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WMA LEGISLATIVE UPDATE: Important Information Regarding AB 3088 (Chiu), Tenant Relief Act
By Chris Wysocki, WMA State Legislative Advocate

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.

There appears to be some confusion regarding the enactment of AB 3088 (Chiu) and the recent Federal Regulation that halts residential evictions.  We wanted to take this opportunity to clarify how AB 3088 is affected by the Federal order.

The Federal Regulation by the US Centers for Disease Control and Prevention (CDC) that temporarily halts residential evictions across the country as a result of the President’s order does NOT impact AB 3088.  State law, in this case, prevails.  Rumors suggesting that this Federal action pre-empts AB 3088 are false.

To view the President’s Order, please click on the following link:

https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf

WMA is currently working on providing forms for our parkowners to ensure compliance with AB 3088.  Since our notices are different from apartment owners, we need these forms to conform to Civil Code Section 798.56, we need to modify the 3/60 day notices so they match up with AB 3088, which requires a 15/60 day notice.  We are working expeditiously with our legal team to develop the appropriate forms for distribution to our members.

As for the core elements of AB 3088, the California Apartment Association (CAA) that assisted in the drafting of this legislation provided the following fact sheet:

https://caanet.org/app/uploads/2020/08/COVID-19-Relief-Act-Explainer-Final.pdf 

Finally, here are several links to helpful information and resources that are available to help better understand the new Tenant Relief Act:

State of California Housing is Key Website and Question and Answer:

https://landlordtenant.dre.ca.gov/

https://landlordtenant.dre.ca.gov/faqs.html

Governor Newsom’s Press Release:

https://www.gov.ca.gov/2020/08/31/governor-newsom-signs-statewide-covid-19-tenant-and-landlord-protection-legislation/

HCD State Income Limits for 2020:

https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.hcd.ca.gov%2Fgrants-funding%2Fincome-limits%2Fstate-and-federal-income-limits%2Fdocs%2FIncome-Limits-2020.pdf&data=02%7C01%7C%7Cded674cc1916482bb75d08d850169d7d%7C1bec19d1dcb940699765bf9be65126c7%7C0%7C0%7C637347405640557432&sdata=%2FXRy2NZrqPApLdyba%2BgdkeV6pSzir9BgNSEuMryAht8%3D&reserved=0

Thank you for your attention to this matter. We want to clarify any confusion caused by the issuance of the Federal order as it relates to AB 3088.  We will notify members as soon as the forms are finalized by our legal team and available for purchase and on FormsRUs.

As always, if you have any questions on this or any other matter, please feel free to contact me at (916) 448-7002 or e-mail me directly at chris@wma.org.

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