Advocate T
AB 854
hanks to the efforts of EBRHA members and other housing community partners across California, we successfully STOPPED AB 854 (Lee) from moving forward. This early victory in the 2022 legislative session is a welcome departure from the constant attacks on the rental housing industry, thanks largely to your efforts to inform our elected state officials about our strong opposition to AB 854. This will not be the last time legislatures challenge our industry. Thank you for your engagement. We appreciate the phone calls and emails to the California Assembly to fight a bill that would have forced rental property owners to stay in business for at least five years, regardless of their economic circumstance. Since California’s eviction moratorium ended September 30, 2021, be prepared to come together to resolve the remaining issues and legalities that have arisen. We encourage all members to work through EBRHA to manage and resolve any legal questions or resolutions vs. outsiders. EBRHA actively and financially supports the lawsuit filed by our state association, CalRHA, in opposition to California’s eviction moratorium. CalRHA is pursuing the current lawsuit to resolve the damages caused by the state’s evictio n moratorium. We are currently assembling member/nonmember stories and potential plaintiffs to support the case. However, be informed that another local lawsuit to lift the local health emergency order and eviction moratorium in Alameda County and Oakland has been filed on March 1, 2022. John Protopappas of Madison Park is leading this effort and working with the law firm of Zacks, Freedman, and Patterson (ZFP). Both are long-time EBRHA members. Given the Bay Area’s fiscal recovery and strong economy, EBRHA supports its efforts to end the local health emergency order and eviction moratorium in response to the 2020 pandemic. Earlier in January 2022, Protopappas and ZFP delivered a demand letter, seeking an injunction of the health emergency order, to the Alameda Board of Supervisors and Oakland City Council. Alameda County must take action by April 1, 2022, to either lift or extend the current health emergency order and eviction moratorium. EBRHA’s board members and CEO have had discussions with John Protopappas and Andrew Zacks to review the possible arguments and legal standing to eliminate the moratorium and possibly pursue damages.
14 WINTER Q1 2022 / EBRHA.COM
NOTE: If you have been contacted or solicited by any of the parties mentioned above, we strongly recommend that you work directly with EBRHA so we can properly coordinate member support and consolidate financial resources. In early February, EBRHA and Berkeley Property Owners Association (BPOA) scheduled a joint association meeting to discuss the legal approach, grounds, arguments, and resources required to win the case on behalf of property owners. On March 7, 2022, EBRHA organized a member meeting to discuss the case and answer questions. Please stay tuned for information sessions on further developments to get crucial updates and understand the action items related to the lawsuit. Thank you to all EBRHA members who have provided stories regarding their struggles and challenges related to the local eviction moratorium. Please consider contributing to the EBRHA Legal Fund in support of this lawsuit at ebrha.com/join-us/donation.aspx. Thank you for helping us raise funds and build resources to support the litigation.
DAMIR KHABIROV/ADOBE STOCK
EVICTION MORATORIUM – LEGAL UPDATES
