They also increase penalties for rental homeowners who threaten access blocks

New moratorium on evictions protects the undocumented

The economic crisis generated by the COVID-19 pandemic has caused many tenants to be unable to pay their rent. (Getty Images)

Photo: John Moore / Getty Images

Under the new moratorium on evictions that went into effect in California from September through January 31 for tenants affected by the COVID-19 pandemic, undocumented immigrants are included, but also lhe fines for landlords who threaten to block access to rental housing or shut them out will be increased tenfold.

During a conference call hosted by Ethnic Media Services, the San Francisco Democratic Assemblyman David Chiu, author of AB 3088 that extended the eviction moratorium, gave an update on what was achieved and what could not be done to prevent mass evictions of tenants who cannot meet their financial obligations.

A former immigrant rights lawyer, Chiu said undocumented tenants qualify for this moratorium on evictions. “It applies to all Californians regardless of their immigration status ”.

Regarding the sanctions for landlords who violate the new law, he specified that previously illegal blockades were penalized with $ 100 per day and up to $ 250 per incident. “Under AB 3088, they will increase to $ 1,000; and up to 2,500 for each time ”.

And he clarified that as long as the tenant pays a quarter of the cost of the rent each month before January 31, the landlord cannot evict him for the previous 11 months regardless of whether he was able to pay the rent.

Assemblyman David Chiu acknowledges that the moratorium on evictions is not perfect. (Courtesy David Chiu)

Remembered that the rule is that the tenant affected by COVID-19, sign a declaration under penalty of perjury before October 5.

“I want to emphasize that this law does not mean the cancellation of the rent. It will be deductible as a civil debt in the Small Claims Court as of March 1 ”.

He also noted that this policy only governs evictions based on non-payment. “Tenants cannot just violate their rent during this period and think that they will be protected by this law.”

He noted that they are also trying to particularly assist small property owners in deferring their foreclosure judgments.

“It is critical that tenants understand their rights, and every legislator, Governor Newsom and the administration will be involved in a broad public education campaign on this law.”

The law also provides strong protections so that tenants are not reported for non-payment to the credit bureaus.

He stated that there was a discussion about how state law interacts with local laws. “And what this law does is exempt existing local ordinances that are more protective, but during the next five months new local non-payment laws cannot be passed.”

The legislator acknowledged that AB 3088 is imperfect, but maintained that it is a temporary and necessary solution to a colossal problem in the face of the pandemic and recession. “Our hope is that it will give us time to consider options for the next legislative session, and to work with the new federal administration.”.

In January they will review what they need to do after January 31st. “From my perspective, the ultimate solution is for the federal government to support states that cannot fend for themselves.”

The unemployment brought on by the pandemic puts tenants in trouble. (Aurelia Ventura / La Opinion)

He pointed out that everyone experiences budget challenges. “California just hit a budget deficit of $ 54 billion. Unfortunately the federal administration has not gotten involved, but our hope is that with a new government, in January financial relief can be provided to renters and landlords who are suffering. “

Russ Heinrich, a spokesman for the Agency for Housing, Consumer and Business Services, said they already have a portal that people can go to to get information about their rights and responsibilities around the protections being offered.

“And it takes you to a page on the Department of Real Estate site that has a summary of what AB 3088 does. We have all the forms that are required for the COVID-19 hardship statement. They are in six languages ​​such as English, Spanish, Chinese, Korean, and Vietnamese. We also have the forms that owners must have to deliver to their tenants ”.

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