Legislative Update - July 29, 2021
County Eviction Ban Lawsuit Update
As SCRHA reported late Wednesday, the federal Judge in the SCRHA lawsuit against the County of San Diego denied the motion for a preliminary injunction against the eviction ban ordinance. SCRHA immediately filed an appeal with the 9th Circuit. In the County’s motion to dismiss the case, County Counsel states the end date of the ordinance is August 10. Previous guidance from the County indicated the ordinance would be lifted effective August 15. Out of an abundance of caution, SCRHA recommends you check with your legal counsel if you need to serve a termination notice or file an unlawful detainer before August 15. Click here to read more and contribute to our ongoing effort to protect your rights.
If you missed SCRHA in the news recently, see the following links:
NAA Formally files Federal Lawsuit Seeking Damages
SCRHA recently reported that the National Apartment Association (NAA) was expected to file suit over the Centers for Disease Control (CDC) Eviction Ban. On July 27 filed a lawsuit in the U.S. Court of Federal Claims to recover damages on behalf of rental housing providers that have suffered severe economic losses under the U.S. Centers for Disease Control and Prevention’s (CDC) overreaching federal eviction moratorium. While property owners with California rentals are not eligible to join the lawsuit, those with properties in some other states may qualify. Click here to learn more.
Today President Biden urged Congress to extend the CDC Eviction Moratorium. NAA is already pushing back against the effort and is asking housing providers to call their members of congress to oppose this action. Click here to take action.
Deadline is This Saturday for Serving Updated “Notice of Delinquency”
July 31 is the deadline to provide a mandatory notification (Form 401) to any resident with rent past due during the pandemic. On or before July 31, 2021, a housing provider must provide, in at least 12-point type, specific notice to any resident who as of July 1, 2021, has not paid one or more rental payments that came due between March 1, 2020, and September 30, 2021. The language in Form 401 was updated to include the new language as required by AB 832, which extends eviction protections through September 30. Older versions of the form will not meet the requirements of the law, so make sure the form is dated 6/30/2021. Form 401 may be served along with forms 299 and 403. With the deadline just two days away, it is recommended that housing providers deliver From 401 personally or post and mail by July 31 if they have not already served the notice. First-class mail alone is not recommended at this time since typically 5 days must be added to the time period when just mailing. More information on AB 832 and notification requirements can be found on the SCRHA website.