Sacramento Report
Let the Sunshine In
by Monica Guillén
Over the years, the California Apartment Association has received numerous complaints from rental property owners and managers about eviction defense attorneys who engage in unscrupulous tactics by encouraging tenants to make groundless claims—such as violations of the implied warranty of habitability—in order to delay an eviction for nonpayment of rent. Of the nearly five million renter-occupied units throughout the state, approximately 150,000 unlawful detainer complaints (evictions) are filed each year. In general, tenants contest 30% of all evictions. Unfortunately, some of those contested evictions are simply unethical responses filed by unethical attorneys on the part of tenants as a way to delay evictions. These delays frequently result in a three- to six-month delay and unpaid rent before a landlord can regain possession of a unit.
Beginning on July 1, 2011, under new legislation signed by Governor Arnold Schwarzenegger and subject to funding specifically provided for this purpose, the California Judicial Council is required to develop one or more three-year model pilot projects. In this pilot project(s), legal counsel must be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs. For purposes of this law, housing is included.
Also under this new law, the California Judicial Council must conduct a study
to demonstrate the program’s effectiveness and evaluate the continued need for the program. The projects are to be funded by an additional $10 fee to be
levied for the following actions: issuing a writ for the enforcement of an order or judgment, issuing an abstract of judgment, recording or registering any license or certificate, issuing an order of sale, and filing and entering an award under the Workers’ Compensation Law.
The legislation’s final amendments make it potentially more helpful to the rental housing industry than harmful. The pilot project happens only if money is available—certainly not a sure thing in this economy. If it does happen, however, a Judicial Council study is required. CAA has worked for years to get a public study to show how eviction delay firms operate. This bill would force that issue into the public spotlight and shed light on those unethical tactics that we have often seen in some communities.
CAA was successful with this study approach in the 1990s when eviction delay firms were using the bankruptcy courts to help their clients avoid eviction. The bankruptcy judges agreed to organize a study found unethical practices on the part of eviction delay firms in Southern California. Those firms were eventually put out of business, some employees were even jailed, and today the filing of bankruptcy claims simply to avoid eviction is all but gone.
For many years, CAA has been active on the issue of eviction delay. The CAA legal fund has committed funding and conducted investigations in courtrooms throughout the state to document the abuses that occur. CAA welcomes the study required under this new law and will be an active participant in the study process if the pilot project(s) comes to fruition. If the project(s) ultimately sunsets without full implementation, CAA is committed to continue the search for solutions to the problem of eviction delays. CAA encourages members to report their experiences when faced with unethical eviction defense firms.
The opinions expressed in this article are those of the author, and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Monica Guillén is CAA’s vice president of public affairs. Copyright © 2010 by Black Point Press. All rights reserved.