August 31, 2020
A less-burdensome alternative to California AB 1436 emerged late last week that has found common ground with those seeking to secure eviction protections for renters as well as those working to protect landlords’ rights. The COVID-19 Tenant Relief Act of 2020, or AB 3088, came together quickly and is expected to be passed before the current legislative session ends today.
The California Apartment Association, which helped negotiate the new alternative, says the new proposal would allow landlords to evict tenants who cause problems at the property, such as by causing nuisances or threatening their neighbors. It also would allow owners to terminate the tenancies of renters who have the wherewithal to pay rent but refuse to do so. The bill would offer eviction protections to tenants with legitimate financial hardships due to COVID-19.
Starting with September’s rent, however, those tenants with COVID hardships would have to pay at least a portion of their rent to maintain eviction protections. Failure to do so by Jan. 31 would result in the landlord being permitted to proceed with an eviction case on or after Feb. 1, 2021.
California Apartment Association’s Tom Bannon says, “We applaud the Legislature and governor for advancing legislation with protections for tenants truly harmed by COVID, while ensuring that owners can evict nuisance tenants and residents who can afford to pay rent but choose to game the system instead. We will continue to work on proposals to help housing providers recoup lost rent in the near term. More must be done to help our mom-and-pop landlords.”
For comments, questions or concerns, please contact Dennis Kaiserv