California Eviction Moratorium Update: New Law Extends Protections Until June 2021
California Eviction Moratorium Update: Last year, Gov. Gavin Newsom signed AB 3088 into law, establishing the strongest rent-control laws in the country. Recently, SB 91 extended those measures until June 30.
Whether you’re a landlord or tenant in California, it’s crucial to understand the effects of the state’s current rent moratorium – and the recent changes that went into effect with SB 91.
On Jan. 29, 2021, Gov. Gavin Newsom signed landmark legislation into place that extends the California eviction moratorium through June 30, 2021 and protects tenants’ credit.
These rent control measures include a number of wide-ranging impacts for both landlords and tenants. These changes have raised a number of questions.
What Did AB 3088 Change?
AB 3088, signed into law Aug. 31, was a COVID-19 tenant and landlord protection bill that prevented tenants from being evicted due to COVID-19-related hardship through Feb. 1, 2021. It also extended anti-foreclosure protections in the Homeowner Bill of Rights to small landlords, which affects both tenants and landlords.
How Does AB 3088 Impact Tenants?
The law states no tenant can be evicted before Feb. 1, 2021, as a result of rent owed due to a COVID-19-related hardship. In order to qualify, the tenant must provide a declaration of hardship that occurred between March 4 and Aug. 31, 2020. For a COVID-19-related hardship that occurs between Sept. 1, 2020 and Jan. 31, 2021, tenants must also pay at least 25% of the rent due to avoid eviction.
How Does AB 3088 Impact Landlords?
Additionally, AB 3088 made it so that landlords can begin to recover this debt on March 1, 2021. Small claims court jurisdiction is temporarily expanded, as well, to allow landlords to recover these amounts. Landlords who don’t follow the court evictions process could face increased penalties under the act.
How Does SB 91 Impact The California Eviction Moratorium?
The COVID-19 Tenant Relief Act, or SB 91, went into effect Jan. 29, 2021, extending the statewide eviction moratorium through June 30, 2021. Additionally, it created measures to protect tenants’ credit. It also established a State Rental Assistance Program that allocates $2.6 billion in federal dollars to struggling tenants and small property owners. The fund offers property owners 80% of unpaid rent from their tenants if they agree to waive the other 20% owed.
What Should I Do If I’m A Landlord Or Tenant?
As you can imagine, there are a number of exceptions and exemptions with any unprecedented challenge like COVID-19. Whether you’re a tenant or a landlord, the real estate attorneys at The Law Offices of Steffanie Stelnick can help you better understand your situation and, more importantly, what your options are. We don’t charge for phone calls, emails or questions. So please contact us immediately.
Let’s look at all your options and determine the best course of action for you and your family. Contact The Law Offices of Steffanie Stelnick today to set up a complimentary consultation.
About The Law Offices of Steffanie Stelnick
The Law Offices of Steffanie Stelnick is a full-service civil litigation law firm in California that focuses on real estate law, with cases in estate planning, probate, landlord and tenant disputes and contract disputes. Mrs. Steffanie Stelnick represents builders, small and large property management companies, investors, brokers and all types of real property owners. In 2020, she was recognized by the American Institute of Trial Lawyers as Litigator of the Year. Mrs. Stelnick believes all landlords and tenants should know their rights, and when it comes to representation, experience matters. The Law Offices of Steffanie Stelnick has handled thousands of real estate cases with a strong, aggressive approach that ensures all clients operate on an even playing field in a litigation environment. Founded in the Santa Clarita Valley, this premiere real estate law firm has offices throughout the state of California, including Encino, San Francisco and Sacramento.
Leave a Reply
Want to join the discussion?Feel free to contribute!