L.A. County declares emergency tied to immigration-related eviction proposal

The Los Angeles County Board of Supervisors on Tuesday approved a local state of emergency tied to federal immigration policy - a move that could lay the groundwork for an eviction moratorium opposed by the California Apartment Association.

The measure passed on a 4-1 vote, with Supervisor Kathryn Barger dissenting. Barger said the immigration raids did not meet the criteria for an emergency and warned that the declaration could be unfair to landlords. "I'm sure we're going to be challenged legally," Barger said.

The Oct. 14 vote came one week after the board directed county counsel to prepare a draft declaration outlining the county's authority to act. The declaration, introduced by Supervisors Lindsey Horvath and Janice Hahn, authorizes county departments to coordinate and request state and federal assistance in response to federal immigration actions.

In its proclamation, the county cited economic and social disruptions caused by federal immigration enforcement as meeting the legal definition of an emergency under Government Code section 8558(c). The document referenced reports of workplace absences, business closures, and strain on local institutions such as schools and hospitals as justification for the declaration. County officials said more than 5,000 arrests have taken place in Los Angeles as part of the ongoing federal immigration crackdown, the Associated Press reported.

The Los Angeles Times reported that county officials characterized the emergency declaration as a precursor to an eviction moratorium for households that lose income due to immigration raids. The Times also noted that such a moratorium could raise privacy concerns, as tenants invoking it in court might be required to disclose sensitive personal information.

During earlier discussions, county counsel told supervisors that any eviction moratorium tied to immigration policy would first require a local state of emergency to be declared, making Tuesday's proclamation a necessary procedural step toward such a proposal.

Typically, local emergency declarations are reserved for natural disasters or public safety threats such as wildfires or earthquakes. CAA has argued that using emergency authority for housing policy represents a departure from that purpose. "What was once intended as a rare, extraordinary power has become a routine political tool," Matthew Buck, vice president of public affairs for CAA, said at a recent supervisors meeting.

The association says the county's reasoning stretches the intended use of emergency powers and reflects an ongoing trend of applying extraordinary authority to housing policy.

CAA criticized the use of emergency powers for housing policy and reiterated its opposition to any eviction moratorium tied to immigration enforcement. CAA is gearing up to mobilize rental housing providers across the county to oppose the moratorium and is in active discussions with the offices of county supervisors about the proposal.

CAA continues to warn that linking eviction rules to immigration status would destabilize the housing market and entangle landlords in federal enforcement disputes. State law already prohibits landlords from asking about immigration status, making such a moratorium unnecessary.

Instead of another blanket ban, CAA urged supervisors to focus on targeted rental assistance, emphasizing that past moratoriums during COVID-19 created harmful unintended consequences for both landlords and renters.