Tenant Right to Counsel Ordinances – City and County of Los Angeles

August, 2025

City of Los Angeles – Right to Counsel Program Ordinance

The City of Los Angeles has adopted a Right to Counsel Program (RTCP) Ordinance, codified in Los Angeles Municipal Code Sections 166.00 et seq., to provide free legal representation to qualifying tenants in eviction proceedings and administrative hearings that may result in the termination of tenancy or rental housing subsidies. The RTCP Ordinance is effective as of August 20, 2025.

The RTCP Ordinance applies to all residential rental units within the City of Los Angeles.

An Eligible Tenant is defined as a tenant whose gross household income is at or below 80% of the Area Median Income (AMI), based on the U.S. Department of Housing and Urban Development (HUD) income limits in effect at the time of application.

The Los Angeles Housing Department (LAHD) is responsible for preparing and publishing a Notice of Right to Counsel (RTCP Notice) in English and other commonly spoken languages. These notices are available on the LAHD website: https://housing.lacity.gov/RTC.

Beginning August 20, 2025, landlords of rental units in the City of Los Angeles are required to:

  1. Provide the RTCP Notice at the commencement of the tenancy;
  2. Attach the RTCP Notice to any eviction notice served on the tenant;
  3. Attach the RTCP Notice to any notice of termination of a rental housing subsidy (e.g., Section 8);
  4. Attach the RTCP Notice to any rental housing subsidy administrative proceeding correspondence that may result in the termination of the tenant’s rental housing subsidy; and
  5. Post and maintain the RTCP Notice in a conspicuous common area of the residential building where the tenant resides.

In situations (1) through (4) above, the RTCP Notice must be provided in the tenant’s primary language, if the LAHD has made available on its website a translation of the RTCP Notice in that language. If the tenant’s primary language is not known or a translation of the RTCP Notice in the tenant’s primary language is not available from the LAHD’s website, the landlord must provide the tenant with a copy of the RTCP Notice in English plus a copy of each RTCP Notice that the LAHD has translated and made available on its website.

In any action by a landlord to recover possession of a rental unit, an Eligible Tenant may raise as an affirmative defense the failure of the landlord to comply with any provision of the RTCP Ordinance. An Eligible Tenant who successfully asserts the landlord’s failure to comply as an affirmative defense is entitled to their reasonable attorney’s fees and costs.

Unincorporated Areas of Los Angeles County – Tenant Right to Counsel Ordinance

In 2024, Los Angeles County enacted its own Tenant Right to Counsel Ordinance (TRTCO), codified at Los Angeles County Code Chapter 8.60. The TRTCO establishes a program to provide free legal services to eligible tenants in unincorporated areas of Los Angeles County who are facing eviction proceedings.

Low-income tenants may qualify for legal assistance under the County’s Stay Housed LA Program if they meet all of the following criteria:

  1. Received an eviction notice, such as a Notice to Pay Rent or Quit, Notice to Terminate Tenancy, or a Summons and Complaint;
  2. Reside in an unincorporated area of Los Angeles County; and
  3. Have a household income at or below 80% of the AMI, as defined by the California Department of Housing and Community Development.

The Los Angeles County Department of Consumer & Business Affairs (DCBA) publishes a form Notice of Right to Counsel (DCBA Notice) in English and other commonly spoken languages.

Under the County’s TRTCO, landlords of rental units located in unincorporated areas of Los Angeles County are required to:

  • Post the DCBA Notice in an accessible area of the rental property and in any available on-site management office;
  • Provide the DCBA Notice to tenants when issuing a notice to vacate or a notice to terminate tenancy;
  • Provide the DCBA Notice in English and the language of the rental agreement, if other than English.

The DCBA’s Notice of Tenant Right to Counsel is available here: https://dcba.lacounty.gov/wp-content/uploads/2025/01/Notice-of-Tenant-Right-to-Counsel-FINAL.pdf

Noncompliance with the TRTCO may allow an eligible tenant to assert it as an affirmative defense in an unlawful detainer action and could also result in potential civil or criminal penalties.

The law firm of Wallace, Richardson, Sontag & Le, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

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