Weekly Update- August 14, 2020

CA JUDICIAL COUNCIL TO END EMERGENCY RULES ON EVICTION

Judicial Council Votes to end temporary emergency rules on evictions and foreclosures, September 1.

This news is welcome, but with two weeks left in the Legislative Session, will require that we be very vigilant to watch for last minute amendments on this issue impacting your properties.  Additionally, this action does not impact areas where a local ordinance has been adopted.

Here is the full statement with links to more information:

“’In our ongoing conversations with Gov. Newsom and the Legislature, we have been responsive to their requests for additional time to develop and enact policy and legislative proposals,’ Chief Justice Cantil-Sakauye said.

“The Judicial Council of California voted to end two temporary emergency rules governing evictions and judicial foreclosures, which will stay in effect through midnight on Sept. 1.

“The proposal was approved 19-1, with council members submitting their votes by circulating order.

The Judicial Council originally approved the temporary emergency rules staying eviction and foreclosure proceedings at a special remote meeting on April 6. California Chief Justice Tani G. Cantil-Sakauye then suspended a vote on June 10 to provide the Governor and Legislature more time to develop policy proposals and solutions to deal with the potential impacts of evictions and foreclosures during the COVID-19 pandemic.

“’The judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic,’ Chief Justice Cantil-Sakauye said in a statement.

“’The duty of the judicial branch is to resolve disputes under the law and not to legislate. I urge our sister branches to act expeditiously to resolve this looming crisis.’”

Click here for more information.

 

SENATE PRO TEM STATEMENT ON JUDICIAL COUNCIL ACTION

California State Senate pro Tem Toni Atkins released the following Statement on the Judicial Council’s Vote to Extend Emergency Rules on Evictions, Foreclosures, to September 1:

“I appreciate the Judicial Council’s careful review of policies regarding unlawful detainer and judicial foreclosing proceedings, and decision to extend the emergency rules until September 1. The pandemic has devastated millions of Californians financially, and there continues to be a deep need for solutions that would provide housing stability and financial solvency. The Judicial Council’s decision to extend the emergency rules on evictions for a few more weeks allows me and my colleagues to complete our legislative process on bills to address these issues.”

 

UNLAWFUL DETAINER BILLS

There are three bills alive right now impacting property owners and tenants relating to rent and unlawful detainer issues.  Although they are all currently intended to apply to residential only, we are following very closely and engaging along with partners at the CA Apartment Association.

Two of the three bills are, AB 828 (Ting; D-San Francisco) and AB 1436 (Chiu; D-San Francisco), are opposed by many business and property groups as they would shift the burden of COVID-19 related economic issues solely onto property owners, which put them at jeopardy of going into default and losing their properties.  That approach helps no one and would exacerbate the problem.

While the third, SB 1410 (Caballero; D-Salinas), while not perfect, does take a much more balanced approach as we have been advocating since march.  We have pointed to this bill as a workable framework that recognizes both the property owner and the tenant need assistance, and contracts must be honored.  The language currently is intended to apply to residential only, so we are following closely but remain neutral.

All bills will be heard next week.

Another bill previously on our radar, AB 3366 (Judiciary Committee), originally codified the Judicial Council orders, has been changed to deal with emergency powers of the court, and is no longer of concern to our members.

 

POLL SHOWS STRATEGIES VOTERS FAVOR TO RESTORE ECONOMY

Loren Kaye, President of the California Foundation for Commerce and Education, and a good friend from the CalChamber, brings some polling information to provide insight as to where California Voters are right now on some economic issues:

“California voters are understandably anxious about the health and economic crises facing families and workplaces. CalChamber commissioned a brief survey to better understand how voters want state leaders to address key economic issues as the clock ticks down on the 2020 Legislative session.

“The chilling events over the past three months have moved California voters to a more pessimistic frame of mind.

“Asked if the United States is going in the “right direction” or “wrong track,” voters, chose wrong track by a more than four-to-one margin, 82% – 18%, accelerating their jaded view of national affairs, which had trended two-to-one negatively over the past three years.

“Voters also view California affairs pessimistically. By a 60% – 40% margin, voters believe the state is on the wrong track, reversing the past three years’ assessment, which averaged a slight majority pegging the state in the right direction….”

Click here to read the full article over at Fox and Hounds.

 

MALLS AND RETAILERS LAUNCH “BUY SAFE AMERICA COALITION”

Our friends at ICSC and RILA are both participating in the Buy Safe America Coalition along with a diverse group of responsible retailers, consumer groups, manufacturers, intellectual property advocates, and law enforcement officials.

The Buy Safe America Coalition represents a diverse group of responsible retailers, consumer groups, manufacturers, intellectual property advocates and law enforcement officials who support efforts at all levels of government to protect consumers and communities from the sale of counterfeit and stolen goods.

Click here to learn more about the Buy Safe America coalition.

 

2022 ENERGY CODE; INPUT REQUESTED

The 2022 building energy code changes are well underway, and specifically target commercial and non-residential buildings. CBPA has retained one of the best energy/code consulting firms working in the state, ConSol, and are working with BOMA/ICSC/NAIOP to fund, and help identify, analyze, prioritize, and educate staff on what we view as the most costly and potentially burdensome of those proposed changes.

This issue is time sensitive, and we would like whatever responses we can get by Friday, August 21, which we will then take to the CEC.

We do not need full blown responses on every item – even if your company only has some info to share on just one of the items, that will be helpful.

Also, if your company does not think an item is particularly burdensome, we need to know that too.  Our technical team has expertise, but we are looking for some practical expertise and experience to augment the analysis.

We need to make sure one informs the other so we can focus our efforts on those things that matter most.

Click here to read descriptions of the initial measures identified as most troublesome.  We need your feedback.  Each one identifies the information we need to make a most effective response.

 

© 2007-2012 Building Owners and Managers Association of California (BOMA Cal)