As most landlords already know, SB 91 was extended through September 30, 2021 under a new law, AB 832. The legislation extends COVID-19 eviction protections, modifies notice requirements, expands rental assistance programs, and creates new eviction procedures that affect California landlords through March 31, 2022.
Table of Contents
- Overview of AB 832
- Expanded Rental Assistance for Landlords and Tenants
- New Notice Requirements Under AB 832
- How AB 832 Extends Eviction Protections
- The COVID Rental Housing Recovery Act (CRHRA)
- New Eviction Filing Requirements
- Additional Tenant Protections and Limitations
- Local Moratoriums and State Preemption
- What-Landlords-Should-Know-Moving-Forward
- FAQ’s
Overview of AB 832
AB 832 extends the protections previously established under AB 3088 and SB 91 while expanding California’s rental assistance program. The law allows qualifying landlords to receive up to 100% reimbursement for unpaid rent owed between April 1, 2020, and September 30, 2021, provided tenants meet income eligibility requirements.
The legislation also extends the deadline for tenants to pay the required 25% minimum rent obligation through September 30, 2021 and introduces new legal procedures for handling rental debt and eviction cases.
Expanded Rental Assistance for Landlords and Tenants
One of the most significant benefits of AB 832 is the expansion of the State Rental Assistance Program. Eligible landlords may receive 100% of unpaid rent for qualifying tenants rather than the previous 80% reimbursement.
The law also allows landlords to apply for rental assistance on behalf of tenants and requires government agencies to provide status updates and final decisions regarding applications. New online portals were created to help both landlords and tenants track application progress more efficiently.
New Notice Requirements Under AB 832
Beginning July 1, 2021, landlords were required to serve new notices to tenants with unpaid rent obligations that accrued between March 1, 2020, and September 30, 2021.
These requirements apply to a wide range of situations, including tenants who previously received notices, entered payment agreements, or still owed outstanding rental balances. Failure to comply with the updated notice requirements could significantly impact a landlord’s ability to pursue legal remedies.
How AB 832 Extends Eviction Protections
AB 832 continues many of the tenant protections established under previous COVID-related legislation. Tenants who return a COVID-19 financial hardship declaration remain protected from eviction for qualifying unpaid rent through September 30, 2021.
The law also temporarily expands “just cause” eviction protections, limiting a landlord’s ability to terminate certain tenancies and restricting evictions related to demolition, substantial renovations, and lease expirations in many situations.
The COVID Rental Housing Recovery Act (CRHRA)
AB 832 introduced the COVID Rental Housing Recovery Act (CRHRA), which established new eviction procedures effective from October 1, 2021 through March 31, 2022.
Under these rules, landlords seeking eviction for unpaid rent must first apply for rental assistance and follow specific waiting periods before filing an unlawful detainer action. Additional documentation and declarations are required to demonstrate compliance with the law.
New Eviction Filing Requirements
Before filing an eviction case for non-payment of rent, landlords must either:
- Receive a final denial from the rental assistance program; or
- Demonstrate they applied for assistance, waited the required period, and received no response from the tenant or program.
These procedural requirements significantly affect how and when eviction actions may proceed.
Additional Tenant Protections and Limitations
AB 832 provides additional protections even after an eviction judgment has been entered. In certain situations, tenants may request that a court delay enforcement if rental assistance approval is obtained before the sheriff completes the lockout process.
However, beginning October 1, 2021, tenants generally became responsible for paying 100% of ongoing monthly rent to remain protected from eviction, rather than the previous 25% minimum payment requirement.
Local Moratoriums and State Preemption
AB 832 limits the ability of local governments to enact or extend eviction moratoriums that conflict with state law. While some local protections that existed before August 19, 2020 remained in effect, many cities and counties faced restrictions on creating new non-payment eviction protections.
Property owners should always verify whether local ordinances impose additional requirements beyond state law.
What Landlords Should Know Moving Forward
AB 832 represented another major change in California’s evolving landlord-tenant regulations during the COVID-19 pandemic. While the law expanded rental assistance opportunities and increased reimbursement amounts, it also imposed new notice requirements, filing procedures, and compliance obligations.
For landlords, understanding these requirements and staying current with changing regulations remained essential to protecting rental income and maintaining compliance with California housing laws.
FAQ’s
What is AB 832 and how did it affect California landlords?
AB 832 extended COVID-19 tenant protections and modified eviction procedures throughout California. The law expanded rental assistance programs, introduced new notice requirements, and established additional steps landlords had to complete before pursuing eviction actions for unpaid rent related to the pandemic.
Did AB 832 provide financial assistance to landlords for unpaid rent?
Yes. AB 832 expanded California’s rental assistance program and allowed eligible landlords to receive up to 100% reimbursement for qualifying unpaid rent accrued during the covered period. The program was designed to help property owners recover lost rental income while assisting tenants experiencing financial hardship.
Could landlords still evict tenants for non-payment of rent under AB 832?
In certain circumstances, yes. However, landlords were generally required to follow specific procedures, including providing proper notices, applying for rental assistance when applicable, and complying with additional state requirements before filing an eviction case for unpaid rent.
Did AB 832 prevent landlords from increasing rent?
AB 832 itself did not create a statewide prohibition on rent increases. However, some cities and counties maintained local emergency ordinances that restricted rent increases during the pandemic. Property owners needed to review both state and local regulations before adjusting rental rates.
Why is professional property management important during changing housing regulations?
California landlord-tenant laws can be complex and frequently change. An experienced South Bay property management company can help property owners stay compliant with notice requirements, rent collection procedures, rental assistance programs, eviction regulations, and local ordinances while protecting their long-term real estate investments.