Evictions:
State panel changes plans, keeps ban on evictions in place.
A statewide ban on evictions of renters remained in place Wednesday, as California judicial leaders, seemingly prepared to lift the moratorium they imposed two months ago, abruptly put the issue on hold to give lawmakers and Gov. Gavin Newsom time to create a new plan.
The Judicial Council, which makes policy decisions for the state’s courts, had scheduled a vote Wednesday on a proposal to allow evictions to resume after Aug. 3. But about an hour before the vote was to have been announced, Chief Justice Tani CantilSakauye, the council chair, announced a change of course.
“After discussions with the governor, legislative leaders and Judicial Council members — as well as hearing from residents with many different viewpoints — I have suspended for the time being the vote on the emergency rules dealing with evictions and judicial foreclosures,” CantilSakauye said. “I believe the executive and legislative branches will need more time to sort through various policy proposals.”
In a separate action, the council voted 172 Wednesday to repeal another order it issued in April that required
courts statewide to release without bail defendants arrested for misdemeanors or nonviolent felonies. Exceptions were for felonies involving domestic abuse, stalking, sex crimes or drunken driving.
The tabling of the eviction vote highlighted an unexpected difference of opinion among the 21 council members, who include judges, lawyers and legislators.
The Judicial Council’s administrative director, Martin Hoshino, had said the council’s emergency order had served its purpose and was no longer needed.
“These rules achieved their goals: to reduce harm, save lives, and help ‘flatten the curve’ of the pandemic” by allowing people to remain in their homes, Hoshino said.
But state Sen. HannahBeth Jackson, DSanta Barbara, a Judicial Council member, argued for keeping the eviction ban and said the council should give lawmakers time to address the issue. The council told tenants in April that they would not face eviction for nonpayment of rent until 90 days after the emergency was over, and “it certainly isn’t over,” Jackson said in an interview.
The council’s order, which took effect on April 13, halted legal procedures used by property owners to initiate and enforce evictions — in particular, the summons that requires tenants to respond within five days. While Newsom had previously ordered a twomonth halt on evictions of tenants unable to pay rent because of the pandemic, an order due to expire July 27, the council’s order applies to all evictions regardless of cause.
Assemblyman David Chiu, DSan Francisco, introduced a bill Wednesday to bar evictions throughout the pandemic. If approved, AB1436 would take effect next year.
San Francisco supervisors endorsed a similar measure Tuesday for evictions within city limits.
Debra Carlton of the California Apartment Association said any such legislation would harm property owners by depriving them of rent payments. The association supports SB1410 by Sen. Lena Gonzalez, DLong Beach, which would provide state funds to landlords whose tenants were unable to pay rent because of the pandemic.
“Those owners will struggle to pay their own bills, resulting in foreclosures at many properties and the loss of muchneeded rental housing,” Carlton said.
Nettie Atkisson and her husband own a duplex in San Francisco’s Lower Pacific Heights neighborhood and rent the upstairs apartment to a family. She spoke of her work in the community — raising money for a playground at her children’s elementary school, working at the local food bank during the pandemic — and of rents that barely cover the interest on their mortgage, leaving the principal still unpaid.
Atkisson pointed out that renters who are shielded from eviction still owe landlords their rent, whether they can pay it or not.
“How are they going to pay back their rents?” Atkisson asked. “What these people need is rental assistance.”