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Update on Governor Newsom’s Executive Orders on Eviction Moratoria

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. For information on locally imposed eviction moratoria, please visit WMA’s Covid 19 page where there is an updated list of local eviction moratoria. Newsom’s order granting more time to tenants to respond to unlawful detainer actions evictions has now lapsed. The State Judicial Council’s rule on evictions remains in effect. This rule prohibits most new evictions and stalls previously filed evictions. The Federal Eviction moratorium for properties that are financed by Freddie and Fannie mortgage loans or that participate in Section 8, also remains in effect until late July.

Take Away:

1. Follow any local government moratorium or federal eviction moratorium if your property is federally assisted. These measures frequently limit the ability to serve 3-day notices to pay or quit. Many of the local moratoria also limit the ability to carry out no fault evictions and allow extended repayment plans.

2. If your mobilehome park is not subject to the federal moratorium or a local ordinance, check with your park attorney to see if you can serve a 3-day notice to pay or quit. Because of the Judicial Council rule, you may not be able to enforce it in court until the Judicial Council temporary rule expires.

Click here to read the Governor’s new Executive Order.

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