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CA AB828

Bill

Status

Engrossed

4/4/2019

Primary Sponsor

Mike Gipson

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Prohibits foreclosure actions on residential real property during a COVID-19 state of emergency and for 91 days thereafter, including filing notices of default, notices of sale, and trustee's deeds upon sale.

  • Stays all judicial foreclosure actions on residential real property during the emergency period unless the court finds the action is required to further public health and safety; extends the period for exercising redemption rights until 90 days after the emergency ends.

  • Restricts residential unlawful detainer (eviction) filings to cases involving property damage, nuisance, or health and safety issues during the emergency and 91 days after; prohibits courts from issuing summons or default judgments unless necessary to address these specific issues.

  • Allows tenants unable to pay rent due to COVID-19 economic hardship to defer rent payments for up to 12 months from 90 days after the emergency ends if they provide documentation of income loss or substantial medical expenses; prohibits imposition of late fees, fines, or interest on deferred rent.

  • Suspends tax collector sales of tax-defaulted residential properties during the emergency and 91 days thereafter; prohibits county recorders from accepting notices of default, notices of sale, or trustee's deeds for residential properties unless accompanied by an affidavit that the property is not residential; all provisions repeal January 1, 2022.

Legislative Description

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

Last Action

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

7/28/2020

Committee Referrals

Judiciary7/1/2020
Rules5/11/2020
Public Safety4/24/2019
Rules4/4/2019
Judiciary3/4/2019

Full Bill Text

No bill text available