Trump's eviction moratorium extension?

Question

Correct me if I'm wrong, but isn't the eviction moratorium extension recently signed by the president (hopefully with corresponding CARES refund) only for federally-backed rentals? In other words, those of us whose rental properties are not federally-backed are on our own.

Also, not only can't eviction cases proceed in the courts, the California Judiciary Council has actually shut down all eviction courts. It has also extended the eviction ban from the "end of the state of emergency" to 90 days after. That sounds like forever. How the heck do you count 90 days from an unknown date?

When a couple of landlords filed a suit against the Council, on the grounds that judges being unelected officials should not be legislating -- (hold your breath, for the incredible insanity yet to come) - the state Assembly stepped up to deliver the coup de grace.

SF ***. David Chiu authored AB1436 that not only will extend the eviction moratorium to 15 months after the pandemic is over; it also forbids landlords from collecting rent, unless the tenant volunteers to pay. This bill, approved by the Assembly, is currently working its way in the Senate.

Nathan Gesner · Answer

There's not much you can do. Yes, the moratorium is on federally backed loans. However, your state or city may have additional restrictions. And courts are shut down.I'm in a very Landlord-friendly (or as I like to refer to it: fair) state but even our local judge is very hesitant to move forward with an eviction.

Ricardo P. · Answer

@Marie Pruden you are correct. I think they might make adjustments to the bill that might benefit both sides of the party (landlords/tenants) but at this point I highly doubt it. But at this point it’s gone too far to stop it. Right after they vote it goes to the governor and he signs it and that’s that. I’m just not sure when it will take affect. Most laws take affect at the start of the new year or in the middle of the year. This one I’m not too sure about.

Marie Pruden · Answer

Thanks, Ricardo, for your insight. The bill still has to be "voted on the floor" (is that the correct term?) But at this point, it's as good as over, isn't it? Again, thank you. I'll continue praying for better days to come. God bless you.

Ricardo P. · Answer

I was actually watching it live as it was unfolding. The bill will be in affect through April 1 2021. That means from my understanding that tenants will have to start paying current rent BUT you can not evict for past owed rent until April 2022. I’m just not sure how tenants will get the memo 🤷🏽‍♂️ @Marie Pruden

Marie Pruden · Answer

Ricardo, The California Senate just passed the horrible AB1436. Here's the link to the story:https://californiaglobe.com/section-2/eviction-moratorium-bill-passes-senate-judiciary-committee/

Ricardo P. · Answer

@Marie Pruden I’m with you let’s just hope and pray for a better tomorrow

Marie Pruden · Answer

Thank you, Ricardo P. for the info on AB1436. Yes, I'm in California. I have written or legislators, early on, as soon as I read about this horrible bill. So I'll pray, wait and see.Yes, I've just read today about the Judicial Council's voting to drop the eviction moratorium but it seems they're just waiting for something coming from the legislature to replace it. And given our knowledge of AB1436, I'm not very optimistic a replacement would help. That may even exacerbate the situation. Ricardo, I truly appreciate your having responded to my post. Thank you and God bless you.

Ricardo P. · Answer

@Marie Pruden I’m not too sure on the moratorium the president put into place to protect tenants but I think it’s supposed to expire in December which isn’t bad at all. Depending on how you see it. But I haven’t read about it at all. Now I’m assuming you are in California correct? The judicial council voted last week to drop their eviction moratorium and eviction papers will start to be processed through the court house starting September 1st. From my understanding NO courthouse in California is taking in new Eviction paperwork. I believe the September date they put out was to process evictions that were pre-covid meaning tenants who didn’t pay January-February and March. I can be wrong but with City,state and federal moratoriums It can get confusing. I have a neighbor landlord from down the street which has a pending case from a tenant who hasn’t paid rent Since January. And he’s still in the unit today. Now, ab1436 is a bill that I’m sure will become law here in California. The bill expires April 1st 2021 but it does state you can’t evict a tenant for rent owed during the pandemic until 2022. The bill is being heard today at 9am so make sure you call your legislative leaders and let them know not to pass this horrible law.