AB 2179

Bill Subjects

Abstract

(1) Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. The act, among other things, requires that a notice that demands payment of COVID-19 rental debt served pursuant to specified law be modified, as provided. The act requires that a notice that demands payment of rent that came due during the transition time period, as defined, comply with certain requirements, including that the notice include certain text which varies depending on the date that the notice is served. This bill would require notices described above that are served on or after April 1, 2022, and before July 1, 2022, to include certain text. The act subjects an ordinance, resolution, regulation, or administrative action adopted by a city, county, or city and county in response to the COVID–19 pandemic to protect tenants from eviction to certain limitations. The act provides that any extension, expansion, renewal, reenactment, or new adoption of a measure by the specified local authorities, which occurs between August 19, 2020, and March 31, 2022, has no effect before April 1, 2022. The act also imposes requirements and limitations on any provision described above that is in effect on August 19, 2020, and that allows a tenant a specified period of time in which to repay COVID-19 rental debt. If such a provision required the repayment period to commence on or before May 1, 2022, the act provides that an extension of that date shall have no effect, and if such a provision required the repayment period to commence after May 1, 2022, or conditioned commencement of repayment on the termination of a state of emergency, the act deems the repayment period to begin on May 1, 2022. The act prohibits such a provision from extending the period of time to repay COVID-19 rental debt beyond the period that was in effect on August 19, 2020, and in no case beyond May 31, 2023. This bill would instead provide that any extension, expansion, renewal, reenactment, or new adoption of a measure by the specified local authorities, that occurs between August 19, 2020, and June 30, 2022, has no effect before July 1, 2022, and would make a conforming change. The bill would extend the date for which the requirements and limitations described above relating to COVID-19 rental debt repayment periods are determined to August 1, 2022. The bill would prohibit any provision by the specified local authorities permitting a tenant to repay COVID-19 rental debt beyond August 31, 2023. (2) Existing law, the COVID-19 Rental Housing Recovery Act, among other things, on or after October 1, 2021, and before March 31, 2022, places certain restrictions on unlawful detainer actions pertaining to residential real property and based, in whole or in part, on nonpayment of rental debt that accumulated due to COVID-19 hardship. The act requires that a notice for a residential rental property that demands payment of COVID-19 recovery period rental debt served pursuant to specified law be modified, as provided, including to include certain text. This bill would require the modifications to a notice that is described above to be made only for notices served before April 1 2022, and would specify new modifications for notices served on or after April 1, 2022, and before July 1, 2022. The act prohibits a court from issuing a summons on a complaint unless the plaintiff also files, for tenancies initially established before October 1, 2021, a statement, under penalty of perjury, as specified, verifying certain information related to applications for government rental assistance to cover the rental debt demanded from the defendants in the case. Existing law prohibits a judgment or default judgment from being issued in favor of the plaintiff unless the court finds that the plaintiff completed an application to the pertinent government rental assistance program to cover the rental debt demanded in the complaint and the application was denied, as specified. This bill would extend the application of these provisions to June 30, 2022. The bill would require, prior to the court issuing a summons under these provisions, a plaintiff to file a statement, under penalty of perjury, that a determination is not pending on an application, filed prior to April 1, 2022, for government rental assistance to cover any part of the rental debt demanded from the defendants in the case. The bill would allow, in an action filed on or after April 1, 2022, and before July 1, 2022, a judgment or default judgment to be issued in favor of the plaintiff if the court finds that a determination is not pending on an application, filed prior to April 1, 2022, for government rental assistance to cover any part of the rental debt demanded from the defendants in the case. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.