Legislative Update - September 30, 2021
New 3-Day Notice to Pay or Quit Form | State Moratorium Nearing End
Statewide eviction protections are set to end today. While tenants will no longer be able to simply declare a hardship and not pay rent, some protections for COVID-19 related hardships will continue via the court process.
- A new 3-Day Notice to Pay or Quit form specific to the “COVID Recovery Period” (Form 404) is now available to Owner Regular and Property Management Members. Click here to download the form.
- Use this form for tenants who do not pay rent between October 1, 2021 and March 31, 2022.
- This form is only for tenancies that existed prior to October 1, 2021.
- For tenancies created October 1 or later, use the traditional 3-Day Notice to Pay or Quit, Form 400.
- SCRHA strongly recommends you work with an attorney if you plan to file an Unlawful Detainer (eviction) for rental debt that accumulated due to COVID-19 hardship.
- Housing providers who file an Unlawful Detainer will be required to attest to specific facts as they relate to seeking out rental assistance.
- “Rental debt that accumulated due to COVID-19 hardship” means COVID-19 rental debt, COVID-19 recovery period rental debt, or a combination of both, if it accumulated during a tenancy initially established before October 1, 2021.
- Click here for more information on AB 832 and the new process.
- Reminder: Rental Assistance Programs are still accepting applications beyond September 30! Learn more.
San Diego Mayor Wants to Repurpose $5M in Rental Assistance for Tenant Legal Representation
On Tuesday, October 5 at 2:00 PM, the City Council will consider a proposal from Mayor Todd Gloria to create a program to provide eviction-prevention education and legal assistance for tenants using $5M of rental assistance funding. While education and outreach is commendable, SCRHA is very concerned that this proposal further places housing providers at a disadvantage since the new court procedures effective October 1 are extremely burdensome and complicated for property owners and managers. It will be almost impossible for housing providers to navigate the process without the assistance of legal counsel. Therefore, housing providers, many of whom have not received rental income for months (some over a year), will also have the burden of paying for an attorney. SCRHA strongly believes that the funding, originally designed to help tenants and housing providers, should be available to all parties who may need legal assistance. The San Diego Housing Commission will be charged with creating and administering the new program if approved. Specifics of the program will be approved at a future council hearing. SCRHA will work to make sure the voice of rental housing providers in heard in this process and report back when more details are available.