News: Evictions

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In a well-intentioned but unnecessary step, the San Jose City Council on Thursday passed an emergency ordinance to protect furloughed federal workers from eviction. Under the legislation, approved by the council on an 8-0 vote, landlords may not evict federal employees and contractors for nonpayment of rent if those tenants have gone without pay due to the budget stalemate in Washington, D.C., which dragged on for more than a month. Although President Trump on Friday announced that the government would reopen for three weeks, San Jose’s emergency ordinance on evicting furloughed federal workers remains in effect. The ordinance was worded… Read More

Tagged: Tri-County

After more than a year of discussion, the city of Santa Barbara has drafted proposed ordinances that could require rental housing providers to offer leases to prospective tenants, and in some cases, relocation assistance to displaced renters. First drafts of the ordinances were presented this week to the Santa Barbara City Council’s ordinance committee.

Tagged: Los Angeles

After resoundingly rejecting rent control and just-cause eviction proposals in October 2017, the city of Palo Alto early Tuesday morning adopted a relocation-assistance emergency ordinance for no-fault evictions. Since the ordinance was adopted as an emergency, it took effect immediately following the City Council’s vote. The new law only applies to rental properties with 50 or more units. Under the new law, affected property owners can continue to remove tenants without cause. However, a relocation payment to the household of up to $20,000 will be required if the household makes up to 100 percent of the area median income, or… Read More

Tagged: Tri-County

The California Apartment Association on Thursday defeated a bill that would have imposed “just cause” eviction requirements across the state, making it more difficult and costly to evict bad tenants. A second eviction-related bill that, as originally written, would have expanded the notice requirements for removing tenants under the Ellis Act, also died on the Assembly Floor. A third eviction-related bill — originally drafted to prolong the eviction process — was amended to simply provide minor amendments to the service of the eviction summons, rendering it of minor concern to members of CAA. The most threatening of the bills, AB… Read More

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An Assembly bill would dramatically prolong the eviction process, endanger renters who complain about their neighbors, and allow tenants to avoid eviction by making frivolous complaints. Under 2343 by Assemblyman David Chiu, D-San Francisco, landlords would have to provide 10 days’ notice before serving eviction papers to tenants who’ve failed to pay the rent. At any time during this 10-day period, the tenant could pay the rent to prevent eviction. At present, the notice requirement is three days. This extension would essentially shift rent due dates to the middle of the month. For tenants who have committed serious lease violations,… Read More

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Lawmakers have proposed a trio of bills that would hamper the ability of landlords to evict tenants. The most sweeping of the three bills would impose “just cause” eviction policies statewide, another would expand the notice requirements for removing tenants under the Ellis Act, and the third would delay the eviction process for tenants who are delinquent on rent. The “just cause” bill comes from Assemblyman Rob Bonta, D-Alameda, and is expected to be introduced today. Under the legislation, rental property owners could only proceed with an eviction after providing the tenant with a written notice outlining the reason for… Read More

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CAA amendments target unscrupulous attorneys The state’s unlawful detainer “masking” law has been in place for over 20 years, introduced by the California Apartment Association to prevent unethical eviction-delay firms from accessing court records to help tenants prolong or avoid eviction. The law provides that unlawful detainer cases are not available to the public for 60 days after the filing of an unlawful detainer action. After that time, the case becomes public if the tenant failed to beat the eviction during the initial 60 days. During this legislative session, Assemblyman David Chiu, D-San Francisco, persuaded fellow lawmakers to change the… Read More

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The California Apartment Association has urged the state Legislature to stop providing funding for defense attorneys to help evicted tenants drag out the unlawful-detainer process. The practice has occured for several years under a state law that CAA believes should expire in 2017. Under the Sargent Shriver Civil Counsel Act, defense attorneys receive money from the state to represent low-income Californians in a variety of legal areas, from evictions to custody disputes. Since 2011, the Legislature has spent $9.5 million annually on the program in seven areas across the state. While the concept is laudable, it’s rife with abuse when… Read More

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A law in Hesperia that allows the police chief to order the eviction of tenants from rental housing violates the U.S. Constitution, the California Apartment Association says in a letter to the city. The police chief’s eviction authority is part of Hesperia’s Crime Free Rental Housing ordinance, a pilot program that took effect Jan. 1. The ordinance also requires criminal background screenings, conducted by the Police Department, for all prospective tenants and mandates registration and inspection of all covered properties as well as the use a of crime-free addendum. “Unfortunately, compliance guidance is impossible to provide as many key provisions… Read More

Tagged: Greater Inland Empire

The California Apartment Association briefed the Moderate Democrats Caucus in the State Assembly this week about threats to the Ellis Act and the importance of preserving the state law. On Tuesday, about a dozen of the lawmakers heard from Tom Bannon, CAA’s chief executive officer, and Shant Apekian, vice president of public affairs. Passed by the State Legislature in 1985, California’s Ellis Act provides that no local government can require a rental property owner to continue to offer his or her housing for rent. Some San Francisco officials and tenant rights organizations want the Legislature to amend the Ellis act… Read More

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