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recover possession of a rental unit, the tenant may raise as an affirmative defense any of the
grounds set forth in [section 8.52.090] . . . .” (Former § 8.52.090, subd. (E).)
In November 2019, the Board approved Los Angeles Ordinance No. 2019-0063, which
made substantial revisions to Chapter 8.52 of the County Code. This ordinance was intended
“to promote long-term stability and certainty for tenants in the rental market” by regulating
rents and terminations of tenancy, requiring landlords to register rental property, and creating
an administrative hearing process. (Former § 8.52.020, subd. (D), added by L.A. County Ord.
No. 2019-0063, § 2.) Notably, the revised ordinance did not include the affirmative defense
provision from the prior version of section 8.52.090, subdivision (E). (See ibid.) Lawmakers
are deemed to be aware of laws in effect at the time they enact new laws or amend existing
laws. (McLaughlin v. State Bd. of Education (1999) 75 Cal.App.4th 196, 212.)
The current version of the Ordinance, as modified in 2021, sets out various remedies and
penalties for any violations of Chapter 8.52, including a tenant’s ability to pursue a private right
of action. (L.A. County Ord. No. 2021-0040.) Again, the Ordinance does not specify that
submission of the notice to the Department is an element of a cause of action to recover
possession or that it serves as a complete defense to such an action, whereas other provisions of
Chapter 8.52 do exactly that:
“A Tenant may refuse to pay a Rent increase which is in violation of this Chapter. Such
refusal to pay the increased amount shall be a defense in any action brought to recover possession
of a Covered Rental Unit or to collect the Rent increase.” (§ 8.52.050, subd. (K), italics added.)
“The act or acts constituting domestic violence, sexual assault, or stalking against the
Tenant or a member of the Tenant’s household cannot form the substantial basis of a For Cause
termination of the Tenancy. The Tenant or a member of the Tenant’s household may raise such
facts as an affirmative defense to a Landlord’s termination of the Tenancy.” (§ 8.52.090, subd.
(D)(3)(d), italics added.)
“A Tenant may assert retaliation affirmatively or as a defense to the Landlord’s
action regardless of the period of time which has elapsed between the Tenant’s assertion or
exercise of rights under this Chapter and the alleged act of retaliation.” (§ 8.52.130,
subd. (A)(2), italics added.)