Tani Cantil-Sakauye and Mayor Eric Garcetti (Getty, UC Davis School of Law, iStock)
California has had no legally enforceable evictions since a landmark April decree issued by the Judicial Council, the state court's decision-making body.
But the Justice Council could soon end the moratorium on evacuation of commercial and residential buildings, which was dooming for the landlords but saving the tenants and some local officials, including Los Angeles Mayor Eric Garcetti.
During a session of the Justice Council on Friday, Tani Canti-Sakauye, the Supreme Judge of the California Supreme Court, announced that the council would "soon consider lifting temporary emergency rules", the "court proceedings for evictions and foreclosures during the Covid -19 pandemic suspend ". ”
The abolition of the eviction suspension "could take effect on August 14," said Cantil-Sakauye, who was provided by the Justice Council. The reason for the end of the eviction stop is that Governor Gavin Newsom and the legislator are considering political proposals to protect tenants when renting.
However, Cantil-Sakauye's announcement was repeated by local government officials, based on the Justice Council's order to create legal authority for their own sewn-up moratoriums.
"I was disappointed to learn that the state judicial council may soon vote to end its nationwide eviction moratorium as early as next month," said Los Angeles Mayor Eric Garcetti during a press conference on Friday.
"I agree with the California Chief Justice that our lawmakers should act," continued Garcetti. “In reality, however, these measures take more time. And the uncertainty that abolishing the moratorium would bring to all tenants in this state would be very, very bad. "
It is unclear which state laws could be passed and signed by Newsom in the next few weeks.
Legislators have not responded to a bill submitted by member of the Kansen Chu congregation in April to codify the state's ban on eviction as long as California is “in a state of emergency” amidst the coronavirus pandemic.
Perhaps an unspoken rationale that the Justice Council could remove the suspension of eviction is a lawsuit. The Pacific Legal Foundation, a libertarian group, filed a lawsuit against the council last month.
The group argues that the moratorium is "a classic political decision that is actually a matter for the legislature, not the judicial council."
In the absence of state legislative measures, cities and counties have cobbled together their own clearance blocks, but these too are facing a legal setback.
The Greater Los Angeles Apartment Association filed a lawsuit against the city of Los Angeles in June. The lawsuit alleges that the city is taking measures to have renters "affected by Covid" unconstitutionally target renters against landlords.