Southern California Rental Housing Association (SCRHA) decided to sue San Diego County and the Board of Supervisors regarding the recently-passed ordinance that severely limits a housing provider’s ability to terminate tenancy (60-day notice) or evict.
Over a month after an expected decision regarding SCRHA's motion for a preliminary injunction against the County of San Diego Eviction Ban, SCRHA has finally received a decision. Judge James Lorenz has denied SCRHA's motion, citing the temporary nature and public interest.
Within an hour of receiving the decision, SCRHA filed an appeal with the United States Court of Appeals for the Ninth Circuit. Read more.
Please note: This ordinance is no longer in effect.
Moratorium Prohibiting Residential Evictions Without Just Cause
Just Cause” requires a showing that the Tenant is an imminent health or safety threat, as defined. “Imminent health or safety threat” is a hazard to the health or safety of other tenants or occupants of the same property, taking into account (1) the risk of potential spread of coronavirus caused by the eviction, in case of a Local Emergency due to COVID-19, (2) any public health or safety risk caused by the eviction, and (3) all other remedies available to the landlord and other occupants of the property, against the nature and degree of health and safety risk posed by the tenant’s activity. An imminent health or safety threat cannot be the Resident’s COVID-19 illness or exposure to COVID-19, whether actual or suspected.
In the absence of just cause, no Landlord may lawfully terminate a residential tenancy. If a tenant is not an imminent threat, housing providers may not:
In addition to complying with any other applicable notice requirements under local, state, or federal law, any notice of termination of tenancy served on a Tenant with respect to a residential unit during the Local Emergency and sixty (60) days afterward shall:
Moratorium on Residential Rent Increases