CA Foreclosure Moratorium

The California Govenor has extended the foreclosure Moratorium until June 30, 2021.  President Biden has also extended a foreclosure moratorium for Federally guaranteed mortgages (FHFA) through June 30, 2021.  Most all mortgage servicers are following this guideline.  If you need assistance with extending your forbearance or applying for a loan modification, please complete our Online Intake Form

CA Eviction Moratorium

Californina Govenor has extended the eviction moratorium throught June 30, 2021. That means Renters are protected from Eviction until June 30, 2021 - No evictions for nonpayment of rent if tenant:

👉  Returns a Declaration of COVID-19 related financial hardship under  penatly  of perjury within 15 days of receipt of notice of Non-payment.

👉   Higher income tenants (median household income of $100K or 130% over, whichever is greater) may be requested to provide documentation to support their declaration upon a landlord's request.

👉   Applies to all residential tenants (including mobile home tenants), regarless of immigration status.

California Covid-19 Moratorium Timeline

  • February 28, 2021

    Date by which Landlord must provide Tenant with notice of what is owed and information about the Emergency Rental Assistance Program in the language in which the lesase was negotiated

  • March 15, 2021

    Estimated start date for when tenants can abein to apply to Emergency Rental Assistance Program or rental assistance to pay past owed rent

  • June 30, 2021

    Tenant must pay at least 25% of rent from month of September 2020 through June 2021 (can have been paid monthly or in a lump sum)

  • July 1, 2021

    Full rental payments are obligated once again

  • August 1, 2021

    LANDLORDS CAN BEGIN pursuing full rent owed
    Civil Debt through court for April 2020 through June 2021 debt can issue non-payment unlawful detainers for rent unpaid July 2021 forward.

Fair Housing Covid-19 Eviction Moratorium Facts

Fair Housing Protections
Covid-19 can generate conditions where an individual is perceived as having a disabilityor cause long term or permanent impairments and therefore be protected from discrimination on the basis of disability.
In negotiating any rental payments, tenants cannot be treated differently in the process on the basis of any local, state, or federal protected class such as race, color, family status, disability, religion, sex, national origin, sexual orientation etc.

Sexual Harassment claims are on the rise. Landlords cannot ask for sexual favors to pay for rent.

National Origin complaints in relation to Covid-19 are also increasing. Residents cannot be discriminated against because they appear to come from a country thought to be associated with Covid-19.

Individuals with disabilities can request accommodations and modifications to ensure their safety from Covid-19 on the property.
Additional Legal and Financial Protections for Tenants
Landlords must give a 15-day notice for nonpayment, not including weekends or judicialholidays to pay rent or be evicted.

Landlords are required to provide COVID-19 related financial hardship declaration forms in the same language the rental agreement was negotiated in.

If tenants have ‘good reason’ for missing the 15-day deadline, they can still file through the court for similar protections.

Eviction cases involving nonpayment of rent between March 4, 2020 – June 30, 2021 will be limited in public disclosure (“masked”).

If the landlord is shown to be evicting the tenant for COVID-19-related nonpayment of rent amounts but is stated as ‘Just Cause’ the same protections apply before June 30, 2021.
Tenants Still Responsible for Paying Unpaid Amounts to Landlords
So long as the tenant with COVID-19 related financial hardship follows the bill’s procedures, any unpaid rent due between March 4, 2020 – June 30, 2021 is not a ground/basis for eviction but is still owed to the landlord as a form of consumer debt.

Small claims court jurisdiction is temporarily expanded to allow landlords to recover these.

Landlords may begin to recover this debt on August 1, 2021. This expanded small claims court provision sunsets on July 1, 2025
Emergency Rental Assistance Program
Federal Funds will be available through the Emergency Rental Assistance Program (ERAP) to assist in paying owed rent between April 1, 2020 and March 31, 2021

Tenant must earn less than 80% of area median income for consideration.

Lower income tenants will be prioritized.

Optional for Landlord to participate in program.

If landlords participate, rental assistance can pay up to 80% as long as the remaining 20% of owed debt is forgiven.

If landlords choose not to participate, rental assistance can pay up to 25% of the owed debt. No debt will be forgiven under this option.
Protections for Small Landlords
Two new laws, AB 3088, and SB 91, provide relief to homeowners and landlords with four (4) or fewer properties, whether those properties are owner-occupied or not, and who have had difficulty making mortgage payments because of COVID-19.

If you have a federally backed mortgage, you can request forbearance pursuant to the federal CARES Act to help you avoid becoming delinquent on your mortgage.

There is a Federal and CA State Foreclosure Moratorium until June 30, 2021. If you need assistance with applying for a loan modification or forbearance on your mortgage, complete our Online Intake Form for individual assistance.

***Significant Penalties for Landlords Who Do Not Follow Court Evictions Process ***

Penalties on landlords who resort to self-help (i.e., locking the tenant out, throwing property out onto the curb, shutting off utilities) to evict a tenant, rather than going through the required court process.
For additional information start by filling out our  online intake form or call us at 714.204.2314 to set up an appointment today!