Foreclosure & Eviction
NEW - www.HousingisKey.com
Website Launched to Assist Landlords, Homeowners, and Renters: The California Business, Consumer Services, and Housing Agency launched, HousingIsKey.com which will explain to tenants, landlords, and property owners what protections or obligations apply under the new law established by AB 3088. The website will also include information about resources for those at risk of losing their home, property, or apartment.
NEW - Governor Signs Statewide Tenant and Landlord Protection Bill
AB 3088 (Chiu, D-San Francisco) halts evictions as a result of rent owed due to COVID-19-related hardship. For COVID-19 related hardships that occur between September 1, 2020 and January 31, 2021, tenants must pay at least 25 percent of the rent due, and landlords may begin recovering debt on March 1, 2021. The bill also extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords. It should be noted that the CDC also announced a federal eviction moratorium on September 1, but the protections of the state-mandated moratorium are stronger.
Inland Fair Housing and Mediation Board (IFHMB)
Inland Fair Housing and Mediation Board has temporarily closed its offices to the public. However, they are continuing to provide resources during this COVID-19 crisis.
To contact their office:
- To report housing discrimination, call 909-984-2254 ext. 175
- Contact IFHMB staff via email at email@example.com or firstname.lastname@example.org
Background & History
U.S. Department of Housing and Urban Development (HUD)
U.S. Department of Housing and Urban Development (HUD) has suspended all foreclosures and evictions through the end of April (60 days) for single family homeowners with FHA-insured mortgages.
Governor Newsom Signs Statewide COVID-19 Tenant and Landlord Protection Legislation
On Monday, August 31, Governor Gavin Newsom signed legislation to protect millions of tenants from eviction and property owners from foreclosure due to the economic impacts of COVID-19. Find out more.
- These protections apply to tenants who declare an inability to pay all or part of the rent due to a COVID-related reason.
- Under the legislation, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 – August 31, 2020, if the tenant provides a declaration of hardship according to the legislation’s timelines.
- For a COVID-19 related hardship that accrues between September 1, 2020 – January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction.
- Tenants are still responsible for paying unpaid amounts to landlords, but those unpaid amounts cannot be the basis for an eviction.
- Landlords may begin to recover this debt on March 1, 2021, and small claims court jurisdiction is temporarily expanded to allow landlords to recover these amounts.
- Landlords who do not follow the court evictions process will face increased penalties under the Act.
- Additional legal and financial protections for tenants can be found online.
A new website was launched by the state to provide easier access to information and resources for landlords, tenants and homeowners. Information regarding COVID-19 rent relief will be released on the website as well. For more information visit their website.
Governor Newsom Executive Order Regarding Evictions
On Monday, March 16, the Governor issued an Executive Order (Number here) that authorizes local governments to halt evictions for renters and homeowners, slows foreclosures, and protects against utility shutoffs for Californians affected by COVID-19. Find Out More
- Prevents the residential evictions until May 31, 2020, if the basis of the eviction is non-payment of rent due to a job loss or decrease in income due to COVID-19.
- This does not relieve a tenant from having to pay rent, nor does it restrict a landlord from recovering the due rent.
- Requests public housing authorities to extend deadlines for housing assistance recipients or applicants to provide documents related to their program eligibility
- Directs the Business, Consumer Services, and Housing Agency to work with financial institutions to identify tools to provide Californians relieve from the threat of residential foreclosure and displacement.
- Requests financial institutions to implement an immediate moratorium on foreclosures and related evictions that arise due to a substantial loss of household/business income, or substantial out-of-pocket medical expenses, due to COVID-19.
- Requests the Public Utilities Commission (PUC) monitor measures undertaken by public and private utility providers to implement customer protections for critical utilities, including: electric, gas, water, internet, land-line, and cell phone services.