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The California Judicial Council decided to end its moratorium on evictions and foreclosure filings on September 1.

During a special remote meeting on April 6, the Judicial Council originally approved temporary emergency rules including staying evictions and foreclosure proceedings.

The move was in response to Governor Gavin Newsom’s executive order in March that provided authority to the Judicial Council and the State Supreme Court Chief Justice, as chair of the Council, to take necessary action to respond to the emergency caused by the COVID-19 pandemic.

The Judicial Council implemented the moratorium on evictions and foreclosures and other emergency measures to protect the people’s health and safety while ensuring their access to justice remains available.

On June 10, the Judicial Council was supposed to vote on ending the evictions and foreclosures emergency rule. Chief Justice Tani Cantil-Sakauye suspended the vote to give Gov. Newsom and State lawmakers more time to enact new policies to protect millions of California tenants facing evictions and homeowners struggling to pay their mortgages.

On August 13, the Judicial Council voted 19-1 on the proposal to sunset the temporary emergency rules suspending evictions and foreclosures.

In a statement, Chief Justice Canti-Sakauye said, “The judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic. The duty of the judicial branch is to resolve disputes under the law and not to legislate. I urge our sister branches to act expeditiously to resolve this looming crisis.”

According to data from The Aspen Institute, nearly 4 million California renters are at risk of evictions. Therefore, it is imperative that the State Legislature enacts a permanent solution to help struggling Californians keep the roof on their head. Failure to do so will result in a disastrous increase in homelessness, which is already a major problem in the state.

Proposed legislation to prevent evictions and foreclosures in California

Assemblymember David Chiu (D-San Francisco) proposed Assembly Bill 1436 to provide relief to tenants, homeowners, and small landlords affected by the COVID-19 pandemic.

The Mayors of nine big cities endorsed AB 1436. They include Los Angeles Mayor Eric Garcetti, San Jose Mayor Sam Liccardo, San Francisco Mayor London Breed, Sacramento Mayor Darrell Steinberg, Long Beach Mayor Robert Garcia, Oakland Mayor Libby Schaaf, Santa Ana Mayor Miguel Pulido, Riverside Mayor Rusty Bailey, and Stockton Mayor Michael Tubbs

“Without protections in place, hundreds of thousands of renters are at risk of eviction and homelessness. Assembly Bill 1436 provides a path that balances renter and homeowner protections needed to ensure they can get back on their feet without the fear of losing their home.” according to the Mayors in a letter endorsing the proposed legislation.

On the other hand, Assemblymember Chiu said, “I am deeply grateful that mayors across California recognize the looming threat of evictions and foreclosures in their communities. To avoid a wave of mass displacement, increased homelessness, and COVID-19 spread, we must act and pass AB 1436.”

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