California 2019-2020 Regular Session

California Assembly Bill AB828

Introduced
2/20/19  
Introduced
2/20/19  
Refer
3/4/19  
Report Pass
3/26/19  
Engrossed
4/4/19  
Engrossed
4/4/19  
Refer
4/4/19  
Refer
4/4/19  
Refer
4/24/19  
Refer
4/24/19  
Report Pass
4/8/20  
Refer
4/8/20  
Refer
4/8/20  
Refer
5/11/20  
Refer
5/11/20  
Report Pass
5/18/20  
Report Pass
5/18/20  
Refer
5/18/20  
Refer
7/1/20  
Refer
7/1/20  
Report Pass
7/28/20  
Report Pass
7/28/20  
Refer
7/28/20  

Caption

Temporary moratorium on foreclosures and unlawful detainer actions: coronavirus (COVID-19).

Impact

Key components of AB 828 include suspending the sale of tax-defaulted residential properties and preventing court actions related to foreclosures and evictions unless essential for public health and safety. It ensures that no notices or filings related to property foreclosures are recorded during the emergency. Additionally, tenants facing financial hardship due to COVID-19 are allowed to defer rent payments for up to 12 months following the emergency, emphasizing the protection of vulnerable populations during the financial crisis induced by the pandemic. The bill highlights a significant shift in property rights amid emergency governance.

Summary

AB 828, introduced by Assembly Members Ting, Gipson, and Kalra, establishes a temporary moratorium on foreclosures and unlawful detainers during states of emergency related to the COVID-19 pandemic. The bill prohibits foreclosure actions on residential real property while such emergencies are in effect and for a significant duration thereafter, extending the time for exercising rights like redemption. This legislation arose as a response to the challenges posed by the pandemic, aiming to protect homeowners and tenants from losing their homes during a critical period for public health and safety.

Sentiment

The sentiment surrounding AB 828 is largely supportive among tenant advocacy groups and those concerned with public welfare, viewing it as a necessary measure to ensure housing stability during the pandemic. However, there are concerns from property owners and some lawmakers regarding the long-term implications of such protections on property rights and market dynamics. These tensions reflect broader debates about balancing property rights with the need for social safety nets in times of crisis.

Contention

Notable points of contention include the balance between protecting tenants and the rights of landlords and property owners, particularly the financial impacts of extended moratoriums on property management. Critics argue that while the intent to prevent homelessness is commendable, it poses challenges for landlords who still face financial burdens due to unpaid rent. The temporary nature of these measures and the eventual repeal by January 1, 2022, is intended to provide a structured transition back to normalcy, although it raises questions about the sustainability of tenant protections post-pandemic.

Companion Bills

No companion bills found.

Previously Filed As

CA AB2499

Employment: unlawful discrimination and paid sick days: victims of violence.

CA SB1051

Victims of abuse or violence: lock changes.

CA AB2304

Unlawful detainer: case records.

CA AB1756

Committee on Judiciary: judiciary omnibus.

CA AB2020

Survivors of Human Trafficking Support Act.

CA SB838

Victim compensation: use of force by a law enforcement officer.

CA AB1039

Sexual activity with detained persons.

CA SB655

Victim compensation.

CA AB1551

Vehicular manslaughter while intoxicated.

CA AB3127

Reporting of crimes: mandated reporters.

Similar Bills

NJ A818

Provides mortgage payment relief, income tax relief, consumer reporting protection, and eviction protection for residential property owners, tenants, and other consumers, economically impacted during time of coronavirus disease 2019 pandemic.

NJ S1098

Provides mortgage payment relief, income tax relief, consumer reporting protection, and eviction protection for residential property owners, tenants, and other consumers, economically impacted during time of coronavirus disease 2019 pandemic.

CA AB1436

Tenancy: rental payment default: mortgage forbearance: state of emergency: COVID-19.

CA AB3088

Tenancy: rental payment default: mortgage forbearance: state of emergency: COVID-19.

NJ A820

Provides mortgage payment relief for residential property owners and small landlords during time of coronavirus disease 2019 pandemic.

CA AB15

COVID-19 relief: tenancy: Tenant Stabilization Act of 2021.

NJ S344

Provides mortgage payment relief for residential property owners and small landlords during time of coronavirus disease 2019 pandemic.

CA AB832

COVID-19 relief: tenancy: federal rental assistance.