By Chad Barger, CALSPro Legislative Chairman

The California eviction moratorium is set to expire on October 1, 2021. Lawmakers have been grappling with the knowledge that there will be a flood of new eviction cases coming soon. Earlier this year, the California legislature passed three bills, AB 3088, SB 91, and AB 832, to help remedy the situation and give landlords and tenants a road to relief within the court system.

According to the Judicial Council executive summary and origin notice SP21-05 from August 9, 2021;

AB 3088 provided landlords with the ability to recover COVID-19 rental debt in small claims court, and SB 91 deferred the date for commencing such actions until August 1, 2021. Senate Bill 91 also added a requirement that plaintiffs in all COVID-19 recovery cases attach documentation of their efforts to assist tenants in obtaining rental assistance to their complaints (Code Civ. Proc., § 1179.10(a)) and provide certain verifications regarding rental assistance before a judgment could be issued in their favor (Health & Saf. Code, § 50897.3(e)). Prior to the passage of AB 832, the council and its committees were in the process of revising and developing small claims forms for use in such actions. Council action on those forms was deferred in light of the passage of AB 832.

On June 28, 2021, the Legislature enacted AB 832 as urgency legislation. The comprehensive law extended many of the protections in the COVID-19 Tenant Relief Act. The law also enacted the COVID-19 Rental Housing Recovery Act, Code of Civil Procedure section 1179.082 et seq., which, for certain unlawful detainer actions based on nonpayment of rent brought on or after October 1, 2021, imposes new requirements on plaintiffs, expands certain rights of defendants, and will require courts to handle some procedures in such cases differently from other unlawful detainer cases.

The Civil and Small Claims Advisory Committee proposal recommends the adoption, approval, and revision of certain unlawful detainer, small claims, and pleading forms. The changes are urgently needed for the forms to conform to the provisions of AB 832. The proposed forms are listed below.

For unlawful detainer actions (all proposed as effective October 1, 2021):

• Revised Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (form UD-101)

• Revised Answer—Unlawful Detainer (form UD-105)

• Revised Verification by Landlord Regarding Rental Assistance—Unlawful Detainer (form UD-120)

• New Application to Prevent Forfeiture Due to COVID-19 Rental Debt (form UD-125)

For actions to recover COVID-19 rental debt in small claims court (proposed effective November 1, 2021, except for the INFO sheet, effective October 15, 2021):

• New Plaintiff’s Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt) (form SC-500)

• New Other Plaintiffs or Defendants (COVID-19 Rental Debt) (form SC-500A)

• New COVID-19 Rental Debt in Small Claims Court (form SC-500-INFO)

• Revised Plaintiff’s Claim and ORDER to Go to Small Claims Court (form SC-100)

• Revised Fictitious Business Name (Small Claims) (form SC-103)

• Revised What is Proof of Service? (Small Claims) (form-104B)

For actions to recover COVID-19 rental debt in civil court (proposed effective November 1, 2021):

• New Complaint—Recovery of COVID-19 Rental Debt (form PLD-C-500)

• New Answer—Recovery of COVID-19 Rental Debt (form PLD-C-505)

• New Verification by Plaintiff Regarding Rental Assistance—Recovery of COVID-19Rental Debt (form PLD-C-520)

As these proposed forms have not been fully approved by the Judicial Council, they are still subject to change. CALSPro is dedicated to keeping you informed of these changes and the protection of our profession. As we move closer to our annual conference in Rancho Mirage, I encourage you to attend and be a part of the conversation.