A Protective Covenant With The Land In Los Angeles
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FAQ
In a covenant that runs with the land, the subsequent landowner of property subject to the covenant will continue being burdened or benefited by the covenant. This is in contrast to a personal covenant, or a covenant that only binds the original parties of the covenant and will not pass to the subsequent parties.
To be eligible for the program, a family's gross annual income must be below 50% of the Area Median Income (AMI) in Los Angeles County. Seventy-five percent of new admissions must have gross annual incomes at or below 30% of the AMI. The U.S. Department of Housing and Urban Development (HUD) determines the AMI yearly.
A Protected Tenant has continuously resided in a rental unit for at least ten years, and is either: (i) 62 years of age or older OR (ii) disabled as defined in Title 42 United States Code Section 423 or handicapped as defined in Section 50072 of the California Health and Safety Code.
Affordable Housing Covenants are agreements between the City of Los Angeles and property developers to offer affordable housing. Property owners get incentives if they reserve a specified number/percentage of their developed units to be offered with affordable rates.
Since 1969, California has required each city and county to plan for its share of the state's housing needs at all levels of affordability. Through the State's Regional Housing Needs Allocation (RHNA) process, each local jurisdiction is assigned a number of new housing units that its land use policies must support.
Redlining is the elephant in the room in our nation's economic history and in the modern conversation about gentrification in Los Angeles. Redlining was a systematic denial of economic investment, largely on the basis of race, that was codified into federal policy in the 1930s.
If a deed restriction is not enforceable, you can choose to ignore it and take on the risk of a neighbor filing suit, or you can seek out a judge's ruling to have the covenant removed from the deed. Obtaining that ruling is easier when no one is actively enforcing the covenant.
The primary remedy for breach of a Restrictive Covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction.
