation services, outreach and education, and rental assistance to tenants facing eviction. The County’s program is administered by SHLA, which provides eviction defense services to the entire County. Tenants seeking financial support can receive up to $20,000 in rental assistance payments for a maximum of 12-18 months. Typically, the rental assistance is provided when a UD case has reached trial to aid in covering a resolution or settlement for any past due rent. However, tenants with past due rent who have not yet received a UD can still be granted rental assistance, subject to the maximum amount and timeframe above. All rental assistance payments are made directly to the landlord or to moving and/or utility companies. Last fiscal year, there was $1.58 Million in rental assistance payments provided to 138 applicants, for an average total of $11,400 and 10-months. The budget for fiscal year 2025/2026 is $24.5 Million, of which $4 Million is dedicated to rental assistance.
Funding sources for the County’s right to counsel work includes the American Rescue Plan Act (ARPA), Emergency Rental Assistance Program (Federal), Net County Cost, L.A. Care/ California Department of Healthcare Services Housing and Homelessness Incentive Program Grant, Permanent Local Housing Allocation (SB2), Measure A and a Memorandum of Understanding with the City of Long Beach. However, not all funding can be used for rental assistance or will be used each fiscal year. Lastly, Stay Housed anticipates that the program will not be fully scaled to capacity until fiscal year 2030/2031.
Culver City’s COVID-19 - Emergency Rental Assistance Program (COVID-19 - ERAP)
On May 26, 2020, the Council adopted resolutions to create the COVID-19 Emergency Rental Assistance Program (COVID-19 ERAP) to prevent evictions among low-income Culver City renters impacted by COVID-19. In August 2020, the Council and Authority Board appropriated $1.5 million from the Low and Moderate Income Housing Asset Fund (LMIHAF) of the former Culver City Redevelopment Agency to support up to 125 low-income eligible households through the provision of either a 12-month rental subsidy or a one-time three-month catch up rental assistance. The funds were apportioned between $355,000 for up to 50 income eligible households to receive one-time three-month catch-up rental assistance and $1.14 million to assist up to 75 income-eligible households with 12-months of rental assistance.
Applicants were required to reside in Culver City with a current rental agreement, have an income at or below 80% AMI, and be financially impacted by circumstances related to the COVID-19 pandemic. There were 151 applications received. 33 applications were submitted for three-month catch up grants, 11 of which were approved, and 118 applicants requested 12-month rental assistance, with 58 approvals. The average rental assistance payment under the 3-month catch-up grant was $7,100 and the annual rental subsidy for the 12-month program was $15,200. All rental assistance payments were directly paid to the property owner.
FISCAL ANALYSIS
There is no expected fiscal impact from this discussion. However, if a rental assistance program is adopted, staff would need to provide Council with an estimate of the cost to operate the program.
ATTACHMENTS
1. Creation of the COVID-19 Emergency Rental Assistance Program Staff Report
2. Tenant Right to Counsel Urgency Ordinance Staff Report
3. Tenant Right to Counsel Interim Ordinance Staff Report