Will California Change Nonpayment Evictions?

Last year renter advocates notched a win after California passed a law extending the length of time tenants can respond to an eviction notice from five days to 10. This session, another bill to help renters facing eviction is being considered by the Legislature, writes CalMatters’ Felicia Mello.

Under state law, landlords can evict tenants for nonpayment of rent even if the renter is willing and able to pay their overdue rent. But a proposal by Sen. Aisha Wahab would change that, bringing California in line with 21 other states where renters are protected from eviction if they pay all of the rent they owe.

Tenant advocates say the current law undermines the effectiveness of rental assistance programs, which play a crucial role for local governments and nonprofits to keep people housed.

• Wahab, a Fremont Democrat: “If you are struggling and able to recoup the funds and pay what you owe, that eviction proceeding should have stopped immediately.”

But landlord groups say tenants experiencing financial strain can already delay evictions. Rent payments from assistance programs can also be slow: It can take on average about three months for someone to apply for rental assistance payment and have it reach the landlord, said a supervising litigation attorney for San Francisco’s Eviction Defense Collaborative.

• Daniel Bornstein, a San Francisco attorney representing landlords: “There has to be a line in the sand from a public policy standpoint or there never is an endpoint when the debt has to be paid.”

Read more here.

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