Legislative Update - October 8, 2021

With the end of the statewide eviction moratorium on September 30, housing providers must now serve a new notice when rent is not paid and be prepared for new court procedures for Unlawful Detainer cases. Housing providers are encouraged to apply for Emergency Rental Assistance on behalf of residents who have not applied on their own if they have not done so already. Every effort with regard to rental assistance must be made before the courts will issue a summons in an Unlawful Detainer or a judgement in Small Claims. Click here for more information on AB 832. 

SCRHA members may now access the new 3-Day Notice to Pay or Quit form for the COVID-19 Recovery Period, Form 404. Because the Unlawful Detainer process that came into effect on October 1 is brand new, members are strongly encouraged to consult with an attorney if considering an eviction.

San Diego City Council Approves Plan to Reallocate $5M in Rental Assistance for Tenant Legal Support
The San Diego City Council voted unanimously this past Tuesday in favor of a plan from Mayor Todd Gloria to divert $5M from the Housing Stability Assistance Program (HSAP) to a new program intended to provide eviction-prevention education and legal assistance to tenants. SCRHA submitted a comment letter to the council in support of education and outreach, but asking for equity when it comes to legal representation. As it stands, the proposal is designed to only help tenants, despite the funding source being intended to help both parties. No member of the council spoke about the significant legal costs that housing providers, many of whom have not received rental income in some time) will face as a result of the new Unlawful Detainer process that places almost the entire burden of proof on the property owner or manager. The proposal will now go back to the San Diego Housing Commission who is charged with creating the program specifics and selecting a third party to administer the program. It is anticipated it will return the council in November for approval. Read more.