"As of August 1, 2020, the only protections still in effect will be the procedural protections offered by the Judicial Council Emergency Rules. While it is unclear when these rules will lapse, housing advocates throughout the State are preparing for a wave of evictions and a resulting increase in houselessness."

I reached out to Gregory M. Holtz, acting managing attorney for the Eureka office of Legal Services of Northern California to get information on evictions in California. I asked around prior to this and did my own research. Even some local lawyers and the court staff did not know for sure. Mr. Holtz's statement provided the most accurate information.

Correct information is helpful to both tenants and landlords. There is Governor Gavin Newsom's statewide rent moratorium, there is the CA Judicial Council rule on evictions, there is the Humboldt County Ordinance and then each city has their own take on the rent moratorium.

"It is confusing, as there are overlapping protections on the federal, state, and local levels," said Mr. Holtz.

"Federally, the CARES Act prohibits evictions for nonpayment of rent for tenants who live in homes with federally-backed mortgages and tenants who live in federally-subsidized housing, such as those with Section 8 vouchers.  It is a substantive defense that tenants can raise in eviction proceedings, and, if they prove they are covered by the CARES Act, they should win.  This law expires tomorrow, and I have not heard that Congress has extended it."

"Statewide, we have Judicial Council Emergency Rules 1 and 2.  These are procedural rather than substantive protections that, in effect, halt almost all evictions throughout the state.  Only those evictions that are necessary to protect public health and safety should move forward.  All others are paused until 90 days after the Governor lifts the Declaration of Emergency related to COVID-19, or the rules are rescinded or overturned."

"Locally, we have Humboldt County's eviction moratorium that protects tenants who could not pay rent because of COVID-19, as well as tenants who received "no-fault" termination notices, during the period of time that the moratorium was in place, which was through May 31, 2020.  The City of Eureka enacted similar protections, covering tenants who could not pay rent due to COVID-19, as well as no-fault terminations, through July 28, 2020.  The City of Arcata also passed, and extended through July 31, 2020, an ordinance protecting tenants who could not pay rent due to COVID-19, but, significantly, the Arcata ordinance does not cover no-fault terminations.  All local ordinances provide a substantive defense to tenants who are covered by them, meaning these tenants should prevail in court if their landlord violated the rules."

"As of August 1, 2020, the only protections still in effect will be the procedural protections offered by the Judicial Council Emergency Rules.  While it is unclear when these rules will lapse, housing advocates throughout the State are preparing for a wave of evictions and a resulting increase in houselessness."

Legal Services of Northern California was in the news on July 22 and was successful in reaching a settlement in Humboldt  County  Superior  Case  Martinson, et  al. v. County,  et  al.