Quote:
Originally Posted by Stephan A Smith
Can't wait to see Brandon implement another eviction ban when people have to make a choice between paying rent or heating their apartment.
The way things are going, people are going to have to choose between paying housing costs or energy bills or eating. They will only get to choose one.
All I can say is people deserve every bit of this for voting for brain dean Brandon.
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I'm not so sure this will be that big an issue, by winter time all those that haven't paid rent or mortgages for 18 months will finally be thrown out on the streets. The eviction moratorium in California ends sept 30. It can be a tedious process.
As a quick reference guide, here are the remaining states that impose an eviction moratorium of some sort or another, as of 8/27/21:
➤California: Eviction moratorium remains in place through 9/30/21.
➤Connecticut: Landlords can’t file for eviction unless they’ve applied for federal rental assistance.
➤Illinois: Eviction moratorium remains in place through 10/3/21.
➤Massachusetts: Landlords can’t evict tenants if they have a pending application in for rent assistance.
➤Nevada: Landlords can’t evict tenants if they have a pending application in for rent assistance.
➤New Jersey: Eviction moratorium remains in place through 1/1/22.
➤New Mexico: Tenants can pause eviction for nonpayment of rent if they can prove they are unable to pay it.
➤New York: Eviction moratorium remains in place through 1/15/22, for “tenants who’ve endured a Covid-related setback or for whom moving could pose a health risk.” Landlords also can’t evict tenants if they have a pending application in for rent assistance.
➤Oregon: Landlords can’t evict tenants if they have a pending application in for rent assistance, and must give tenants until 2/28/22 to make up rent payments owed between the months of April 2020 and June 2021.
➤Washington: Eviction moratorium currently in place until 9/30/21. Landlords can’t yet file for eviction for rent payments owed between the months of April 2020 and June 2021.
➤Washington DC: Eviction moratorium expired on 8/26/21 for landlords who filed for eviction before the pandemic. All other landlords must provide tenants with at least 60 days’ notice, and can’t file for eviction until 10/12/21.
Below are more details about select states and cities.
California Eviction Moratorium
On August 31, 2020, California Governor Gavin Newsom signed Assembly Bill No. 3088, which bans evictions through January 31, 2021 (now extended through June 30, 2021). Specifically, it bans evictions for non-payment of rent between March 4 – August 31, 2020 due to a pandemic-related hardship. To qualify for the eviction protection, the tenant must provide a declaration of hardship.
For eviction protection for rent owed between September 1, 2020 – June 30, 2021, tenants must pay at least 25% of the rent due. Landlords may not collect late fees during this period. For more details, check out this resource.
Note that landlords may still evict tenants for other lease violations, such as criminal activity. The California eviction moratorium only applies to nonpayment of rent due to a COVID-19 hardship.
As many California counties continue to suffer high unemployment rates, don’t be surprised if the state continues shifting the unemployment problem to landlords rather than providing better unemployment benefits and support to needy renters.
The California eviction ban has been extended to sunset on September 30, 2021. It includes $5 billion in federal rental assistance to landlords and tenants. Additionally, the new agreement would increase rent reimbursements for late and future rent payments to 100% for landlords and tenants.
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Los Angeles Eviction Moratorium
The Los Angeles County Temporary Eviction Moratorium went into effect from March 4, 2020 through June 30, 2021. The Board of Supervisors once again extended its coronavirus eviction moratorium through the end of September 2021, according to the Los Angeles Times.
It goes further than the already-strict California eviction moratorium. Landlords may not evict tenants for nonpayment of rent, noise violations, nuisance, or unauthorized occupants or pets. Technically, the law states that the violation must be related to COVID-19, but evictions have effectively ceased in Los Angeles County.
San Francisco Eviction Moratorium
Surprising no one, San Francisco enacted its own additional eviction bans on top of the California state moratorium.
The city moratorium blocks most evictions through September 30, 2021. It also blocks “no fault evictions” through June 30, 2021. An intentional misnomer designed for political branding, “no fault evictions” are not evictions at all but simply non-renewal of lease agreements when the term comes to an end. San Francisco’s law forces landlords to continue renewing lease contracts, even to bad tenants or in situations where the landlord has other intentions for the property, such as moving in themselves or making overdue renovations. However, renters still have to submit a declaration saying they are unable to make full rent, and pay at least 25% of their monthly rent between Sept. 1, 2020 and June 2021, or in bulk, by Sept. 30, 2021 to avoid eviction.
San Diego Eviction Moratorium
Contrary to many San Diego landlords’ concerns, the City of San Diego has not placed any additional eviction restrictions in place, beyond the statewide ban. Still, the California eviction moratorium has prevented most San Diego evictions from going through.
Eviction Moratorium in New York
New York enacted even harsher eviction bans than California.
The COVID-19 Emergency Eviction and Foreclosure Prevention Act currently expires on January 15, 2022 (after having been extended several times).
Technically, renters must submit a hardship declaration to prevent evictions. But few evictions are taking place in New York right now.
Former governor Andrew Cuomo also issued executive orders banning late fees. He will also require landlords to allow tenants to use their security deposit toward rent—which leaves landlords completely unprotected in the case of tenant damage to their units.
The law does add some minor protections for landlords against foreclosure. But landlords still need to pay their outstanding mortgage balances, and the late payments still ruin their credit history.
NYC Eviction Moratorium
The New York City Housing Court suspended all pending eviction cases until February 26, 2021. While they have technically resumed since then, tenants can halt their eviction by filing a hardship declaration.
In other words, New York City landlords shouldn’t expect to enforce their lease contracts any time soon.
And, of course, the statewide eviction ban remains in place through January 15, 2022. However, housing advocates are already pushing to extend the deadline.
Washington State Eviction Moratorium
Washington State enacted a comprehensive eviction moratorium early in the pandemic, then repeatedly extended it. Governor Jay Inslee announced a “bridge” proclamation on June 24, 2021, between the eviction moratorium and the housing stability programs put in place by the Legislature. The bridge is effective July 1 through September 30, 2021.
During this “bridge” period, landlords must offer tenants a “reasonable” repayment plan before filing in court for eviction. They must also provide tenants with a list of assistance programs and support services. Read more at The Olympian, but don’t expect to walk away with a crystal clear idea of how to proceed.
The governor has said he will be “making adjustments to provide additional support for landlords and property owners.” That support is not yet clear, but is clearly not a priority for him.
https://sparkrental.com/eviction-moratorium/
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