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. We are pleased to announce that the lawsuit was formally filed in Federal Court and a judge has been assigned. We are hopeful that we will get an injunction against the ordinance and ultimately make sure that this law never has the chance to negatively impact you and your property.
SCRHA has created new forms to help members comply with the requirements of the County ordinance in the event it goes into effect on June 3. As a reminder, terminations of tenancy and evictions will be severely restricted while the ordinance is in effect. Please note that you will need log in to your SCRHA account to view the form.
Non-payment of rent will still be subject to state law and the 15-Day notice process until September 30. Housing providers are encouraged to watch the recording of the recent “County Eviction Ordinance” webinar, available below.
Please note: This is a cursory analysis of the ordinance. SCRHA may update this page as needed and as more clarification is received.
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