How long should California ban evictions? Lawmakers look at extending coronavirus relief

A group of California lawmakers unveiled a new bill Wednesday that would ban landlords from evicting tenants for failure to pay rent during the coronavirus public health emergency, aimed to extend expiring protections Gov. Gavin Newsom handed down three months ago.

“During this pandemic, millions of California renters have been hanging on by a thread,” said Assemblyman David Chiu, D-San Francisco, who’s carrying Assembly Bill 1436.

Newsom in March issued an executive order prohibiting evictions of tenants affected by COVID-19, such as those who have taken ill with the disease or those who lost their jobs because of the governor’s stay-at-home order. Newsom extended that order to last through July 28.

In addition, the Judicial Council of California in April put a hold on evictions and foreclosures as part of a response to the pandemic. That hold is currently scheduled to expire on Aug. 3, with the Judicial Council set to make a final decision on Wednesday.

Chief Justice Tani Cantil-Sakauye announced she suspended a Judicial Council vote on Wednesday to decide whether to end coronavirus-related rules on foreclosures and evictions. She said she decided to suspend the vote after discussing the matter with the governor, legislative leaders and Judicial Council members, as well as hearing concerns from residents.

“I believe the executive and legislative branches will need more time to sort through various policy proposals,” Cantil-Sakauye said in a news release. “We will work with the Governor and legislative leaders on an updated time frame for amending, sunsetting, or repealing the Judicial Council’s rules, orders, or other actions taken under the authority assigned to us under the Governor’s Executive Order.”

In the Assembly, Chiu said that many Californians could be rendered homeless if the Judicial Council of California lifts the hold.

“We all know we cannot allow a wave of mass evictions. That would have catastrophic consequences for California,” Chiu said.

Chiu’s bill, which is co-authored by Assemblywoman Buffy Wicks, D-Oakland, and Assemblyman Rob Bonta, D-Alameda, would prohibit landlords from evicting tenants for non-payment of rent for the duration of the state or local COVID-19 emergency, plus 90 days.

After 90 days, tenants will be required to pay rent and can be evicted if they do not do so. However, under the bill, landlords must wait a full year after the end of the emergency before they can use civil action to collect rent from a tenant, and they will be forbidden from using the eviction process.

A separate bill, Senate Bill 939, would prevent landlords from evicting certain commercial tenants during the pandemic.

Speaking on behalf of the residential bill at Wednesday’s press conference was Patricia Mendoza, who lives in Imperial Beach, in San Diego County. Mendoza said she lost her job working for a non-emergency medical transport company as a result of the COVID-19 emergency.

“I’m extremely worried of how I’m going to continue to keep a roof over my head,” she said.

The bill is facing an extremely tight timeline.

Brian Augusta, of the California Rural Legal Assistance Foundation, said that the Judicial Council could lift its moratorium on evictions by early August, resulting in “a tidal wave of evictions.”

“This is an unprecedented crisis. I think we all know that. And we need an unprecedented solution,” Augusta said.

This story was originally published June 10, 2020 at 1:55 PM.