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Ex. SEC-13-052 Order Primary source read

Assembly Bill 3088, Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (COVID-19 Tenant Relief Act of 2020, Code Civ. Proc. 1179.01 et seq.; COVID-19 Small Landlord and Homeowner Relief Act of 2020, Civ. Code 3273.01 et seq.)

AB-3088 Tenancy: rental payment default: mortgage forbearance: state of emergency: COVID-19

California Legislature (AB 3088, Chiu); approved by Governor Newsom · California (State)

The COVID Project

The record

Jurisdiction
California
Level
State
Authority
Cal. Const. art. IV; urgency statute (Stats. 2020, ch. 37)
Issued
2020-08-31 Aug. 31, 2020
Effective
2020-08-31 (urgency); Tenant Act protections for rent due Mar. 1, 2020-Jan. 31, 2021; Homeowner Act 'effective time period' from Sept. 1, 2020 (read as 2020-08-31)
End
Tenant Act covered period to Jan. 31, 2021 (extended by SB 91 to June 30, 2021 and AB 832 to Sept. 30, 2021); Homeowner Act effective time period to Sept. 1, 2021 (extended by AB 832 to Dec. 1, 2021); statute repeals 2023-2025 (read as 2021-09-30)
In force
Aug. 31, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • landlords
  • mortgage servicers
  • courts
Functions reached
  • SV (written-notice duties on forbearance decisions; foreclosure conduct on covered mortgages; rental-debt collection limits)
  • ML
  • CB
Collection
Financial Services SEC-13

Operative words

This bill would, until February 1, 2025, enact the COVID-19 Tenant Relief Act of 2020 (Tenant Act).... [the covered time period] to mean the time between March 1, 2020, and January 31, 2021.... The bill would also enact the COVID-19 Small Landlord and Homeowner Relief Act of 2020 (Homeowner Act), which... [requires a mortgage servicer that does not grant a forbearance request during the effective time period to provide written notice of the reasons and] would also require a mortgage servicer to comply with applicable federal guidance regarding borrower options following a COVID-19 related forbearance. [Legislative Counsel's Digest, quoted; the Homeowner Act's operative sections are Civ. Code 3273.01-3273.16.]

Enforcement

Civil liability; Code Civ. Proc. 1179.03 et seq.; Civ. Code 3273.15 (borrower's right of action against a servicer)

Notes

Same instrument as CA-063 in the California State file. Text read (Legislative Counsel's Digest and bill text).

Retrieval note

Rendered from the Legislature's site (amended-in-Senate Aug. 28, 2020 text as enacted); the chaptered version is Stats. 2020, ch. 37.