Dear Member,

Tomorrow, September 28, at 1 pm, MLSListings, Inc. experts Mark Messimer and David Scalora will be on hand to give you the latest updates and answer questions.

Save the date: Wednesday, September 29, at 7pm, for an informational session on rent control hosted by the City of Monterey.

Don't forget to sign up for an RPA Update class (not for new members who still need to take the mandatory new member Contract class). We are offering two dates and these classes will be in person.

Please read the important update from C.A.R. regarding the end of the eviction moratorium.

Kevin
The City of Monterey is hosting an informational session on rent control this Wednesday, September 29, at 7:00 PM.

Details for public participation in this City Council meeting:
  • BEFORE THIS MEETING, members of the public may submit comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These messages will not be read aloud during the meeting but are made available to the Council and public at monterey.org/submitted-comments. All comments received become part of the record.
  • DURING THIS MEETING, members of the public may attend and participate:
  1. In-person (location listed above), with masks required for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.
  2. Online via ZoomGov Webinar live (no time delay): Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1601253340
  3. Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number doesn’t work, please try another. Enter Webinar ID: 160 125 3340 #. If prompted to enter a participant ID, press #. To “raise your hand” dial *9. Once called upon, dial *6 to unmute. Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions.
On September 30, the statewide eviction moratorium under the COVID-19 Tenant Relief Act (CTRA) is due to end. However, the law will not simply return to its pre-pandemic form. Instead, a new law, the COVID-19 Rental Housing Recovery Act, will take its place. Here are the key differences in practices and procedures.  
  • Exemptions for SFP and new construction to the just cause eviction rules return. Beginning October 1, the standard exemptions to the just cause eviction rules return, the most significant ones being for single family properties and new construction properties built within the last 15 years. 
  • For rent due prior to October 1, 2021, the 15-day notice is still required (but not for rent due prior to March of 2020). To avoid confusion after October 1, if a tenant owed COVID rent from before October 1, 2021, it is highly recommended to use the appropriate forms to demand the rent now. 
  • Special 3-day notice beginning October 1, 2021, through March 31, 2022, and the requirement of applying for Emergency Rental Assistance. Beginning October 1, a landlord may demand the full amount of rent using a special 3-day notice to pay rent or quit for rent that became due on or after October 1. However, the new notice requires the landlord to apply for emergency rental assistance. This special 3-day notice will be required for all rent due until March 31, 2022.
  • Tenancies commencing October 1, 2021, are not subject to the special 3-day notice. If the tenancy has commenced on or after October 1, 2021, then neither the special 3-day notice nor the requirement to apply for emergency rental assistance is required. Instead, on that date landlords can return to using the traditional 3-day notice to pay rent or quit.
  • On November 1, 2021, the landlord may collect unpaid COVID rent due from March 2020 through September 2021. Beginning November 1, 2021, the landlord may initiate a legal action to recover the unpaid COVID rent. This includes going to small claims court to recover any amount of COVID rental debt even if it is otherwise over the small claims court limits. 
The above explanation is a simplified version of a surprisingly complicated procedure. C.A.R. intends to update its landlord/tenant forms where necessary. This will include: 
  • The introduction of the special 3-day notice to pay rent or quit for rent demanded from October 1, 2021, through March 31, 2022 
  • The reintroduction of the standard 3-day notice to pay rent or quit (for tenancies commencing after October 1, 2021)
  • The removal of the "Notice of Termination of Tenancy COVID Tenant Relief Act" (form NTT-CTRA)
  • The return, in its pre-pandemic form, of the "Notice to Terminate Tenancy" (form NTT) 
Even though C.A.R. may make forms available for landlords to use, all persons are strongly urged to work with their own landlord/tenant attorney specialist before providing these notices, especially if their ultimate aim is to evict through a court procedure.