What is the Tenant Habitability Program (THP)? A Guide for LA Tenants

Receiving a notice from your landlord about major construction can be stressful. Suddenly, you're faced with questions about noise, dust, safety, and whether you can even stay in your home. If you're a renter in the City of Los Angeles, there's a crucial protection in place for this exact scenario: the Tenant Habitability Program (THP).

The THP is not just a courtesy; it's a legal framework that ensures you are kept safe and your housing rights are protected when a landlord needs to perform repairs or upgrades that make your unit temporarily unlivable. This plan, which your landlord must file with the Los Angeles Housing Department (LAHD), outlines how they will minimize the impact on you—often by providing temporary relocation at their expense.

So, why would your landlord need to do a THP? Let's break down the reasons your unit might require this level of work and what your rights are in the process.

When a Tenant Habitability Program is Required

A property manager or landlord can't start tearing down walls or shutting off essential services without a plan. The Tenant Habitability Program is triggered when planned construction or renovations make your home unsafe or uninhabitable. Here are the most common reasons.

1. Critical Health and Safety Repairs

Some of the most extensive projects are non-negotiable repairs needed to keep the building and its residents safe.

• Seismic Retrofitting: Los Angeles is earthquake country. Many older "soft-story" buildings (think apartments over carports) require mandatory structural upgrades to withstand seismic activity. This work often involves the foundation and support columns, making it impossible for tenants to remain during construction.
• Major Plumbing or Sewer Line Replacement: If the work requires shutting off your water or access to your bathroom or kitchen for an extended period, a THP is necessary.
• Complete Electrical Rewiring: Projects that involve opening up walls and ceilings to replace old wiring will often require the power to be shut off for days at a time, rendering the unit uninhabitable.
• Roof Replacement or Major Structural Work: Any construction that exposes your unit to the elements or compromises the building's structural integrity requires a THP.
• Hazardous Material Remediation: The safe removal of toxic substances like lead paint, asbestos, or pervasive mold requires specialized containment and procedures, making the area unsafe for occupation.

2. Mandatory Code or Legal Compliance

Sometimes, the city itself orders the work. A landlord must file a THP when making repairs mandated by the Los Angeles Department of Building and Safety (LADBS) or the LAHD. This can include:

• Upgrades to comply with fire and life safety codes (e.g., installing new sprinkler systems, fire alarms, or emergency gas shutoff valves).
• Repairs to fix serious code violations that have been cited by a city inspector.

3. Conditions That Make Your Unit Temporarily Uninhabitable

The core principle of the THP is "habitability." If a planned repair temporarily takes away the essential elements of a livable home, a plan is required. Key triggers include:

• Loss of Essential Services: No access to water, electricity, or gas for more than a day.
• No Functional Kitchen or Bathroom: The inability to cook, store food, or use the toilet and shower.
• Unsafe Exposure: Constant, unavoidable exposure to construction dust, chemical fumes, or open walls and wiring that pose a physical hazard.

How the THP Process Protects You

The Tenant Habitability Program is your guarantee that you won't be left without a place to live or unfairly pushed out of your home. Here's how it works in practice:

1. Landlord Submits a Plan: Before work begins, the landlord must file a Tenant Habitability Plan with the LAHD for review and approval. This document details the scope of work, its duration, and how affected tenants will be accommodated.
2. You are Given Relocation Options: If you cannot safely remain in your unit, your landlord is required to provide one of two options:
   • Temporary Relocation: The landlord pays for you to stay in a comparable hotel, motel, or other rental unit until the work is finished. This includes covering any related costs like hotel taxes or pet fees if your original lease allowed pets.
   • Per Diem Payment: The landlord provides a daily financial stipend so you can arrange your own temporary housing. The amount of this payment is set by the LAHD.
3. You Have the Absolute Right to Return: This is the most important protection. Once the work is completed, you have the guaranteed right to return to your apartment at the exact same rent you were paying before. The THP prevents landlords from using renovations as an excuse to displace long-term, rent-stabilized tenants—a practice often called a "renoviction."

What To Do If You Receive a Notice

If your landlord informs you of major repairs, stay calm and informed. The Tenant Habitability Program is designed to protect you. Ask to see a copy of the approved THP filed with the LAHD. If your landlord begins disruptive work without a plan or tries to force you out, contact the Los Angeles Housing Department immediately.

The THP ensures that while your building gets safer and better, your rights as a tenant are never compromised.