COVID-19 Eviction Protections What you need to know
about AB 3088 Tenant Relief Act of 2020 Urgency Act, Chapter 37,
Signed by Governor Newsom August 31, 2020, Takes Effect
AB 3088 limits a parkowner’s ability to evict a resident for
non-payment of rent due from March 1, 2020 to August 31, 2020,
the so-called Protected Time Period, and rent that accrues from
September 1, 2020 to January 31, 2021, the so-called Transition
Time Period. The statutory notices for each time period are also
different. All notices must be 15-Day notices.
As you likely know, Assembly Bill
3088 (Chiu), the Tenant, Homeowner and Small Landlord Relief
and Stabilization Act of 2020 passed the Legislature on August 31
and was signed into law that same night. Because this was
an urgency bill, the law became effective immediately.
Guidelines from the State of California are guidelines only, and
each county Public Health Officer will issue guidelines for
opening all of the various Phase 3 services that will
apply to their respective county. Parkowners should check with
their County Health Officer website for guidance that applies to
each county. Parkowners may also want to check each city website
to see if their cities have issued their guidelines on
opening up Phase 3 services.
The requirements of the CARES Act’s Paycheck Protection Program
(“PPP”), which provided forgivable loans of up to $10 million to
small businesses, were loosened on June 5, 2020. Through a new
law, known as the Paycheck Protection Program Flexibility Act
(“PPPFA”), the PPP was amended to provide additional time for
small businesses to use PPP funds and eased restrictions on how
funds are to be used.
On May 29, Governor Gavin Newsom extended an executive order from
March 16 that cleared the way for local governments to enact
COVID-19 related eviction moratoria. The order had been set to
expire Sunday but will now remain in effect through July 28. Most
locally approved eviction moratoria were set to expire May 31,
2020 in line with Newsom’s March executive order. However, since
that order has now been renewed, local eviction moratoria that
were tied to the order also will remain in place.
These are forms suggested for Management’s use when a resident
requests a deferral of rent. These are only suggested forms, not
intended as legal advice. We strongly recommend that you consult
with your legal advisor.
Given the extraordinary nature of the COVID-19 emergency, the
California Department of Housing and Community Development’s
Asset Management and Compliance Branch has created guidance
related to asset management and compliance functions for projects
in HCD’s portfolio.
The Department of labor has issued a new poster that must be
posted by employers with FEWER than 500 employees. The
poster is related to employee rights under the Families First
Coronavirus Response Act (FFCRA).
The Governor’s order which was issued yesterday, March 19, 2020,
Executive Order N-33-20, is a “stay at home” order. What does it
mean for mobilehome owners and managers? While it’s not yet
completely clear, the order, and materials referenced in it, and
the Governor’s press release seem to indicate that California
property owners and managers can continue to do business to keep
office and apartment buildings, condominiums, mixed use
facilities, self-storage facilities, retail centers and shopping
malls (mobilehome parks would be included in this group,)
functioning but only:
California Governor Gavin Newsom today announced the launch of a
new Novel Coronavirus (COVID-19) public awareness campaign to
provide useful information to Californians and inform them of
actions they can take to further prevent the spread of the virus.
The campaign is anchored by a new, consumer-friendly
website, www.covid19.ca.gov, that highlights critical steps
people can take to stay healthy and resources available to
Californians impacted by the outbreak, including paid sick leave
and unemployment assistance.
Housing Communities Association online at www.wma.org.
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