Page 93 - AAGLA 2020-11
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from eviction, tenants are required to pay at least 25% of their rent either monthly or in the aggregate by January 1, 2021.
Assembly Bill 3088 also provides that, until February 1, 2025, a small claims court has jurisdiction in any action for recovery of a COVID-19 rental debt, regardless of the amount demanded. This provision of the bill also exempts a claim to recover a COVID-19 rental debt from the prohibition on filing more than 2 small claims actions. Rental housing owners can still file a lawsuit in the civil division of the Superior Court. In addition, this bill allows evictions to protect health and safety and allows evictions that began prior to March 1, 2020 to proceed. We were also successful in getting an important preemption of local eviction moratoriums in that any local rent moratoria measure, however delineated, that occurs between August 19, 2020, and January 31, 2021, shall have no effect before February 1, 2021.
Shortly after Assembly Bill 3088 was enacted, the Federal Centers for Disease Control and
Prevention (CDC) issued a public health order on September 2, 2020 that places a moratorium on evictions for tenants who provide a declaration that they are unable to pay rent and meet certain other requirements. Tenants still owe the rent and are subject to eviction if they do not pay the amount owed in full by December 31, 2020. The Newsom Administration does not plan to issue specific guidance or written clarification that Assembly Bill 3088 preempts the CDC order. It is not clear whether the CDC order applies in California, or how it applies to individual cases. According to the California Judicial Council, the court’s rule-making body, “a court may determine eventually that it does apply, at least for those tenants not protected by state law, so a tenant unable to pay rent may want to provide the landlord with a declaration under the CDC order if they can do so.”
Assembly Bill 3088 is intended as a stopgap
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