Legal Professionals - Get Listed Today

Previously, effective July 1, 2021, the state of California passed AB 832, extending the protections of the COVID-19 Tenant Relief Act, “CTRA.”  The bill extended the “Transition Period,” which now expires on September 30, 2021, and creates a “Recovery Period” from October 1, 2021 through March 31, 2022.   Previous summaries have discussed the requirements and your options for during the Transition Period, refer to those if you have questions.  In this summary, we address the post September filing of cases where a tenant did not pay the 25% required, and the process for the Recovery Period.

 

TRANSITION PERIOD (SEPT. 2020 – SEPT. 2021)

Notice Requirements

The notice forms for Sept. 2020 through Sept. 2021 remain unchanged, and you may access those in this folder (click on link to access folder) or you may copy this link into your browser: https://www.dropbox.com/sh/d9u6b6232nvp744/AAA-rPRhfrsy_HgjAH0pddjra?dl=0

 

25% of Rent Due by September 30, 2021

For the transition period, Tenants are required to pay 25% of all “missed payments” on or before September 30, 2021.  This means that if a tenant missed four payments in the Transition Period (and paid for the remainder of the months), and they do not pay you 25% of each month missed, and you have served them with a 15 day notice to pay or quit, AND you have applied for rental assistance (more on this below), you may file for eviction on October 1.

Process

If you have not served a 15 day notice (or several notices taken together) that lists each month of rent missed in the Transition Period, you should do so now. 

Application of Payments. In applying payments, to calculate whether 25% has been paid, you should follow these rules.

1.       If the tenant directs/ instructs you how to apply a payment, apply as instructed

2.       Apply the payment to the current month first, and work your way backward.  If the payment is enough to cover 25% of each transition month to that date, consider the tenant to have complied with the 25% requirement.

3.       You have no obligation to apply a payment, or part of it, to a future month.  I.e., a tenant who failed to pay Sept. 2020 through Dec. 2020, submits five month’s rent in January 2021.  That payment covers 100% of the rent from Sept 2020 – Jan 2021, you do not have to apply to the 25% requirement going forward, and if payments from Feb. 2021 – Sept. 2021 are not made, those are considered missed payments for which 25% is due by Sept. 30, 2021.

4.       If rental assistance is “approved” – even though it is not yet paid, you should consider those months as paid for purposes of calculating the 25%.  I.e., if a tenant has made no payments for the entire Transition Period, but was approved for rental assistance through June 2021, then their 25% obligation applied to Jul. 2021 – Sept. 2021 only.

Rental Assistance.  Prior to filing for eviction on or after October 1, 2021, against a tenant who failed to pay at least 25% of any missed payment, you must apply for rental assistance.  You may not file for eviction until 20 days after you have completed your rental assistance application. Once you complete your application, you may only file eviction after one of the following:

1.       The Tenant is denied, and you have a final decision letter from the rental assistance agency, confirming the denial

2.       The Tenant fails to complete their portion of the application in 20 days, and you have no information from the Tenant, or the rental assistance agency that the tenant has completed the application.

You may not evict if the application is pending because you (the landlord) have not completed it, or because it was submitted to the wrong agency.

Rental assistance applications cover rent through the date of the application, plus three months into the future.  If you have not applied for rental assistance for a tenant in July 2021, or later, you should do so right away, especially if you will want to file for eviction based on the tenant’s failure to pay at least 25% of each payment missed.  You can apply at: http://housingiskey.com.

 

RECOVERY PERIOD (OCT. 2021 – MAR. 2022)

Notice Requirements

The notice forms for October 2021 through March 2022 include several changes, and you may access those in this folder (click on link to access folder) or you may copy this link into your browser: https://www.dropbox.com/sh/d9u6b6232nvp744/AAA-rPRhfrsy_HgjAH0pddjra?dl=0

(Forms will be available after we have obtained the local agency list from the state, on or before October 1)

The notice period reverts back to a three day notice to pay or quit, and it includes a required statement from the State of California regarding the availability of rental assistance.  The notice urges the tenant to apply if they qualify. (It unfortunately does not indicate the income cut off of 80% of median income).  The notice is also required to include the phone number and website for any local city or county rental assistance agency.

 

Process

Apply for rental assistance.  You are required to apply for rental assistance, and may do so by visiting http://housingiskey.com.  Your application must be for the period of rent demanded in the notice.  Applications relate to rent through the date of the application, plus for three months into the future. Accordingly, if you have not applied for a tenant in July 2021 or later, you should submit a new application.

 

Once you fully complete your portion of the application, and submit it, the rental assistance agency will invite your tenant to fill out their portion.  The tenant will respond in one of three ways: 1) they will ignore it, 2) they will fill out their portion and be denied, or 3) they will fill out their portion and qualify.

Tenant Qualifies.  If the tenant qualifies, you will get an approval confirmation and (according to the legislation) are guaranteed to be paid the funds.  In this case, you will not file for eviction for the months included in the funding.

 

Tenant is Denied.  If the tenant is denied, and you receive a confirmation in the form of a final decision letter from the rental assistance agency, and you may file for eviction.  In this case, you do not have to wait the 20 days after applying serving the notice.

Tenant Does Not Respond. If the tenant does not complete their portion, then after 20 days, you may file for eviction.  You may not file if the tenant has told you that they have completed their portion. (In this case, you should get confirmation from the agency and the tenant, and clarify if anything is missing).  You also may not file if your portion of the application was incomplete, or filed with the wrong agency. 

 

You should know that after filing the eviction, the tenant may later complete the application and apply to the Court to have the case set aside. If their application is approved, the Court will dismiss the case.

Tenancies that are initially established after October 1, 2021

For tenancies that commence on or after October 1, 2021, there is no requirement to apply for rental assistance.  Although you are required to use the same notice to pay or quit, you may file for eviction immediately after the three day period if the rent is not paid in full.  In order to fall under this provision, the tenancy must have initially commenced after Oct. 1: a lease renewal, or change in tenants, after Oct. 1 will not qualify – all tenants in occupancy must have moved in after Oct. 1.

NO CAUSE EVICTIONS

The COVID-19 expansion of just cause for eviction requirements to all rental property will expire on September 30, 2021.  However, almost all multi-family properties are still subject to just cause requirements under the Tenant Protection Act, or otherwise.  If your property is not because it is newer than 15 years old, or because it is a single family home and you have sent the tenant the notice of exemption, you should be wary of evicting a non-paying tenant without cause.  The CTRA has made termination of a tenancy solely for a tenant’s reliance on the COVID-19 rent protections unlawful retaliation.  If you want to terminate a tenant and you do not have any basis or reason to do so other than that they did not pay rent during COVID-19, the tenant will likely have a defense to that case.  The better approach is to rely on the non-payment provisions of the CTRA (rental assistance, 25% by Sept. 30, etc.) to address a non-paying tenant.  On the other hand, if you have a valid, non-retaliatory, non-discriminatory reason that you want to remove the tenant, which is included in the notice, those cases may proceed now without the COVID-19 just cause requirement.  Please discuss any no-cause or just-cause case with our office prior to proceeding.

Source: Todd Rothbard Law Offices

Please contact Todd Rothbard Law Offices with any questions.
Phone: (408-244-4200)

Email Office@ToddRothbardLaw.com 

Unlawful Detainer Online Dispute Resolution with Free Mediation Services to Launch Next Month; Housing, Legal Resources Available Now on New Webpage

Presiding Judge Eric C. Taylor today announced the Court will expand its Online Dispute Resolution (ODR) program to Unlawful Detainer (UD) cases to enable parties to resolve their eviction cases online for free without Court involvement. Unlawful Detainer Online Dispute Resolution (UD ODR) is scheduled to launch next month to give litigants the option to conveniently and efficiently resolve eviction cases. With the launch of this new remote assistance option, the Court is again expanding its free online options to help parties access justice without having to enter a courthouse.

Read More

Self-represented litigants now have access to additional online tools to assist them in starting and concluding their Family Law cases, Presiding Judge Eric C. Taylor announced today. The new online options expand the Court’s self-help solutions and remote services available for litigants to initiate and resolve their cases without attorneys.

Read the News Release

Effective 09/03/2021 the filing window for all general filings and in-person counter services will be closing EXCEPT filings for emergency orders.

Lassen Superior Court Closure Notice

Elimination of Local Rule 5.38 Authorization for Non-Attorney Document Preparer.

5.38. A litigant designating a non-attorney court document preparer to act as a courier to submit documents for processing or to receive endorsed copies of documents from the court shall file an Authorization for Non-Attorney Court Document Preparer Form (local form FL/E-LP-609).

(Adopted 1/1/2020; revised 1/1/2022)

5.13 EX PARTE APPLICATION.

(A) Ex parte applications are governed by California Rules of Court, rule 5.151. A judge will only grant ex parte relief if the party requesting it shows a risk of irreparable harm or immediate danger. This is explained further in Family Code section 3064 and California Rules of Court, rule 5.151(d).

(Ex parte applications are heard on Monday through Friday at 8:30 a.m. The court makes its decision based solely on the documents filed by the parties, or the court may require parties to appear for a hearing. The moving party, opposing/responding party, and attorneys must be reachable by email or phone on the day of the requested ex parte hearing from 8:30 a.m. to noon. If an appearance is required, the court will contact both parties and their attorneys with a time to appear for the hearing. More information about the Emergency/Temporary Order process and copies of forms to be used can be located on the court’s website at http://www.saccourt.ca.gov/family/custodyvisitation.aspx....

(C) Requirements of the Moving Party:

1. Notice and service to opposing/responding party.

The moving party must:

a) Serve the opposing/responding party with a copy of the ex parte application. The application may be served personally, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

b) Notify the opposing/responding party or their attorney that
(i) they must be reachable between 8:30 a.m. and noon on the requested ex parte hearing date if the court determines that an appearance is required; and

(ii) they must submit their opposition to the assigned court department by 8:30 a.m. on the requested

ex parte hearing date if they wish to file an opposition. Notice may be given personally, by telephone, in writing, by voicemail, or by electronic means if permitted.

c) Complete (a) and (b) above no later than 10:00 a.m. the court day before the moving party wants the matter to be considered by the court, as stated in California Rule of Court, rule 5.165.

2. Notice to the court.

The moving party must:

a) Submit their ex parte application to the court via drop-box or by express mail with guaranteed time of delivery by 8:30 a.m., the day before the desired ex parte hearing date.

b) Provide the court with current telephone numbers and email addresses for all parties and their attorneys,

using the Document Drop-Off Sheet for Domestic Violence and Ex Parte Applications form (FL/E-LP-668). This will allow the court to contact all parties if they need to appear for a hearing

3. Completed Proof of Service.

The moving party must submit a completed proof of service to the assigned court department by 8:30 a.m. on the scheduled ex parte hearing date showing they have complied with items 1(a), 1(b), and 1(c) above. If the moving party fails to do this, the court may deny the ex parte request or set a later hearing to ensure that the opposing/responding party is properly notified and served.

4. Request to Waive Notice.

A party may ask the court to waive notice to all parties and their attorneys of the request for emergency orders. To make the request, the party must file a written declaration signed under penalty of perjury that includes facts showing good cause not to give the notice, as explained in California Rules of Court, rule 5.165.

(D) Requirement of the Opposing/Responding Party:

1. If the opposing/responding party wants to submit a written response for the court to consider, they must submit it to the assigned court department by 8:30 a.m. on the scheduled ex parte hearing date, with proof of service to the moving party. Service may be by personal, by fax, by electronic means if permitted, or by overnight mail or other overnight carrier.

(E) After the Court Issues a Ruling:

1. Once the court rules, the court will make the orders available on the Public Case Access System (PCAS), and

in the family law records unit. More information on how to access PCAS is available at

https://services.saccourt.ca.gov/PublicCaseAccess/Family.

2. The moving party must serve the opposing/responding party with the ex parte order and file proof of service

before the return hearing date.

(Adopted 1/1/2013; revised 1/1/2014; revised 1/1/2022)

https://www.saccourt.ca.gov/local-rules/docs/sacramento-proposed-local-rules-2022.pdf?fbclid=IwAR0rStFv74CEtx9H65WkMTyLYaBxlXYfGV4JD6B8ymLJ4juAXxkitMh9WQU

What is a Paralegal and who can use the professional title? Here's a quick recap of the legislative history:

• Effective January 1, 2004 BPC §6450. (a) “Paralegal” means a person who … work under the direction and supervision of …. an attorney …
• Effective January 1, 2001 BPC §6454. The terms “paralegal,” “legal assistant,” “attorney assistant,” “freelance paralegal,” “independent paralegal,” and “contract paralegal” are synonymous for purposes of chapter 6450 of BPC.
• Effective January 1, 2002 BPC §6451. It is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney…
• Effective January 1, 2008 BPC §6455. (a) Any consumer injured by a violation of this chapter may file a complaint and seek redress in superior court for injunctive relief, restitution, and damages. Attorney’s fees shall be awarded in this action to the prevailing plaintiff.
• (b) Any person who violates the provisions of Section 6451 or 6452 is guilty of an infraction for the first violation, which is punishable upon conviction by a fine of up to two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, and is guilty of a misdemeanor for the second and each subsequent violation, which is punishable upon conviction by a fine of two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. Any person convicted of a violation of this section shall be ordered by the court to pay restitution to the victim pursuant to Section 1202.4 of the Penal Code.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=3.&title=&part=&chapter=5.6.&article=

$15 Audio/Video Appearance Fee Will Be Waived for Hearings on or After September 7.

News Release

Can a Lawyer, who is a licensed lawyer in good standing in State A, but who is not licensed in California, continue to practice in accordance with Lawyer’s State A law license from Lawyer’s home in California without violating CRPC Rule 5.5 or B&P Code §§6125-6126?

Yes, so long as certain precautions are followed. Merely physically present in California while using modern technology to remotely practice law in compliance with the rules of the jurisdiction where the lawyer is licensed, should not be held in violation of California’s Unauthorized Practice of Law (“UPL”) rule and laws.

Read More

After making the oral statements and before entering into a contract or agreement for services or accepts any compensation, the legal document assistant or unlawful detainer assistant shall provide the prospective client with a “Notice to Consumer” set forth below.

After allowing the prospective client time to read the notice, the legal document assistant or unlawful detainer assistant shall ask the prospective client to sign and date the notice.

If the first contact is not in person, the legal document assistant or unlawful detainer assistant shall provide the notice to the prospective client at the first in-person meeting or mail the notice to the prospective client before entering into a contract or agreement for services or accepting any compensation.

The notice shall be set forth in black, bold, 12-point type on a separate, white, 81/2 by 11 inch sheet of paper that contains no other print or graphics, and shall be in the form set forth below. The notice shall contain only the appropriate name or other designation from those indicated in brackets below.

At the time a prospective client signs the notice and before that prospective client is offered any contract or agreement for signature, the legal document assistant or unlawful detainer assistant shall give the prospective client a clearly legible copy of the signed notice.

A legal document assistant or unlawful detainer assistant shall not ask or require a prospective client or a client to sign any other form of acknowledgment regarding this notice. 

NOTICE TO CONSUMER.docx

Kern County Superior Court Local Rule requiring non-attorneys to prepare and submit a signed declaration authorizing the non-attorney to obtain information and file on the case.

Rule 6.1 Pleading Filed by Self-Represented Litigants - Pleading Prepared by Third Parties (Effective 7/1/03; rev. 1/1/17; rev. 1/1/20)

Parties who retain the services of non – attorney third parties (e.g.: typing services or paralegals) to prepare their pleadings must submit a declaration to the court with the following information: (Effective 7/1/03; rev. 1/1/20)

(a) Name, including Doing Business As (DBA) and Legal Document Assistant (LDA) number, address, and telephone number of person preparing the pleadings;

(b) Amount of compensation paid to third party for the preparation of the pleadings; and

(c) Authorization pursuant to Family Code § 7643, if access to Confidential Uniform Parentage Act action is requested.

6.1 Declaration Sample.pdf