State and US Eviction Moratoriums

The passage of a new California eviction ban and the surprise announcement of a federal policy preventing evictions may have some residents wondering which policies can help them stay in their homes.

Gov. Gavin Newsom on Wednesday clarified that the state's policy goes farther than the federal one. California has launched a new website - HousingIsKey.com - to provide more clarity to tenants, landlords and others.

Under the new policy, no eviction for nonpayment of rent due to COVID-19 can take place until Feb. 1. On that same date and moving forward, tenants will have to pay the full amount of that month's rent to be protected from eviction.

California renters who missed rent due to COVID-19 financial hardships between March 4 and Aug. 31 of this year cannot be evicted at any time if they submit a declaration of a financial hardship. But the unpaid rent still must be paid back. If not, it will be converted to consumer debt that can be pursued in small claims court beginning on March 1 if the property owner decides to take action.

For missed rent from September through the end of January, tenants must submit the same declaration of a COVID-19 related hardship, and pay at least 25% of their rent. That portion could be paid with 25% of each month's rent, or in one lump sum before Feb. 1. But the remaining 75% will be converted to debt that could be pursued in court.