The Pacific Southwest Association of REALTORS and many of our property managers and owners are financially supporting the Southern California Rental Housing Association's (SCRHA) efforts to seek an injunction preventing the county from implementing and enforcing its rental moratorium. The County has been ineffective at distributing the hundreds of millions of dollars received from the federal government for rent relief programs. SCRHA is distributing the following press release:
Court Denies SCRHA’s Legal Challenge to County’s Eviction Moratorium Ordinance; SCRHA Immediately Appeals Decision
Ordinance Threatens Safety, Quality of Life of Tenants; Livelihoods of Thousands of County Property Owners Who Provide Rental Housing.
SAN DIEGO (July 27, 2021) – Over a month after a decision was expected, a federal judge has finally issued a decision denying the Southern California Rental Housing Association’s (SCRHA) request for a preliminary injunction to prevent San Diego County from implementing or enforcing the San Diego County Emergency Eviction Moratorium Ordinance.
U.S. District Court Judge M. James Lorenz denied SCRHA's motion, citing the temporary nature and public interest of the ordinance. In his July 26, 2021 decision, Lorenz stated that it is beyond dispute that owners are impacted by the eviction moratorium, but he said in the ruling: “However, the harm they are suffering in terms of stress and emotional hardship will be short-lived, as the Ordinance is set to expire in the middle of August 2021.”
Within an hour of receiving the ruling on July 27, 2021, SCRHA filed an appeal with the U.S. Court of Appeals for the Ninth Circuit.
“We are greatly disappointed with this ruling, which leaves housing providers with no recourse to deal with renters who cause problems for their neighbors or who otherwise violate their agreements,” said SCRHA Executive Director Alan Pentico. “Bottom line: This is unfair to everyone. That’s why we will continue to challenge this extreme and unconstitutional law.”
“As housing providers, we believe in doing our part and serving our community. We were designated as essential workers during the COVID-19 pandemic – and we have continued to show up to maintain and operate our rental communities,” Pentico added. “Sadly, housing providers’ own rights have been trampled. It’s a shame that this court chose to minimize the real harm that the eviction moratorium is causing to housing providers and rental communities.”
The County’s Emergency Eviction Moratorium Ordinance indefinitely bans nearly all evictions within the County. The ordinance, which affects evictions within both the unincorporated areas of the County and within all local Cities, went into effect on June 3, 2021 – dramatically limiting the rights of property owners who rent out their homes, duplexes, condos, accessory dwelling units, or apartments to tenants.
SCRHA filed a lawsuit in U.S. District Court seeking an injunction against the ordinance, saying it threatens the livelihoods of thousands of county property owners – many of them independent, small “mom and pop” landlords – and strips them of their federal constitutional rights to use and control their own properties. Most troublingly, the ordinance fails to protect public safety because it doesn’t allow evictions of violent, lawbreaking or nuisance-creating tenants unless the landlord can prove an “imminent health and safety threat,” and it doesn’t allow financially stressed owners to move into their own homes. For more information, visit http://socalrha.org/evictionban.
The Eviction Moratorium Ordinance would end 60 days after all work-at-home and stay-at-home orders are lifted. The stay-at-home and work-at-home orders expired on June 15, 2021, making the ordinance’s tentative expiration date August 14, 2021, the ruling stated. However, the County’s motion had indicated the ordinance was set to expire on August 10, 2021. For more information about the lawsuit look here.
PSAR encourages all property managers and housing providers to consider joining the SCRHA. We partner with SCRHA to help protect private property rights.
C.A.R, COVID LEGAL DOCUMENTS are available for addtional help
The C.A.R. COVID-19 forms are all available in zipForm® Plus in the C.A.R. forms library, and can be easily located by searching the library under the “COVID-19” category. Additionally, you can find the following Quick Guides and Legal Q&A’s on our website here:
- Quick Guide – The COVID-19 Tenant Relief Act—The Statewide Rent Moratorium Law (extended through September 30, 2021) [revised 7/9/21]
- Quick Guide – The Centers for Disease Control Federal Eviction Moratorium Order [revised 7/9/21]
- Quick Guide – Expanded State Rental Assistance Program for Landlords
- Quick Guide – Unpaid Rent Eviction Guide During COVID Protected and Transition Periods [revised 7/9/21]
- Legal Q&A – Eviction Moratorium Extension and State Rental Assistance Program – Senate Bill 91 [revised 7/2/21]
- Legal Q&A – State Rent Moratorium Extension and the COVID Rental Housing Recovery Act (AB 832) [revised 7/9/21]