North San Diego County REALTORS® September Advocacy Bulletin
North San Diego County REALTORS® Advocacy Bulletin is a monthly update that keeps our members up to date on government and legislative issues that impact your bottom line. This month’s Advocacy Bulletin looks at Federal, State, and Local Eviction Moratoriums and how those affect REALTORS®:
- Moratorium Structures
- Federal Moratorium
- State Moratorium
- Local Moratorium
As the economies of California and the United States begin to rebound, many COVID-19 restrictions remain in place. Currently, our industry faces several hurdles, including over a year of eviction moratoriums. These weigh heavy on many in our industry. However, we are now starting to see the light at the end of the tunnel.
Currently, there are three moratoriums in place: the Federal Moratorium, which supersedes all other moratoriums, the California Moratorium and local or county wide moratoriums.
States can choose to enact a moratorium that is equally or more extensive than the federal moratorium. However, it cannot be less restrictive than the federal government has mandated. The same rule applies to counties or local jurisdictions, where the moratorium can be equal or more comprehensive, not less.
It is important to know that if the Federal Moratorium expires, landlords and renters are still bound by state and local moratoriums. Therefore, all three (state, local and federal) levels of moratorium would have to end for evictions to return to pre-Mortarium rulings.
Current Federal Moratorium
This past August, the United States Supreme Court ended the Centers for Disease Control and Prevention (CDC’s) eviction moratorium. In a 6-3 ruling, the majority of Justices agreed that the stay on the lower court’s order finding the CDC’s eviction moratorium to be unlawful and no longer justified.
For more information please see NAR’s reference guide click here.
Current State Moratorium
California has a separate eviction moratorium still in place. This past June, Gov. Gavin Newsom and legislators announced an extension to the eviction moratorium, through September 30th, 2021. As of this writing, there have been no further plans to extend the moratorium once it expires. However, there is still a chance for more extensions to be put in place throughout the year.
For the State of California’s official statement click here.
Current Local Moratorium
In San Diego County, for the better part of the pandemic, there was no local mortarium in place. However, in May of this year, the San Diego County Board of Supervisors voted to pass an enhanced and sweeping moratorium that targeted “just cause” and rental increase evictions.
The San Diego County Moratorium made it extremely difficult to evict tenants, including in situations where the owner of the property wanted to move back on the premises. This in turn caused unnecessary hardships on REALTOR® transactions. Much like the federal moratorium, this local moratorium has expired. San Diego County is back to following the state’s moratorium guidelines.
If you or a property owner you know has been financially impacted during the pandemic, financial assistance is available. For contact information and lists of available programs please click here.