Chapter 11 - Actions to Recover COVID-19 Rental Debt - California Code of Civil Procedure

Sections (3)

Added by Stats. 1968, Ch. 150.

as used in this chapter, “good faith improver” means:

(a)A person who makes an improvement to land in good faith and under the erroneous belief, because of a mistake of law or fact, that he is the owner of the land.

(b)A successor in interest of a person described in subdivision (a).

§ 871.10

Amended by Stats. 2021, Ch. 27, Sec. 8. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2027, pursuant to Section 871.12.

(a)In any action seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made a good faith effort to investigate whether governmental rental assistance is available to the tenant, seek governmental rental assistance for the tenant, or cooperate with the tenant’s efforts to obtain rental assistance from any governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.

(b)In

an action subject to subdivision (a), the court may reduce the damages awarded for any amount of COVID-19 rental debt, as defined in Section 1179.02, sought if the court determines that the landlord refused to obtain rental assistance from the state rental assistance program created pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code, if the tenant met the eligibility requirements and funding was available.

(c)An action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section shall not be commenced before November 1, 2021.

(d)Subdivisions (a) through

(c), inclusive, shall not apply to an action to recover COVID-19 rental debt, as defined in Section 1179.02, that was pending before the court as of January 29, 2021.

(e)Except as provided in subdivision (g), any action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section and is pending before the court as of January 29, 2021, shall be stayed until

November 1, 2021.

(f)This section shall not apply to any unlawful detainer action to recover possession pursuant to Section 1161.

(g)(1) Actions for breach of

contract to recover rental debt that were filed before October 1, 2020, shall not be stayed and may proceed.

(2)This subdivision does not apply to actions filed against any person who would have qualified under the rental assistance funding provided through the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) if the person’s household income is at or below 80 percent of the area median income for the 2020 or 2021 calendar year.

§ 871.12

Amended by Stats. 2021, Ch. 27, Sec. 10. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2027, by its own provisions. Note: Repeal affects Ch. 11, commencing with Section 871.10.

This chapter shall remain in effect until October 1, 2027, and as of the date is repealed.