LEGAL CORNER B y C. T yler G reer , E sq . T he D uringer L aw G roup , PLC
Questions & Answers I heard the most recent extension to the Covid-19 tenant rent protections expires at the end of June. Does this mean that I can evict a tenant with a pending rental assistance application after June 30? Will there be a different 3-Day Notice?
Yes, and yes. In short, once the current protections expire there will not be any restrictions on evicting tenants for failure to pay rent, regardless of application status. In last month’s Legal Corner, I discussed AB 2179 in more detail and how it amended existing laws to extend certain tenant protections based on non-payment of rent, namely, tenants who have pending rental assistance applications could not be evicted until after June 30, 2022. AB 2179 also required a modified 3-day notice with new required language. For a more indepth review of AB 2179, check out May’s Legal Corner article. Moving forward, as the June 30 end date of AB 2179 approaches, housing providers must again be prepared for
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Apartment News
another change in the eviction process. Starting July 1, 2022, we are optimistic that the eviction process will return to the pre-pandemic normal. We are optimistic because each subsequent extension has moved closer to normalcy, albeit slower than we would have liked. In addition, over the last two months since AB 2179 was passed, we have been seeing an increase in the frequency that rental assistance applications being decided, which is a good sign. What this means for the industry as a whole, is that there will continue to be no further requirement to apply for rental assistance and there won’t be a waiting period for judgments for possession of property. Notwithstanding, we may see an end to the Covid-19 rental assistance program and see a transition to a different assistance model. But, ultimately, the eviction process will see a significant decrease in time from notice to possession. Make sure to stay up to date with the AAOC forms and be on the look out for a revised 3-day notice
www.aaoc.com
June 2022
for July 1, 2022, forward. I’ve been doing my own prospective resident screening for quite a while now. I think I’m thorough, but I’m just not sure anymore. I’ve been noticing more and more inconsistencies in the applications I review, and I even came across one who out and out lied about who she was! I’m concerned about all the stories I’ve heard about identity theft. I just can’t afford to make a mistake. What can I do to weed out these undesirables and minimize my chances of being fooled?
Identity theft has been a growing problem for several years. Landlords have increasingly been victimized by prospects posing as someone else, using false or fraudulent information. Often these thieves take advantage of a desperate landlord, eager to fill a vacancy, or a newbie landlord, who hasn’t gone through the school of hard knocks yet. Completed and signed applications by all adults are a must. Verify the information provided. Personally inspect some form of U.S. government issued photo identification. Take a photocopy of the ID and keep it secured with your file. Verify that the social security or the tax ID number provided by the prospect is his or her number and is valid. Run and thoroughly review an eviction and credit check through your apartment association. If practical, go outside to the prospect’s vehicle, and verify that the license number on the
