What Happens if My Apartment is Placed in REAP? – Tenant Rights Lawyers

Rental Escrow Account Program (REAP) is a city program that is designed to address the different habitability issues present in rental properties. The goal of this program is to reduce blight, preserve city stock of affordable housing, and protect tenants from having to live in uninhabitable conditions. The city places properties in the program because they have determined the properties to be inhabitable and unsafe for tenants.

When properties are placed in the program, tenants may be eligible for rent reductions. In addition, the program creates an account where tenants can pay their rent – although they can continue to pay rent directly to landlords; it is important to note that landlords can only access these funds to make repairs. To summarize, the program is designed to motivate landlords to make repairs promptly to be able to access their rental funds again.

Unfortunately, many tenants simply do not have any information about their rights under state housing law. Because of this, they live in unsafe conditions for months and even for years. Although many landlords get away with keeping their rentals in uninhabitable conditions without ever facing any consequences, the truth is that there are multiple laws that protect tenants.

Consider the following laws and past cases that protect tenant rights:

• The Warranty of Habitability – as established by Civil Code 1941.1, states that all rental units must be kept in a habitable condition. Landlords must ensure that their rentals are free of any pests or vermin, toxins, have functional heating, have functional electric, have access to hot water, have access to running water, have sturdy stairs, railings, walls, and floors, have roof, doors, and windows that keep out the weather, and have generally clean premises.
• Green v. Superior Court (1974) – established the implied Warranty of Habitability, meaning that even when the rental/lease agreement does not mention the warranty, it is still implied. Therefore, landlords still have the responsibility to keep their rental properties safe.
• Knight v. Hallsthammar (1981) – established that tenants could withhold rent and actually make repairs themselves if their landlords failed to make repairs. This court case also established that tenants may be eligible for rent reductions if their rentals are in poor condition.

Yes, even if you didn’t suffer any harm due to the unsafe and uninhabitable conditions in the rental property, you could still have the right to file a claim. In fact, you could file a claim based on breach of contract – specifically, for the failure to uphold the Warranty of Habitability. Remember whether the Warranty of Habitability is stated or implied in the lease or rental agreement, your landlord must keep the rental property habitable.

No – you cannot be evicted from your rental for complaining about the conditions in rentals. In fact, under California Civil Code 1942.5, landlords cannot retaliate against their tenants by evicting them or taking away services for exercising their rights as tenants under state law, complaining about the uninhabitable conditions of the rental, requesting repairs be made in the rental, or reporting issues to local health departments or code enforcement agencies. If your landlord evicts you or retaliates against you in any way, you could have the right to file a lawsuit.

If you recently learned that your rental home was placed in REAP, you might have questions about the legal options that are available to you. Our legal team here at the Downtown L.A. Law Group is ready to provide you with the guidance that you need to pursue your claim and fight for your rights under housing law. To ensure that our legal team remains accessible to all, we offer free legal services – this includes free consultations and free second opinions. Whether you are looking to begin or continue your claim, you can be certain that our team will be available to answer all your questions and address all your concerns, providing you with the information that you need to pursue your claim. To schedule a free case evaluation, contact the experts here at our law firm at your earliest convenience.

You will not have to worry about paying any upfront legal costs for any of our legal services. In addition, our law firm works on a strict contingency structure, meaning that our clients will not be responsible for paying any legal fees if their claims are not successful.

If you are ready to explore the legal options available to you, contact us today.

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