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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