Housing Crisis Act and Resident Protections

The HCA establishes the types of development projects that are subject to HCA provisions. The RPO codified provisions applicable to housing development projects into City law, and expanded some requirements such as occupant protections, replacement requirements, and no net loss requirements. These requirements apply to the following project types:

• Discretionary housing projects with a final approval on or after January 1, 2020.
• Ministerial housing projects with an application submitted to City Planning, or for which the Los 
  Angeles Department of Building and Safety (LADBS) accepts a complete building permit Plan Check application, on or after January 1, 2022.
• Non-residential development projects that involve the demolition of housing unit(s) with a final approval on or after January 1, 2024.

Housing Unit Replacement Requirements
All housing development projects that demolish units (including Protected Units, units subject to the City’s Rent Stabilization Ordinance (RSO), and market rate units) must replace them with certain affordability and size requirements. Protected Units include units subject to a covenant, occupied by Lower Income tenants, subject to the RSO in the last 5 years, or removed via the Ellis Act in the last 10 years. All RSO units subject to the RPO shall be replaced on a one-to-one basis with covenanted affordable units.

Replacement Unit Determinations
A Housing Development Project must obtain a Replacement Unit Determination (RUD) letter from Los Angeles Housing Department (LAHD) as part of a complete application to City Planning or, if the project does not require a City Planning application, through the building permit clearance process with LADBS. Alternatively, if the project qualifies, a property owner may complete a No Net Loss Declaration (NNLD) in lieu of the RUD. Generally, a new Single Family Dwelling replacing an existing Single Family Dwelling that is not subject to the RSO or occupied by a Lower Income tenant is eligible for using the NNLD. If that project is on a Housing Element Site (See LAMC Chapter 1 Sec. 16.70 or LAMC Chapter 1A Sec. 4C.15.4), it may require a RUD. For full details regarding eligibility to use an NNLD in lieu of obtaining a RUD, please see the NNLD form. 

Housing Replacement Resources

• Resident Protections Ordinance (Chapter 1)
• Resident Protections Ordinance (Chapter 1A)
• Replacement Requirements and Occupant Protections Fact Sheet
• No Net Loss Declaration

Covenant Lengths
The RPO established a requirement that new Affordable Units are all subject to 99-year covenants, with limited exceptions. Some exemptions include for-sale projects, projects funded by public subsidies, or projects built via non-planning or zoning programs such as the Parks Fee. 

Fair Housing Requirements for Affordable Housing
Affordable units in mixed-income projects must also comply with the Fair Housing Requirements for Affordable Housing, which regulate their design, size, distribution, and access to amenities.

Questions about these requirements can be directed to LAHD-Landuse@lacity.org

Affordable Unit Requirements Resources

• Resident Protections Ordinance (Chapter 1)
• Resident Protections Ordinance (Chapter 1A)
• Replacement Requirements and Occupant Protections Fact Sheet
• Fair Housing Requirements for Affordable Housing

Occupant Protections
Existing occupants of demolished Protected Units are provided the Right to Remain for six months before the start of construction, the Right to Return if Demolition Does Not Proceed, and some relocation assistance for qualifying occupants. Lower Income tenants are also provided the Right to Return to a unit in the new development as well as an enhanced Right to Relocation benefit. The RPO also establishes a tenant's Private Right of Action, if the tenant's rights are violated.

Noticing Requirements
An existing occupant shall be allowed to occupy their unit until six months before the start of construction activities and must be given six-months notice prior to the date they must vacate regarding the planned timeline for demolition, the date they must vacate, and their rights under California Government Code Section 66300.6. In addition, project applicants must notify tenants of all of their rights under the RPO. Tenants exercising their Right to Return must be informed of a project’s progress towards obtaining a Certificate of Occupancy or Temporary Certificate of Occupancy, to enable tenants to make life planning decisions. See LAMC Chapter 1 Section 16.60 A.3(b)(5) or Chapter 1A Section 4C.15.1.C.3.e for more details on the RPO Tenant Notification Requirements.

Resident Protections Resources

• Resident Protections Ordinance (Chapter 1)
• Resident Protections Ordinance (Chapter 1A)
• Replacement Requirements and Occupant Protections Fact Sheet 

Optional Housing Crisis Act Vesting Preliminary Application
When the Housing Crisis Act of 2019 took effect, the City began implementing the State-mandated optional vesting preliminary application. An optional HCA Vesting Preliminary Application vests or "locks in" local ordinances, policies, or standards adopted and in effect when the complete application is submitted. Pursuant to the HCA, proposed projects may vest early in the development process, if desired; however, this is optional and not required for filing a City Planning application or building permit. These vesting rights do not apply to changes in State law or to changes in the building code. Applicants must submit the complete application for vesting before filing a City Planning application or submitting a building permit Plan Check application.

To initiate a request for HCA vesting rights, submit a Housing Crisis Act Vesting Preliminary Application (CP-4062) Form and the required materials through City Planning's Online Application Portal.

Once an application is deemed complete, Planning staff will provide a signed HCA Vesting Preliminary Application, to be included with the City Planning application.

A vested status can be achieved through other procedures as well. For more information on vesting, please contact Planning.HCA@lacity.org.

Applications and Forms

• HCA Vesting Preliminary Application (Optional)

Applications and Forms

• HCA Vesting Preliminary Application (Optional)
• No Net Loss Declaration

Resident Protections Ordinance

• Ordinance (Chapter 1)
• Ordinance (Chapter 1A)
• Fair Housing Requirements for Affordable Housing

Implementation Guidance

• Replacement Requirements and Occupant Protections Fact Sheet
• Housing Development Project Applicability Matrix
• HCA Replacement and Occupant Protections Matrix
• HCA Vesting Preliminary Application Information Sheet
• Revised Interdepartmental HCA Implementation Memo (Feb 2023)
• Original Interdepartmental HCA Implementation Memo (Jan 2020)

Optional HCA Vesting: City Planning
For answers to general questions on the optional HCA Vesting Preliminary Application and planning-related processes, contact Planning.HCA@lacity.org. For information on City Planning application filing requirements, contact planning.figcounter@lacity.org, planning.mbc2@lacity.org, or planning.southla@lacity.org.

Unit Replacement Requirements and Resident Protections: Housing Department
For answers to questions regarding residential unit replacement requirements, occupant protections, and land use covenants contact LAHD-Landuse@lacity.org or visit the Replacement Unit Determinations webpage. If demolishing units subject to the RSO, please also consult the Ellis Act webpage for more information on the withdrawal of units from the rental market under the RSO, status of replacement units and relocation process. For non-RSO units, consult the Just Cause Ordinance webpage for more information on the relocation process.

General Information: Housing Department
For more information on tenant rights visit the Housing Department website. To speak with Housing Department staff and get answers to general questions, visit any of LAHD’s public counters by making an appointment here, or call the department’s toll free hotline at (866) 557-RENT [7368] available Monday through Friday 9 AM to 4 PM.