Ten days after Gov. Gavin Newsom ordered a halt to evictions of tenants unable to pay rent because of the coronavirus, state judicial leaders went a step further Monday and barred courts from enforcing any eviction orders against renters.

Eviction orders “threaten to remove people from the very homes they have been instructed to remain in,” the state Judicial Council said in a summary of the rent issue on the agenda at an emergency teleconference.

Newsom first issued an executive order March 16 authorizing local governments to halt evictions through May 31. Finding that only about 30 cities or counties, including San Francisco and San Jose, had responded, the governor issued another order March 27 requiring a statewide, two-month halt on evictions of tenants who could not afford to pay rent because of the pandemic.

Tenant advocates said it was a step in the right direction but did not go far enough, leaving renters unprotected if they could not prove a connection between their financial shortage and the virus or who were being evicted for other reasons, such as the owner’s intention to move into the unit.

The Judicial Council’s action, approved by unanimous vote Monday, applies to all evictions, regardless of cause, and will remain in effect until 90 days after Newsom declares an end to the current state of emergency. The only exceptions are evictions that are found to be necessary for the public health or safety.

The action halts legal procedures used by property owners to initiate and enforce evictions.

Owners begin by obtaining a summons from a court and serving it on the tenant, who under state law has been required to respond within five days or face a default. The council’s action prohibits courts from issuing summonses. For those already issued, tenants cannot be penalized for failing to respond, unless they pose a public danger. For tenants who have already responded, trials are postponed for at least 60 days.

“This is the type of action we really need to give tenants comfort that they are not at any risk,” said Sasha Harnden, a policy advocate for the Western Center on Law and Poverty. “This gets us the breathing room.”

His organization said the state Legislature, now in recess, could address issues of financial assistance for tenants when it returns.

“This means no CA tenant will be evicted unless it’s necessary to protect public health & safety,” Assemblyman David Chiu, D-San Francisco, said by Twitter after the vote.

Marsha Slough, a state appeals court justice in Riverside and a Judicial Council member, said in presenting the proposal Monday that Newsom’s order “may not be enough to prevent the potential crisis of eviction,” which could remove tenants “at the very time those tenants need to remain safe.”

Shortly before the governor’s order, the California Apartment Association urged its members to halt evictions for tenants affected by the coronavirus and waive late fees through May 31.

By Bob Egelko
San Francisco Chronicle staff writer Alexei Koseff contributed to this report.

Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com Twitter: @BobEgelko

Source: https://www.sfchronicle.com/news/article/California-halts-tenant-evictions-statewide-15183200.php