2020-03-16 Gov Newsom EO-N-28-20 Public Housing & EvictionsEXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-28-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency t o
exist in California as a result of the threat o f COVID-1 9; and
WHEREAS despite susta in ed e fforts, the v iru s remains a threat, and
further e f fort s to control the spread of the v iru s t o redu ce and minimize the
risk of infecti on and otherwise m itigate the e ffects of COVID-19 are
needed; and
WHEREAS the economic impacts of COVID-19 have been
sign ifi ca nt, and could threat en to undermine Californians' housing secu rit y
and th e stability o f California businesses; and
WHEREAS many Californians are experiencing substa n tial losses o f
in come as a result o f business closures , th e loss of hours or wages, o r
layoffs related to COVID-19, hindering th e ir ability to keep up with their
rents, mortgages, and utility bills; and
WHEREAS Ca liforni ans w h o are most vulnerable t o COVID-19 , th ose
65 years and older, and th ose with underlying health issues, are advised t o
se lf-quarantine, se lf-i so late, or o therwise remain in their h omes t o reduce
the transmission of COVID-19; and
WHEREAS because homelessness can e xacerbate v ulnerability to
COVID-19, California must take measures t o preserve and increase
housing security f or Californians t o protect public health; and
WHEREAS local jurisdictions , based on th e ir particu lar needs, may
therefore determine that additional measures to p romote h ousing security
and stability are necessary t o protect publi c health or t o mitigate the
economic impa cts o f COVID-19; and
WHEREAS local jurisd ic tions may also determine, based on their
particular n eeds, th a t promoting stability a m ongst commercia l tenancies
is a lso conducive to public health, such as by allowing commercia l
establi shments to decide whether and how to remain ope n based on
publi c health concerns rather than economic pressures, or to mitigate th e
econom ic im pacts of COVID-19; and
WHEREAS in addition to these public health benefits, state and local
policies to promot e socia l d istan c in g, self-quarantine, and self-i solation
require that people be able to access basic utilities-including water, gas,
electricity, and telecommunications-at their homes, so that Californians
can work from home, receive publi c health information , and otherwise
adhere to policies of social distancing, self-quarantine, and se lf-isolation, if
needed; and
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WHEREAS many utility providers, public and private, covering
electricity, gas , water, and sewer, have voluntarily announced
moratoriums on service disconnections and late fees for non-payment in
response to COVID-19; and
WHEREAS many telecommunication companies, including internet
and cell phone providers, have voluntarily announced moratoriums on
service disconnections and late fees for non-payment in response to
COVID-19 ;
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of
California, in accordance with the authority vested in me by the State
Constitution and statutes of the State of California, and in particular,
Government Code sections 8567 and 8571, do hereby issue the following
order to become effective immediately:
IT IS HEREBY ORDERED THAT:
l) The time limitation set forth in Penal Code section 396, subdivision
(f), concerning protections against residential eviction, is hereby
waived. Those protections shall be in effect through May 31, 2020.
2) Any provision of state law that would preempt or otherwise restrict a
local government's exercise of its police power to impose
substantive limitations on residential or commercial evictions as
described in subparagraphs (i) and (ii) below-including, but not
limited to, any such provision of Civil Code sections 1940 et seq. or
1954.25 et seq.-is hereby suspended to the extent that it would
preempt or otherwise restrict such exercise. This paragraph 2 shall
only apply to the imposition of limitations on evictions when:
(i) The basis for the eviction is nonpayment of rent, or a
foreclosure, arising out of a substantial decrease in
household or business income (including, but not
limited to, a substantial decrease in household
income caused by layoffs or a reduction in the
number of compensable hours of work, or a
substantial decrease in business income caused by
a reduction in opening hours or consumer demand),
or substantial out-of-pocket medical expenses; and
(ii) The decrease in household or business income or
the out-of-pocket medical expenses described in
subparagraph (i) was caused by the COVID-19
pandemic, or by any local , state, or federal
government response to COVID-19, and is
documented.
The statutory cause of action for judicial foreclosure, Code of Civil
Procedure section 725a et seq.; the statutory cause of action for
unlawful detainer, Code of Civil Procedure section 1161 et seq., and
any other statutory cause of action that could be used to evict or
otherwise eject a residential or commercial tenant or occupant of
residential real property after foreclosure is suspended only as
applied to any tenancy, or residential real property and any
occupation thereof, to which a local government has imposed a
limitation on eviction pursuant to this paragraph 2, and only to the
extent of the limitation imposed by the local government.
Nothing in this Order shall relieve a tenant of the obligation to pay
rent, nor restrict a landlord's ability to recover rent due.
The protections in this paragraph 2 shall be in effect through May
31, 2020, unless extended.
3) All public housing authorities are requested to extend deadlines for
housing assistance recipients or applicants to deliver records or
documents related to their eligibility for programs, to the extent that
those deadlines are within the discretion of the housing authority.
4) The Department of Business Oversight, in consultation with the
Business , Consumer Services, and Housing Agency, shall engage
with financial institutions to identify tools to be used to afford
Californians relief from the threat of residential foreclosure and
displacement, and to otherwise promote housing security and
stability during this state of emergency, in furtherance of the
objectives of this Order.
5) Financial institutions holding home or commercial mortgages,
including banks, credit unions, government-sponsored enterprises,
and institutional investors, are requested to implement an
immediate moratorium on foreclosures and related evictions when
the foreclosure or foreclosure-related eviction arises out of a
substantial decrease in household or business income, or substantial
out-of-pocket medical expenses, which were caused by the
COVID-19 pandemic, or by any local, state, or federal government
response to COVID-19 .
6) The California Public Utilities Commission is requested to monitor
measures undertaken by public and private utility providers to
implement customer service protections for critical utilities , including
but not limited to electric, gas, water, internet, landline telephone,
and cell phone service, in response to COVID-19, and on a weekly
basis publicly report these measures .
Nothing in this Order shall be construed to invalidate a ny limitation
on eviction enacted by a local jurisdiction between March 4, 2020 and
this date.
Nothing in this Order shall in any way restrict state or local authority
to order any quarantine, isolation, or other public health measure that
may compel an individual to remain physically present in a particular
residential real property.
This Order is not intended to, and does not, create any rights or
benefits, substantiv e or procedural, enforceable at law or in equity,
against the State of California , its agencies, departments, entities, officers ,
employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this
proclamation be filed in the Office of the Secretary of State and that
widespread publicity and notice be given of this Order.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 16th day
of March 2020.
ATTEST:
ALEX PADILLA
Secretary of State