Legislative Update - July 22.2021
Reminder: State Moratorium Notification Deadline July 31
July 31, 2021 is the deadline to provide mandatory notification to renters with past due rent as of July 1. Click here for a quick guide, information on updated forms, and more information on the legislation. Housing providers are also reminded that Emergency Rental Assistance is available and every effort should be made to share information with renters with past due rent and/or apply on their behalf. More information.
County Moratorium Lawsuit Update; SCRHA to Support State & Federal Suits
SCRHA has still received no word from the Judge regarding the lawsuit against the County of San Diego and its eviction ban. It is disappointing that the judge has not opined on this important issue. SCRHA’s attorney has submitted a motion for an expedited ruling. We hope this prompts a decision and SCRHA can report back to members soon.
The California Rental Housing Association (CalRHA), of which SCRHA is a member, will be filing a lawsuit against the State of California, challenging the constitutional claim under the contracts clause as well as the takings clause in the sense that the statewide moratorium was a transfer of property rights not for a public benefit from one party to another. The National Apartment Association (NAA) will also file a lawsuit against the federal government seeking compensation for the financial damages suffered under the CDC order. While property owners in California and other states with stricter moratoriums are not eligible to join the suit, it could create precedent for future disaster-response measures.
In addition to leading the County lawsuit and possible appeal, SCRHA will be supporting the state and federal suits. To assist SCRHA in these efforts and to help us prepare for future challenges, you may make a contribution to the SCRHA Industry Defense Fund.