Policy Practicum: Possible Reforms to CA Eviction Statutory Scheme

Catalog description

Under California law, landlords are under no obligation to accept back-due rent after expiration of a properly served "three-day notice to pay or quit." This very short timeline (known as "the cure period" or "the redemption period") makes it very difficult for tenants to stay in their homes following a financial emergency, fight nonpayment evictions, or access available rental assistance. Public Advocates is considering legislation to address this specific feature of the California eviction statute to (1) require landlords to accept rent arrears and dismiss the eviction court case if the tenant pays the arrears at any time during the eviction court process and (2) lengthen cure/redemption period from three to 14 days. Several other states have laws with features such as these. Public Advocates seeks research, analysis, and policy recommendations comparing California law to that of other states that require landlords to end eviction proceedings once the rent debt is paid (and at what point in the process), identifying whether (and how much, if statutorily limited) tenants are required to pay for the landlord's attorney's fees and costs associated with the eviction case (if they pay the back-due rent after the initiation of legal proceedings), and analyzing how these policy interventions would impact housing insecurity and homelessness in California. Depending on capacity, Public Advocates would also welcome research, analysis, and recommendations on other reforms to the California eviction process, specifically codifying tenants' right to counterclaim in an eviction case for damages based on alleged habitability violations. Public Advocates requests a final report, including, if within the practicum's capacity, proposed draft statutory language. Elements used in grading: Attendance, class performance, class participation, written assignments, paper. CONSENT…