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california assembly - housing & land use
Temporary MOratorium on foreclosures and unlawful detainer actions: coronavirus (covid-19)
Assembly Bill 828 (2020)
Status
- 07/28/20: From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
- History
Purpose
- Existing law confers a power of sale upon a mortgagee, trustee, or any other person to be exercised after a breach of the obligation for which the mortgage or transfer is a security. Existing law requires a trustee, mortgagee, or beneficiary to first file a record in the office of the recorder a notice of default, and establishes other requirements and procedures for completion of a foreclosure sale.
- Bill would prohibit a person from taking any action to foreclosure on a residential real property while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 91 days after the state of emergency has ended, including but not limited to, causing or conducting the sale of the real property or submitting for recordation a notice of default.
Impact
- Affects "mom and pop" rental housing providers, which is approximately 80% of the market in California rental housing.
- Allows the government to reduce and extended tenancies to all renters, even those that are not facing economic hardship.
- Provides no safeguards for landlords and owners, gives them no assurances that they can collect rent owned by their tenants, can remove problem tenants, or get fair hearings in the court system.
- Interferes with existing lease agreements.
Position
- Recommended Position: Definite Oppose
- LASCC Position: tbd
- Committee Recommended Position: tbd
- Advocacy Committee Recommended Position: tbd
Supporting Organizations and Articles
Opposing Organizations and Articles
Read the official bill. Click Here