SB 91 Extends AB 3088 and Creates Additional Protections

The protections for tenants and homeowners under AB 3088 were set to expire a few days ago, on January 31, 2021. However, SB 91 extends these through June 30, 2021, giving tenants more time without fear of eviction as long as their application is proper and they pay at least 25% of their rent. SB 91 is not merely an extension of AB 3088, though. It also creates new tenant protections and establishes a rent relief program.

The rental assistance program is available regardless of citizenship status, but only for those with an income below 80% of area median income (AMI). The program prioritizes households below 50% AMI or who have been unemployed the full 90 days prior to applying. Assistance is given for rental arrears first, before new rent and utility arrears.

The new tenant protections mostly prevent landlords from attempting to squeeze money out of tenants in ways separate from the normal rent payments. Landlords won’t be able to apply the security deposit to debt, charge late fees, or factor in debt when determining rent prices. Landlords also can’t assign or sell debt until June 30, 2021, or at all if the tenant qualifies for the new rental assistance program. Landlords may not take legal action to recover debt until July 1, 2021, at which point they still need to provide documentation of good faith efforts to cooperate with qualifying tenants. Courts are allowed to limit attorney’s fees for rental debt cases, and if the landlord refuses to participate in the rental assistance program, the court can also reduce the amount of damages.

Photo by Luke van Zyl on Unsplash

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