Actions to Recover COVID-19 Rental Debt

Cal. CCP § 871.10

California Statutes

(

a) In any action seeking recovery of COVID-19 rental debt, as defined in

Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made a good faith effort to investigate whether governmental rental assistance is available to the tenant, seek governmental rental assistance for the tenant, or cooperate with the tenant’s efforts to obtain rental assistance from any governmental entity, or other third party pursuant to paragraph (3) of subdivision (

a) of

Section 1947.3 of the Civil Code. (

b) In an action subject to subdivision (a), the court may reduce the damages awarded for any amount of COVID-19 rental debt, as defined in

Section 1179.02, sought if the court determines that the landlord refused to obtain rental assistance from the state rental assistance program created pursuant to

Chapter 17 (commencing with

Section 50897) of Part of Division of the Health and Safety Code, if the tenant met the eligibility requirements and funding was available. (

c) An action to recover COVID-19 rental debt, as defined in

Section 1179.02, that is subject to this

section shall not be commenced before November 1, 2021. (

d) Subdivisions (

a) through (c), inclusive, shall not apply to an action to recover COVID-19 rental debt, as defined in

Section 1179.02, that was pending before the court as of January 29, 2021. (

e) Except as provided in subdivision (g), any action to recover COVID-19 rental debt, as defined in

Section 1179.02, that is subject to this

section and is pending before the court as of January 29, 2021, shall be stayed until November 1, 2021. (

f) This

section shall not apply to any unlawful detainer action to recover possession pursuant to

Section 1161. (g)

(1) Actions for breach of contract to recover rental debt that were filed before October 1, 2020, shall not be stayed and may proceed.

(2) This subdivision does not apply to actions filed against any person who would have qualified under the rental assistance funding provided through the Secretary of the Treasury pursuant to

Section of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) if the person’s household income is at or below percent of the area median income for the or calendar year.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 871.10
Date2021-06-28
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP871.10.2021278

Actions to Recover COVID-19 Rental Debt

Cal. CCP § 871.10

California Statutes

Actions to Recover COVID-19 Rental Debt

Cal. CCP § 871.10

California Statutes

(

a) In any action seeking recovery of COVID-19 rental debt, as defined in

Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made a good faith effort to investigate whether governmental rental assistance is available to the tenant, seek governmental rental assistance for the tenant, or cooperate with the tenant’s efforts to obtain rental assistance from any governmental entity, or other third party pursuant to paragraph (3) of subdivision (

a) of

Section 1947.3 of the Civil Code. (

b) In an action subject to subdivision (a), the court may reduce the damages awarded for any amount of COVID-19 rental debt, as defined in

Section 1179.02, sought if the court determines that the landlord refused to obtain rental assistance from the state rental assistance program created pursuant to

Chapter 17 (commencing with

Section 50897) of Part of Division of the Health and Safety Code, if the tenant met the eligibility requirements and funding was available. (

c) An action to recover COVID-19 rental debt, as defined in

Section 1179.02, that is subject to this

section shall not be commenced before November 1, 2021. (

d) Subdivisions (

a) through (c), inclusive, shall not apply to an action to recover COVID-19 rental debt, as defined in

Section 1179.02, that was pending before the court as of January 29, 2021. (

e) Except as provided in subdivision (g), any action to recover COVID-19 rental debt, as defined in

Section 1179.02, that is subject to this

section and is pending before the court as of January 29, 2021, shall be stayed until November 1, 2021. (

f) This

section shall not apply to any unlawful detainer action to recover possession pursuant to

Section 1161. (g)

(1) Actions for breach of contract to recover rental debt that were filed before October 1, 2020, shall not be stayed and may proceed.

(2) This subdivision does not apply to actions filed against any person who would have qualified under the rental assistance funding provided through the Secretary of the Treasury pursuant to

Section of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) if the person’s household income is at or below percent of the area median income for the or calendar year.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 871.10
Date2021-06-28
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP871.10.2021278