Deal reached on eviction protections, governor says

Gov. Gavin Newsom confirmed Friday he and lawmakers had made a deal on eviction protections for renters who have lost income due to COVID-19.

Based on initial reactions, groups representing landlords and property owners were happier with the outcome than those representing renters. The California Apartment Association put out a news releasing calling the new legislation "a less-burdensome alternative" to AB 1436, the previous vehicle for eviction protections. Based on the lists of opposition and support in Legislative analyses, many tenants groups and labor unions were mostly happy with AB 1436 as it was.

"We did land on an agreement on evictions," Newsom told a virtual lunchtime news conference. "We were able to accommodate each other's points of view. Not everybody is pleased with every detail."

The Apartment Association said, "Although the legislation would protect COVID-impacted residents from eviction, it would not interfere with a landlord's ability to evict residents who've had the wherewithal to pay rent since March but have unethically withheld it while the courts have been closed."

The release went on to urge the federal government to take action to subsidize renters to stay in their homes, but such help has not been forthcoming. As lawmakers have repeatedly noted in debates over AB 1436 and a similar stalled bill, SB 1410, the state does not have the money to provide such relief.

The new language was amended into a different bill, AB 3088, with changes published on Friday afternoon. The deal came just in time for a pair of midnight deadlines. The bill language must be in print 72 hours before being voted on, giving lawmakers just enough time to pass the new measure before the legislative year ends at midnight on Monday.

One day later, the Judicial Council's moratorium on most unlawful detainer cases will end, allowing courts to start hearing these cases Wednesday morning.

The big changes focus on two areas: eligibility and timing. Renters will need to sign a declaration stating they lost money due to the pandemic, and those making more than 130% of the county median income would need to show documentation. Rent missed between March and August this year would be converted to civil debt and could not be used to evict tenants for nonpayment.

Three quarters of rent between Sept. 1, 2020 and Jan. 31, 2021 would also convert to civil debt, but tenants would need to pay 25% to stay in their homes. The bill would expire on Feb. 1, two months earlier than similar provisions in AB 1436.

The news came as the Senate conducted a full floor session with nearly every Republican member appearing remotely due to exposure to an coronavirus-infected Senator. Lawmakers of both parties came together to pass SB 793 by a 34-0 vote, banning most types of flavored tobacco. The bill is likely to be challenged in court, but past cases on flavored tobacco restrictions suggest tobacco companies would have an uphill battle. Newsom signed the measure the same day.

Senators also passed a bill that would give California Chief Justice Tani Cantil-Sakuye and future holders of her title the power to make statewide emergency orders. AB 3366 would supersede the current rules that allow her to only issue orders affecting a single county, forcing her to issue more than 100 orders in order to keep courts functioning during the current crisis. It now heads to Newsom's desk.

They also advanced AB 1185, which would allow counties to establish boards to oversee their sheriff's departments and would vest those boards with subpoena powers. It passed by a 27-11, mostly party-line vote and now heads back to the Assembly to approve amendments.

"Such oversight must have the authority and independence necessary to conduct credible and thorough investigations," said Sen. Holly Mitchell, D-Los Angeles, when presenting the bill. "There has been significant confusion over the role of the board of supervisors in oversight of county sheriffs."

According to a Senate Public Safety Committee analysis, AB 1185 was inspired in part by the investigation into a 2017 incident in which a Sacramento sheriff's deputy shot a man to death. Sacramento Sheriff Scott Jones banned the county inspector general from the sheriff's offices and was accused of undermining his investigation.