Landlords begin testing eviction ban
Lawsuits across the state threaten broad tenant protections
Three landlords across the state are suing to stop the Judicial Council of California’s eviction moratorium, arguing the council has exceeded its powers and should allow some delinquent renters to be removed from their homes during the COVID-19 pandemic.
Lawyers for the landlords say the council’s temporary ban on state courts handling eviction hearings is unconstitutional and that any protections should be enacted by the Legislature.
“Why is the cost of this recession placed on the backs of a handful of citizens?” said Ventura attorney Doug Michie. “It’s removed the leverage of landlords to negotiate with their tenants.”
A victory by landlords could substantially weaken renter protections across California.
As the COVID-19 lockdown stretches into the summer, unemployment claims have reached record levels. Bay Area cities and counties have passed a patchwork of temporary tenant protections, which have drawn criticism from landlords but little legal action.
Complaints have been filed against the Judicial Council of California in state and federal
court in Southern California and the Central Valley. A successful challenge to the moratorium could thwart the ban statewide.
The council in April placed a temporary ban on state courts handling eviction proceedings. Although landlords could file notices against delinquent tenants, in all but emergency cases the court would not act. The moratorium is scheduled to end 90 days after the California state of emergency is lifted, or earlier if the council chooses.
The council considered letting the ban expire in August but reversed course after state lawmakers warned they could not get legislation in place quick enough to prevent a potential wave of evictions.
In allowing the ban to continue, Chief Justice Tani Cantil-Sakauye said the unprecedented crisis requires more work for all branches of state government. “I believe the executive and legislative branches will need more time to sort through various policy proposals,” she said.
The California Apartment Association, the state’s largest lobby for rental property owners, opposed the moratorium but has not joined any suits.
Michael Poon, an attorney for the conservative Pacific Legal Foundation, said the ban is harming small landlords who are unable to pay mortgages or draw retirement income because of unpaid rent. “It sweeps in a lot of landlords,” he said.
The foundation filed suit in Kern County Superior Court on behalf of two small landlords seeking to remove tenants for failing to pay rent in a small apartment complex and mobile home park. The suit argues the council’s actions exceed their authority and are unconstitutional.
Michie, a real estate lawyer, sued the council and Gov. Gavin Newsom in May in U.S. District Court in the Central District of California, also arguing the action was unconstitutional and unfair to landlords.
A council spokesman declined to comment on the suits.
Michael Trujillo, a lawyer with the nonprofit Law Foundation of Silicon Valley, said the state protections provide a valuable backstop for unemployed and vulnerable tenants. Most Bay Area cities and counties also have enacted bans to help keep renters in their homes and, in some cases, offer extended periods to repay missed rent.
Trujillo said state courts have largely upheld city powers to enact and enforce reasonable protections for tenants, including rent control and limits on certain evictions.
During the pandemic, he said, “It’s a critical public health protection.”