AB 1436 - Additional tenant protections

[Michael D.]

Since I'm still new here I figured I should start contributing by sharing this to the group.  A bill pending with the California legislature just came across my desk, AB 1436.  A link and a summary appear below.  It's just a proposed bill at this point, and while it may or may not become law (at least in current form), I think that it is a good indicator of where Sacramento is going towards in terms of tenant protections related to COVID-19.

http://leginfo.legislature.ca....

According to the legislative summary, the bill:

-"Prohibits a landlord from applying a security deposit or monthly rental payment for the satisfaction of an obligation other than the prospective month’s rent if the obligation accrued  between the date a state of emergency
relating to the COVID-19 pandemic was declared and either April 1, 2021, or 90 days after termination of the state of emergency, whichever is earlier (hereafter “effective time period”), unless the payment or security is specifically designated by the tenant for the obligation." 

-"Provides that a covered tenant, as defined, who failed to pay rent that accrued during that effective time period shall not be deemed to be in default and would prohibit any action for recovery of unpaid rent until 12 months after the effective time period. The bill would define “covered tenant” as a tenant who is unable to satisfy rent accrued during the effective time period due to a loss of income or increased expenses resulting from COVID-19 and who provides a written statement to that effect to their landlord, as specified. The bill would prohibit certain entities, including a housing provider, from using an alleged default in rent that accrued during the effective time period as a negative factor for the purpose of evaluating creditworthiness or for other specified purposes."

[Anne C.]

Yup, most ridiculous and unconstitutional bill AB 1436 seems like it's on its way to passing. I can't believe that no one at any level of our government is stopping this bill for the obvious reasons it violates our constitution. 

I started a Twitter account just so I can comment on David Chiu's tweets on the eviction moratorium and tell my side of the story / my struggles as a small landlord. Obviously don't expect him to take anything in that does not agree with his narrative. 

My tenant has not paid rent since June 2020 and has avoided all attempts at communication, even though I've offered to work out a payment plan or partial rent deferral from the beginning of the pandemic. This whole situation gets more and more frustrating every month and I'm starting to feel helpless. Even though I know I shouldn't take mortgage forbearance until I absolutely have to, and it will have financial ramifications in the future, if AB 1436 passes, I'm thinking about taking forbearance anyway so that I can conserve cash in case CA politicians decide to continue their unconstitutional bill indefinitely. You never know, it may happen.

I already plan to sell the property once I can get the tenant to vacate, but with AB 1436 I'm not sure if I can even vacate the tenant with a 60-day notice after April 1, 2021 if my tenant was still trying to make up for his past due rent payments until April 1, 2022.