Update on SCRHA Lawsuit Against County of San Diego (Eviction Moratorium)

After many months of waiting, SCRHA has received a decision on one component of our lawsuit against the County of San Diego and its overreaching eviction moratorium from last summer. The three-judge panel hearing SCRHA’s appeal of the denial of our motion for preliminary injunction dismissed our appeal as moot.

In short, the motion was dismissed as “moot” since the ordinance expired last year. However, one panel-member offered a very well-reasoned dissenting view, understanding the concerns of the association and industry. This excerpt from the dissenting judge’s opinion sums up SCRHA’s concerns: “The County did not pass this moratorium in 2020 when the public health and economic outlook were dire. Rather, it took this sweeping action in May 2021—when it appeared the pandemic was behind us—raising the possibility that the County used COVID-19 as a pretext to pursue other political ends under the cover of emergency powers. And the County might very well do it again: It refuses to relinquish its emergency powers and has not sworn off enacting a similar moratorium in the future.”

We wish to reinforce that this decision was specific to our appeal regarding the preliminary injunction filed immediately after the ordinance took effect. The district judge hearing our case has not opined on the merits of our claims in their entirety. This recent action will likely encourage that judge to make a decision on the merits. Whatever the district judge decides, SCRHA will have the option to appeal his decision.

SCRHA sincerely thanks members for supporting this effort and remaining engaged. As you can see, lawsuits are not always quick solutions but still worth pursuing, especially when it comes to government overreach.