Gov. Gavin Newsom on Friday ordered a temporary statewide ban on some evictions through May, as the coronavirus pandemic fuels unemployment and many tenants anticipate struggling to pay rent.
But many tenant advocates criticized the new order, saying landlords could easily circumvent the restrictions.
The order applies to renters directly affected by the coronavirus pandemic, and requires tenants to declare in writing they have lost work, fallen ill or been forced to care for family members. Landlords are prohibited from removing residents for non-payment of rent through May 31, and bans law enforcement and courts from carrying out evictions.
“It does not preempt any local ordinances that go deeper or farther, but it is an overlay for the entire state of California,” Newsom said at a Friday press conference.
Housing advocates have pushed for a statewide ban, and some property owners have argued a broader ban would be easier to manage than the patchwork of eviction moratoriums being passed by California counties and cities. More than 60 jurisdictions across the state — including San Jose, Oakland and San Francisco — have moved to protect renters since the governor granted localities the power last week.
The statewide shelter-in-place order has kept many workers from drawing paychecks this month. The limited moratorium is part of an evolving package of subsidies and supports for the state’s housing industry. Many are hoping for more federal relief, as well as state action, to prevent homelessness and loss of income.
The new ban enhances Newsom’s March 16 order, which empowered local governments to reign in evictions.
“People shouldn’t lose or be forced out of their home because of the spread of COVID-19,” Newsom said at the time. “Over the next few weeks, everyone will have to make sacrifices – but a place to live shouldn’t be one of them. I strongly encourage cities and counties take up this authority to protect Californians.”
Housing advocates found little comfort in the latest order.
State Sen. Scott Wiener, D-San Francisco, said the governor’s order “does not meet the task at hand” and said he would pursue a bill with more sweeping protections.
Under the new order, landlords are allowed to terminate leases for non-payment and other, legal causes, but are banned from removing tenants during the state of emergency. Advocates say this could open the door for landlords to file eviction papers, and wait for the courts to reopen.
“The last thing we need is a wave of evictions immediately after the emergency ends,” Wiener said, “and that is exactly what this executive order allows.”
Other housing advocates threatened protests and rent strikes as payments come due April 1. The Affordable Housing Network in Santa Clara County advised renters unable to afford rent because of the pandemic to organize.
Christina Livingston, executive director of the Alliance of Californians for Community Empowerment (ACCE), said the governor needs to take bolder action this month. “If vacant homes aren’t opened people will occupy them,” she said. “If housing security is not guaranteed we will call for a general rent strike.”
Some advocates said the order would alleviate at least some concerns. Leora Ross, associate director of the Housing Leadership Council of San Mateo County, said the measure would protect low-wage workers commuting into the region. Many renters in the Bay Area, she said, “are one paycheck away from being unsheltered.”
The California Apartment Association, a consortium of large property owners with roughly 1.5 million units in the state, has asked members to freeze rent increases, stop most evictions and waive late fees for tenants hit by the pandemic.
“The governor has done a great job threading the needle at 120-miles per hour,” said association CEO Tom Bannon. “We can live with this.”
The restrictions will offer protections to renters in communities where protections were weak or didn’t.
In the Bay Area, Santa Clara, San Mateo, Alameda, Marin and Sonoma counties have passed eviction moratoriums, as well as several cities on the Peninsula and East Bay. The Santa Clara County Superior Court has deemed evictions proceedings non-essential, and has temporarily suspended hearings.
Many landlords are still paying mortgages, taxes and utility bills, with small profit margins, Bannon said. The order will give some owners reassurance that the government will not waive rents, he said.
Sid Lakireddy, president of the California Rental Housing Association, said the state needs to also support mortgage relief for landlords. Many smaller property owners could face problems with their bankers if rents fall short and they are unable to make their debt payments.
“We don’t want the buck to stop with us,” he said.
Staff writers Robert Salonga and Kerry Crowley contributed to this report.
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