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.
A tenant’s guest shoots and kills someone at the rental property. Another tenant threatens to behead the landlord. And a third renter runs a prostitution ring out of the unit. In each case, the landlord pursues an eviction, and each time, the judge says no. These are just some of the eviction-worthy situations that have gone nowhere since April 6, when the California Judicial Council suspended virtually all unlawful-detainer proceedings in the state. In the cases above, the landlords pointed to the Judicial Council’s exception for threats to health and safety. The plaintiffs were still denied. The justification? Rule 1… Read More
The California Apartment Association has filed letters urging a state appellate court to accept two cases that directly challenge the Judicial Council’s rules prohibiting nearly all evictions. Both cases involve tenants who did not pay rent well before the COVID-19 pandemic.
California courts are expected to begin processing unlawful-detainer actions again in roughly two months. The Judicial Council of California will decide by Wednesday whether to let its suspension of evictions expire Aug. 3. The council’s eviction suspension took effect in April in response to the coronavirus and its financial impacts on renters. The council’s anticipated decision this week comes as California begins a phased reopening, and courts restore services shuttered due to the COVID-19 pandemic. “Housing policy decisions are usually left to the state Legislature, which was unable to hold sessions during the statewide shelter-in-place order,” Judge Marla Anderson, chairwoman… Read More