L.A. Mun. Code ch. XV art. 1; ch. XVI art. 5 § 151.26
ELLIS ACT PROVISIONS - REGULATION OF PROPERTY ON RE-OFFER FOR RENT OR LEASE AFTER WITHDRAWAL (Los Angeles Rent Stabilization Ordinance and Just Cause for Eviction Ordinance)
Operative Text
(Added by Ord. No. 177,901, Eff. 9/29/06.) If a landlord desires to offer for rent or lease a rental unit which was the subject of a Notice of Intent to Withdraw pursuant to the provisions of Subsection A. of Section 151.23 , the following regulations apply: A. If a rental unit that was removed from rental housing use pursuant to the provisions of Section 151.23 is offered for rent or lease during either: 1. the five-year period after the Notice of Intent to Withdraw the accommodations is filed with the Department pursuant to Section 151.23 , whether or not the Notice of Intent is rescinded or the withdrawal of the accommodations is completed pursuant to the Notice of Intent; or 2. the five-year period after the accommodations are withdrawn; then the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any Notice of Intent to Withdraw the accommodations was filed with the Department, plus annual adjustments available under Section 151.06 of this article. B. Subsection A. of this section shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the rental unit. C. If a landlord offers for rent or lease a rental unit that was the subject of a Notice of Intent to Withdraw pursuant to the provisions of Subsection A. of Section 151.23 , irrespective of whether a Notice of Intention to Re-Rent Withdrawn Accommodations has been filed with the Department, and the landlord later wishes to recommence the withdrawal of the rental unit, the landlord must file a new Notice of Intent to Withdraw and comply with all requirements pursuant to Sections 151.09 G. and 151.23 through 151.28 of this Code. (Added by Ord. No. 184,873, Eff. 6/4/17.) D. Pursuant to California Government Code Section 7060.3, the City may apply the constraints as set forth in this section to a successor in interest of a landlord who has withdrawn a rental unit from rent or lease, by recording a notice, to be indexed in the grantor-grantee index, with the County Recorder which shall specifically describe the property where the rental unit is located, the dates applicable to the constraints and the name of the owner(s) of record of the property. (Added by Ord. No. 184,873, Eff. 6/4/17.)
Under L.A. Mun. Code § 151.26, when a rental unit that was previously withdrawn from the market under the Ellis Act is re-offered for rent within five years of either the filing of a Notice of Intent to Withdraw or the actual withdrawal, the rent must be set at the lawful rate that was in effect when the Notice of Intent was originally filed, adjusted only by allowable annual increases. This rent-reset rule overrides any other provision that would otherwise let a landlord set a new market rate upon re-renting. Additionally, if a landlord re-offers a unit and later wants to withdraw it again, a brand-new Notice of Intent must be filed.
Plain English — not legal advice.
Operators re-offering a previously withdrawn unit within the timeframes described in § 151.26 generally ensure the rent is set at the rate in effect when the original Notice of Intent to Withdraw was filed, plus any permissible annual adjustments under § 151.06. Compliant operators also track whether the City has recorded a notice with the County Recorder under Subsection D, which can bind successor owners to these same constraints. Landlords who re-offer a unit and later seek to withdraw it again typically file a new Notice of Intent and satisfy all related requirements under §§ 151.09 G. and 151.23–151.28.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 151.26, tenants moving into a unit that was previously withdrawn via the Ellis Act within the relevant five-year windows have a right to a rent no higher than the lawful rate in effect at the time of the original Notice of Intent, plus allowable annual increases. Tenants who believe a landlord has charged more than this amount may consider raising the overcharge as a defense in eviction proceedings, filing a complaint with the Los Angeles Housing Department, or reaching out to a local tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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