June 1, 2020
California Governor Gavin Newsom has extended the executive order issued in March that allowed local governments to enact COVID-19 eviction moratoriums. The statewide order was pushed back through July 28, and applies to any local orders that were set to expire as well.
A second statewide executive order on evictions was allowed to lapse, notes the California Apartment Association (CAA). This order allowed COVID-19 affected tenants additional time to respond to unlawful detainer actions.
The state Judicial Council’s rule on evictions also remains in effect, which bars most new evictions and stalls previously filed evictions still winding their way through the courts.
CAA also points out the federal eviction moratorium remains in effect until late July for properties financed by federally-backed mortgage loans or those that participate in federal affordable housing programs, including properties with Section 8 housing vouchers.
The advice CAA has for landlords weighing the concurrent legislative, executive and judicial orders currently includes:
Continue to follow any applicable local moratorium and the federal eviction moratorium if a property is federally assisted, as these measures may limit the ability to serve a three-day notice to pay or quit. Local moratoria also may also limit the ability to carry out “no fault” evictions and give tenants financially affected by the pandemic an extended repayment period.
If a property is not subject to the federal moratorium or a local ordinance, the owner can serve a three-day notice to pay rent or quit, but cannot enforce it in court (due to Judicial Council rule).
CAA continues to urge compassion and owners to follow the Safe at Home Guidelines, which the association has extended through the end of June.
For comments, questions or concerns, please contact Dennis Kaiser