SCRHA Legislative Update

Legislative Updates,

Make Your Voice Heard in the November Election

The SCRHA encourages members to vote in every election to make sure the voice of the rental housing industry is heard. The industry continues be a target for stricter regulation at all levels of government. California voters will also be considering yet another Rent Control ballot measure. SCRHA has vetted the views of candidates for public office and is pleased to provide a helpful Voter Guide. The SCRHA will likely be making additional endorsements and will let members know when the Voter Guide is updated.

AB 3088 Guidance and Forms

SCRHA hopes that you have attended one of our recent classes on AB 3088. More will be offered in the coming weeks. SCRHA members may access the necessary forms via the member login.

Reminder: No Later than September 30, 2020, Property owners and Managers must serve Form 401 - Notice for Civil Code Section 1179.03(c)(4) - if a tenant has failed to pay rent between March 1, 2020 and August 31, 2020, even if the owner/manager is not intending to pursue an eviction at this time. Going forward, it is recommended that both Forms 299 and 401 be provided with Forms 402 or 403.
  • 299 - Declaration of COVID 19 Related Financial Distress
  • 401 - Notice of Rent Delinquency
  • 402 - COVID-19 Notice to Pay or Quit – Protected Period (Rent due between March 1 and August 30, 2020)
  • 403 - COVID-19 Notice to Pay or Quit – Transition Period (Rent due between September 1, 2020 and January 31, 2021)

*Some city moratoriums and their associated repayment periods are still in effect through the end of September.

County of San Diego Announces Emergency Rental Assistance

The County of San Diego will be accepting applications for the Emergency Rental Assistance Program from September 24, 2020 –to October 8, 2020. To be eligible, renters must have experienced a financial hardship directly related to COVID-19 and fall under 60% of the Area Median Income. Renters in cities with their own COVID-19 rental assistance programs would not be eligible for the County program unless their cities’ funds are depleted. Additionally, applicants must not receive any other forms of rental subsidy such as Section 8 or other rental assistance programs, rapid rehousing assistance or rental assistance from nonprofit agencies. The applicant’s landlord must agree to participate in the program for the County of San Diego to process the one-time emergency rental assistance grant.

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National Apartment Association Sues CDC Over Eviction Moratorium

The National Apartment Association (NAA) has joined a lawsuit filed by the New Civil Liberties Alliance (NCLA), challenging the U.S. Centers for Disease Control and Prevention’s (CDC) eviction moratorium order. NCLA has also requested a temporary restraining order, also known as a preliminary injunction, asking the court to stop the CDC from enforcing their unlawful order. The lawsuit challenges the CDC’s authority to enact such an order, as they have not identified an act of Congress that gives them this authority. Put simply, federal agencies do not have powers to waive state laws and the CDC has encroached on private property rights with no legal authority. NAA has advocated and continues to advocate for direct, emergency rental assistance – a sustainable, responsible policy that will help keep Americans in their homes and ensure housing providers can pay their bills.

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Topics: legislative update, advocacy 2020 election