The California Apartment Association this month argued before the state Supreme Court in a case that could affect the timing and procedures involved in litigating evictions across the state. Attorney Curtis Dowling of the law firm Dowling and Marquez argued on behalf of CAA during oral arguments in Stancil v. Superior Court of San Mateo County.
Courts should not allow the government to use previous infringements on private property rights as a justification for further infringements. That is the central argument in a brief filed jointly by the California Apartment Association and San Francisco Apartment Association. The brief supports a lawsuit filed by the Community Housing Improvement Program (CHIP) and Rent Stabilization Association (RSA) – groups that, like CAA, represent the interests of rental property owners – challenging 2019 amendments to New York City’s rent control law.
California lawmakers introduced a pair of bills that would keep COVID-19 eviction protections in place well into 2021 and perhaps longer. News of the bills came Monday, Dec. 7, the first day of the new legislative session and less than two months before eviction protections are set to expire. The proposals also come as California experiences a surge in coronavirus cases and stay-at-home orders. The proposals will likely include more details before lawmakers reconvene hearings early next year. Legislators are seeking a replacement for the COVID-19 Tenant Relief Act of 2020, which passed as AB 3088 this summer and is… Read More
Non-payment filings can begin for tenants without coronavirus hardships California’s Judicial Council has approved three new forms and one revised form for use in eviction cases governed under the newly signed COVID-19 Tenant Relief Act of 2020. The policymaking body of the California courts approved the forms Friday. The new and revised forms will assist courts in implementing the COVID-19 Tenant Relief Act, or CTRA, which prohibits the eviction of renters who claim COVID-related hardships. At the same time, the law specifically provides clearance for the court to proceed with unlawful detainer actions, the legal term for evictions, against tenants… Read More
After the passage of AB 3088 this week, the California Apartment Association reached out to local elected officials throughout the state to make sure they’re aware of the law and how it works in their communities. CAA’s local vice presidents sent emails to dozens of mayors, city council members and county supervisors after the Legislature approved, and the governor signed, AB 3088 — or the COVID-19 Tenant Relief Act of 2020. “CAA believes this bill signed by the governor provides guidance to the courts on how to move forward with protecting tenants who have been financially impacted by COVID-19,” says… Read More
Gov. Gavin Newsom today said the national eviction moratorium announced this week by the U.S. Centers for Disease Control will not apply in California because the Golden State already has stronger eviction protections in place. The CDC is exempting locations with “the same or greater level of public-health protection than the requirements listed in this Order.” “Our protections are not impacted by those federal rules and regulations,” Newsom said during a press conference today. “Our protections go a little farther than the federal government. There is no income cap as the federal government currently has. “Again, ours go through Feb. 1 of next year. They don’t expire at the… Read More
An appellate court has ordered the city of Sacramento to place a local rent control measure on the Nov. 3 ballot, overturning a lower court ruling from two weeks ago. The California Court of Appeal for the Third Appellate District on Wednesday ruled in favor of initiative proponent Michelle Pariset and against the city of Sacramento and the Sacramento County Superior Court.
California’s Judicial Council today voted 19-1 to allow the courts to resume processing unlawful-detainer cases effective Sept. 1. The Judicial Council had been eyeing Aug. 14 to resume evictions, however, Chief Justice Tani Cantil-Sakauye urged her colleagues to wait two weeks. Chief Justice Tani Cantil-Sakauye The delay gives lawmakers more time to create a replacement for the Judicial Council’s Rule 1, which has halted nearly all evictions across the state since April 1. “In our ongoing conversations with Gov. Newsom and the Legislature, we have been responsive to their requests for additional time to develop and enact policy and legislative… Read More
California’s Judicial Council will vote by noon Thursday whether to allow the courts to resume processing unlawful detainer cases effective Sept. 1. Last month, Chief Justice Tani Cantil-Sakauye suggested the courts could decide to resume hearing eviction cases effective Aug. 14. Today, however, she asked her colleagues on the Judicial Council to consider pushing back the date by a couple of weeks, which would coincide with the end of the Legislative session. The Judicial Council’s rules were put in place in early April, bringing to a halt nearly all eviction actions in the state. The action came in response to… Read More
Chief Justice Tani Cantil-Sakauye on Friday announced that California’s Judicial Council will vote “very soon” whether to sunset its emergency suspension of virtually all unlawful-detainer cases throughout the state. The announcement came during the Judicial Council’s regularly scheduled meeting Friday, July 24.