The Mercury News

Landlords begin testing eviction ban

Lawsuits across the state threaten broad tenant protection­s

- By Louis Hansen lhansen@bayareanew­sgroup.com

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.”

 ?? STAFF FILE PHOTO ?? A few landlords are suing to stop California’s eviction ban.
STAFF FILE PHOTO A few landlords are suing to stop California’s eviction ban.

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