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A second federal judge has challenged the CDC’s nationwide eviction moratorium, but the ruling won’t change anything about California’s COVID-19 eviction restrictions. On March 10, a federal judge in Cleveland concluded that the Centers for Disease Control and Prevention exceeded its authority by imposing its nationwide eviction ban. In February, a federal judge in Texas also found that the CDC lacked the power to prohibit evictions, saying only states and local governments have such authority.

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A ruling by a Texas judge finding the CDC’s COVID-19 eviction ban to be unconstitutional won’t affect the various eviction moratoria in California. The ruling by U.S. District Judge J. Campbell Barker concludes that the Centers for Disease Control lacked the Constitutional authority to ban residential evictions. “The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium,” Barker wrote in a ruling Thursday, as reported by Bloomberg. The authority to impose eviction moratoria rests with local and state governments, the judge concluded. This means California’s statewide eviction moratorium,… Read More

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President-elect Joe Biden said Thursday he would urge Congress to extend the nation’s COVID-19 eviction moratorium through September while also providing an additional $30 billion in rental assistance. The rent relief would be part of a nearly $2 trillion stimulus plan that also includes $1,400 payments to qualifying individuals. The proposals would bolster the $25 billion in rental aid and $600 stimulus payments in the COVID-19 economic relief package approved in December.

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For two new state senators, addressing California’s housing crisis has emerged as an early legislative priority. Shortly after being sworn in this month, Sens. Scott Wiener and Toni Atkins introduced separate bills to bolster the state’s affordable housing stock. Although still being fleshed out, Senate Bill 35 by Wiener, D-San Francisco, would encourage cities to approve residential developments, particularly those with affordable housing. In part, Wiener’s bill is based on Gov. Jerry Brown’s unsuccessful attempt to streamline the approval process, KQED reported. To defeat Brown’s plan, some opponents cited a loss of local control in vetting projects, and unions pointed… Read More

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Legislation that would encourage prospective hosts to review their insurance policies before getting into the home-sharing business now awaits the governor’s signature. On June 27, a few days before the Legislature adjourned for its summer recess, the state Senate approved SB 1093 by a 38-0 vote with two abstentions. Senate Bill 1092 would require companies such as Airbnb, HomeAway and Flipkey to post disclosures about the importance of confirming insurance coverage related to short-term rentals. Under the bill, the person offering the property would have to acknowledge, through the hosting platform’s website, that he or she has read the insurance… Read More

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The state Senate last week approved a bill aimed at issuing a $3 billion bond for affordable housing, joining a number of housing-production proposals still in play this year. SB 879 by Sen. Jim Beall, D-San Jose, is now in the Assembly. If the bond measure passes both houses of the Legislature, it will appear before voters in the Nov. 8 statewide general election. Beall’s office said his bill would generate thousands of homes and apartments priced within reach of California’s families. It also would house thousands of homeless individuals, his office said in this news release. “Senate Bill 879… Read More

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Before listing  properties on home-sharing websites, hosts should make sure they have adequate insurance coverage — just in case something goes awry during a short-term rental. Under legislation by Sen. Bill Monning, D-Carmel, companies such as Airbnb, HomeAway and Flipkey would need to post a disclosure about insurance coverage on their websites. Senate Bill 1092 would require disclosures about the need for the property owner or tenant to review his or her insurance plan to confirm coverage in the event of injury or damage during the rental period. If the hosting platform provides primary insurance coverage for the rental period,… Read More

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Although untidy, the used mattresses strewn in front of the Capitol earlier this month sent a rather neat message: It’s time to put a tired old eyesore to bed. The California Apartment Association, lawmakers and other stakeholders spoke in support of Senate Bill 254, which targets abandoned mattresses left in vacated apartments, dumped on the side of the road or other places that beds don’t belong. SB 254, now on the governor’s desk, would create a nonprofit mattress-recycling organization to make sure discarded mattresses are collected, dismantled and recycled for new products. Debra Carlton, senior vice president of public affairs… Read More

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