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 Member Update
New Legislation Being Proposed That May Impact Landlords
ew Eviction Legislation Potential Financial Assistance for Small Landlords: Introduced: December 7th, Another proposed bill is to be a financial assistance was the swearing-in day for bill for small landlords. However, no discussion has the 2020-21 State Legislative yet taken place on where the funding will be coming session. Accordingly, proposed from while the State is experiencing a budget crisis. legislation is starting to be
introduced. Proposals so far include a proposed extension of Assembly Bill 3088, the stop-gap measure introduced at the end of the
last legislative session that placed most evictions on hold – this proposal in the Assembly would extend Assembly Bill 3088 through December 31, 2021. The State Senate is also going to introduce a bill that would extend Assembly Bill 3088 only through the first quarter of 2021.
Assembly’s Proposed Extension of Assembly Bill 3088: Here are a few highlights of the Assembly’s proposed extension of Assembly Bill 3088, which has been proposed by Assembly Member Chiu:
• Extension of provisions through December 31, 2021
• Increase in illegal lockout penalties and anti- retaliation protections; landlords will be prohibited from changing existing service levels provided to renters
• Makes small claims court the exclusive means for collection of unpaid rent debt, and claims could not commence prior to January 1, 2022
• Higher income tenants would still be required to provide additional documentation, but landlords must provide evidence that they are aware of the tenant’s high-income status at the time of the request
• Prohibitions changing the language on the notices provided to tenants
• Under consideration is a provision for local preemption, which would mean that State Law would supersede local eviction moratoriums.
• Missed rental payments due to COVID-19 impacts cannot be reported to credit agencies or future credit reporting
Assembly Bill 3088 Stakeholder Meeting: On December 7th, an Assembly Bill 3088 stakeholder meeting was organized by the Business, Consumer Services and Housing Agency. Highlights from the meeting follow:
• For any type of financial relief package, Federal funding is necessary.
• Assembly Bill 3088 is characterized as a “lifesaving bill.” Discussion of a Johns Hopkins study that demonstrates that states that were able to maintain eviction protections slowed the spread of COVID- 19. In the 27 states that lifted COVID-19 eviction protections, the Johns Hopkins study indicated that there were 430,000 more cases and 10,700 more deaths. The results of this study will inevitably be used in the upcoming debate on Assembly Bill 3088’s extension.
• Many of the stakeholders felt the use of Federal relief funds should support renters and landlords and not be directed at paying off existing rental debt. The consensus among the tenant advocate stakeholders is that rent should be forgiven and that any rental assistance should be to help pay current rent.
• The focus for the Business, Consumer Services and Housing Agency and stakeholders present was to assist small tenants only. There was no discussion on any type or relief for larger tenants.
New Media Series Documents Eviction Crisis: CALmatters has relieased a new series, “Staying Sheltered,” which documents a potential eviction crisis. The series is available at the following link:

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