Statewide
There is currently no statewide moratorium on evictions. Unless your jurisdiction is listed below on this page, you are still able to be evicted for just cause. On March 16, 2020, Governor Newsom issued executive order N-28-20.
This order does six things:
Waives the time limitations in PC 396, which regulates certain residential eviction protections.
Allows a local city to impose a moratorium on evictions by suspending certain laws that would prevent a city from doing so, and suspending certain causes of action for eviction proceedings, only if a city enacts such a moratorium.
Requires public housing authorities to extend deadlines for housing assistance applicants to deliver records or documents related to their eligibility, to the extent that those deadlines are within their discretion
Orders the Department of Business Oversight to engage with financial institutions to identify tools that can afford Californians relief from the threat of displacement, and to otherwise promote housing security and stability during this state of emergency.
Requests financial institutions holding home or commercial mortgages to implement an immediate moratorium on foreclosures and evictions when the action arises out of a substantial decrease in income caused by COVID-19.
Requests the California Public Utilities Commission (CPUC) to provide a weekly report on what public and private utilities are doing to implement customer service protections on critical utilities.
In addition to the above, it has the expected disclaimer that this order shall not restrict any quarantine, isolation, or other public health order.
Government Code sections 8567 and 8571 provide the governor broad authority to issue orders during a state of emergency that may "suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including subdivision (d) of Section 1253 of the Unemployment Insurance Code, where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency."
Penal Code 396
Regulates certain eviction protections.
Local Eviction Moratoriums
It is important to note that the Governor's order does not automatically suspend all evictions across the state, nor does it require any city to take any action. Instead, it simply permits cities to suspend evictions, if they want to. Further, the order does not seem to permit a city from enacting a broad moratorium on all evictions as it only suspends the law in cases where the moratorium is specifically for evictions when:
The eviction is for nonpayment of rent arising from loss of income or substantial medical expenses.
The above loss of income was caused by COVID-19 or any documented local, state, or federal response.
The order lists a few specific laws that are suspended, but again, only when a city has decided to take action and impose their own local moratorium. This list is "including, but not limited to":
Civil Code sections 1940 or 1954.25
Code of Cvil Procedure 7251 - Statutory cause of action for judicial foreclosure
Code of Civil Procedure section 1161 - Statutory cause of action for unlawful detainer
any law that would preempt or otherwise restrict a local government's exercise of police power to impose substantive limitations on residential or commercial evictions,
any other cause of action that could be used to evict or otherwise eject a commercial or residential tenant, when a city has enacted such a moratorium.
The above suspensions are only in effect through May 31, 2020, unless extended.
Public Housing Deadlines
Not much is known about this. We are seeking contributions from knowledgeable people as to what deadlines are relevant. What is clear is that this is simply a request, not a requirement; housing authorities are not required to extend deadlines, unless they want to, and the Governor just asked them nicely.
Department of Business Oversight
Not much is known about this either, and we're seeking contributions on it.
Public Utilities Commission
Maybe if we're lucky, we'll have a first report from them soon. Until then, we're not sure what this does either.
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