For more about this lawsuit, see article published in Forbes. Click here.
Monday, September 21, 2020
Monday, September 14, 2020
I'm a Tenant and I Can't Pay my Rent. Am I Protected from Eviction?
If you are a residential tenant and unable to pay your rent, below are the questions to ask to protect yourself from eviction.
1. Are you covered by a city eviction moratorium?
Click on the links to the right or check with your City directly to determine if your city has an eviction moratorium AND if the moratorium is still valid with the enactment of the new state law, AB 3088 or the Tenant Relief Act of 2020.
For example, if you live in Oakland and are covered by the just cause eviction ordinance, you may be covered by the Oakland Eviction Moratorium which terminates when the Oakland Emergency Health proclamation terminates. There are also Regulations that work with the ordinance that were enacted on July 31, 2020. Discuss your coverage with the Oakland housing counselors or an attorney.
A list of City eviction moratoria is provided by Tenants Together, a state-wide organization. Housing counselors at Tenants Together can also be consulted.
2. Are you covered by a County eviction moratorium?
If you are not covered by a city eviction moratorium, you may be covered by a County eviction moratorium. Check with your County governance to determine if the County has an eviction moratorium and if coverage continues despite the enactment of the new state law, AB 3088. Consult with County housing counselors or consult an attorney.
For example, if you live in an incorporated or unincorporated area of Alameda County, you may be covered by their eviction moratorium which expires 60 days after Dec. 31, 2020 or 60 days after the expiration of the County Emergency Health proclamation whichever is later. Contact ECHO Housing Counselors.
3. Are you covered by the new state law, AB 3088?
If you are not covered by a City or County eviction moratorium, you may be covered by AB 3088, the Tenant Relief Act of 2020. Go to the "Housing is Key" website or consult a tenant lawyer to help determine coverage. A list of City eviction moratoria is provided on their website through a state-wide tenants organization, Tenants Together. Housing counselors at Tenants Together can also be consulted.
If you owed rent between March 1, 2020 and Aug. 31, 2020, you are protected from eviction for non-payment of rent but you should expect to receive a Notice to Pay Rent or to Quit along with a Declaration of COVID-19 related hardship. You must complete this declaration and return it to your landlord within 15 days. Be sure to keep a copy of the Notice and the Declaration and ensure that you have evidence of delivery of your completed Declaration to your landlord.
If you owe rent between Sept. 1, 2020 and Jan. 31, 2021, you may receive a 15-Day Notice each and every month that you are default of paying rent. You are protected from eviction provided that you return a Declaration of COVID-19 related hardship to your landlord within 15-days AND pay 25% of the rent for each and every month that you receive a Notice and a Declaration. You may defer paying 25% of the rent until Jan. 31, 2021 but if you fail to pay this amount by that date, your eviction protection is waived.
Back-Rent:
Back-rent under AB 3088 and under many City or County moratoria is converted to "consumer debt." This means that, while you may be protected from eviction for some rent owed under your City, County, or State eviction moratorium, you still owe rent and may be sued for back-rent owed. For this reason, we encourage you to work out an installment agreement with your landlord to pay back-rent over time. But, be aware, your City or County may have additional REGULATIONS that relate to these payment plans to help protect your legal rights.
4. If you are not covered by the City, County, or State of California (AB 3088) eviction moratorium, you may be covered by the CDC Temporary Halt on Evictions (see link to the right-side of this Blog.) Please consult an attorney to determine coverage. Whether the state or the federal law takes precedence may be "duked out" in the courts.
Legal Assistance:
There are non-profit eviction defense attorney firms that offer legal services on a sliding scale basis and are more affordable than private attorneys. The state website, Housing is Key, has a list of these organizations. For private attorneys or other legal assistance contact the State Bar of California or your local bar association.
COVID-19 related links to the right of this blog have been updated but do not include all city or county eviction moratoria.
Wednesday, September 9, 2020
Governor Newsom's Eviction Protection under AB 3088 - Landlords Take Action
The legal landscape, as it relates to tenants' rights, has changed rapidly to try to prevent a tide of evictions that may result from the COVID-19 pandemic, unemployment, and business loss. Cities and counties have taken the lead in passing legislation to help protect residential and commercial tenants from eviction while crying out to the state, if not the nation, for state-wide or country-wide eviction protection. While many tenants may have been unable to pay the rent, small landlords may also been unable to pay the mortgage, putting both parties at risk.
On August 31, 2020, the state legislature took up the charge and lead with state eviction protection referred to as AB 3088, or the Tenants Rights Act of 2020.
While there is some interaction between the Tenants Rights Act of 2020 and city or county eviction moratoriums, City and County Attorneys are analyzing that interaction and publishing advisories on rent board web sites. Here's what is posted on the San Francisco Rent Board website:
"Recent State and Federal legislation affecting residential evictions may have changed some of the information provided here. This information will be updated soon."The Berkeley Rent Stabilization website has this advisory:
Yes, the CDC took an unprecedented leap and declared federal legislation to protect tenants from eviction. Early reports are that the federal legislation is inapplicable to California since AB 3088 was passed prior to the CDC's urgency statute which took effect on 9/4/2020 and since California's law (AB 3088) is more protective of tenants.
As to California's AB 3088, the state has an excellent website, "HousingisKey," along with an App that allows tenants or landlords to enter certain information and get a report on "next steps."
Now, to review:
1. For tenants behind in their rent anytime between March 1, 2020 and August 31, 2020, it is highly likely that your landlord will serve you with a Declaration of COVID-19 related hardship by September 30, 2020. If this declaration is applicable to you, you should complete and return this declaration to your landlord within 15-days of receipt to secure protection from eviction. However, you may be covered by a local, city or county, eviction moratorium. Call or email the housing counselors at the rent board, city, or county or consult an attorney. If you are behind on your rent during these months, you may also be served with a Notice to Pay Rent or to Quit but as long as you complete and return the Declaration of Hardship to your landlord, you will be protected from eviction for non-payment of rent during this time.
2. If you are not covered by a city or county eviction moratorium, beginning in September 2020, you may receive a Notice to Pay or to Quit for each and every month that you have not paid the rent from now through January 2021. With each notice, you should receive a Declaration of COVID-19 related hardship that you should review, sign, and return to your landlord within 15-days. You should also pay at least 25% of the rent for each and every month that you are protected by AB 3088.
3. If you are a "Low Income" tenant and earn less than $99,999 per year, a Declaration of COVID-19 related hardship is required for eviction protection BUT if you are single and earn more than $99,999 annually OR if you are a joint income filer earning a high income (see state website) and claim a COVID-19 hardship that is preventing you from paying your rent, you must also provide evidence of your income and COVID-19 related hardship.
4. If you owe rent between September 1, 2020 through January 31, 2021, you will be required to pay 25% of the rent for each month rent is due to secure eviction protection. The back-rent owed will be converted to consumer debt. Expect your landlord to sue you in small claims court for the back-rent owed; small claims lawsuits for back-rent can begin March 1, 2021. You should also expect to pay FULL rent on February 1, 2021 or risk eviction.
5. If you are sued in small claims court, you and the landlord will be required to represent yourselves BUT you can hire an attorney to help you develop your defense.
6. The state is encouraging tenants to work out a rent payment agreement with your landlord.
7. Tenants Together has an excellent advisory (click here) BUT their summary of local eviction moratoria may be inaccurate. Please contact your local rent board or county to determine if the local eviction moratorium applies or is superseded by AB 3088.
8. The State of California has excellent resources available for tenants and landlords alike.
See: https://landlordtenant.dre.ca.gov/index.html
9. DOCUMENTATION is also key. Save copies of all rent checks. Keep track of every rent payment made. Keep a copy of the Declaration of COVID-19 related hardship if you are claiming it and if you send it to your landlord, do so with delivery tracking. And, also send a copy of the Declaration by email, and keep a copy of the email. You will need this documentation for your civil defense if you are sued for back-rent.
And, between now and November 3, 2020, VOTE your conscience.
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