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Governor Newsom Signs Legislation Extending Eviction Moratorium

Courtesy photo by Jimmy Dean on Unsplash

Governor Gavin Newsom on Friday signed legislation to extend the state’s eviction moratorium through June 30, 2021.

“Once again, California is leading the way by enacting the strongest eviction protections in the nation, which will provide relief for millions of Californians dealing with financial difficulties as a result of COVID-19,” Newsom touted in a statement. “This law not only provides greatly needed support for tenants, but also provides relief to small property owners in need of assistance to pay for mortgages, thanks to $2.6 billion in federal stimulus funding.”

On Monday, the governor, Senate President pro Tempore Toni Atkins and Assembly Speaker Anthony Rendon announced an agreement on the legislation to extend the eviction moratorium established last year under AB 3088, which was set to expire at the end of the month. 

The legislation signed Friday pauses evictions for tenants who declare under penalty of perjury an inability to pay all or part of the rent due to a COVID-related reason. Tenants are still responsible for paying unpaid amounts to property owners, but those unpaid amounts cannot be the basis for an eviction, even after the moratorium ends.

SB 91 also establishes the State Rental Assistance Program to allocate the $2.6 billion in federal rental assistance California will receive. The program will target aid to income-qualified tenants with unpaid back rent. Assistance will also be extended to property owners who agree to waive 20% of unpaid rent. By agreeing to this waiver, property owners will become eligible for 80% in rent reimbursements for amounts owed between April 1, 2020 and March 31, 2021.

“Those of us pushing to get this done knew that there were literally homes and lives at stake. I am grateful for the collaboration that helped us succeed in the face of a very tight deadline. Our work is not over- we must push to find more lasting solutions that protect Californians at risk,” said Rendon.

Approximately $150 million of the federal funds will be reserved for tenants in counties with populations of 200,000 or less and the additional funds will be available to counties with populations larger than 200,000. The state will directly administer $1.5 billion through contracted entities, and local governments can either join forces with the state or administer their own programs. The State Rental Assistance Program will begin accepting applications from property owners and tenants in March.

SB 91 prohibits the selling or assigning of rental debt that was accrued from March 1, 2020 through June 30, 2021 until the end of the moratorium. However, the prohibition is permanent with respect to the rental debt of people at or below 80% of Area Median Income who meet the eligibility requirements of the Rental Assistance Program. Property owners or other housing providers are also prohibited from using COVID-19 related debt as a negative factor for evaluating a housing application, or as the basis for refusing to rent to an otherwise qualified tenant.

January 29, 2021

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