Below is a list of resources we have compiled to help those in the real estate industry respond to the challenges posed by COVID-19. Although we attempt to update information as we learn it, care should be taken to review and understand the national, state, county and city orders and laws and how they work together for each situation. The legal environment is changing regularly and the information set forth below may not be complete. These resources are provided for informational and convenience purposes only. Cox Castle has not confirmed the accuracy of and does not endorse information contained on third party sites.
Please note that every situation is unique and there is no single answer that applies to every situation. If you have any questions about responding to issues arising from the COVID-19 pandemic, please let us know.
CA SHELTER IN PLACE ORDERS AND IMPACTS ON CONSTRUCTION IN CA
On March 19, 2020, the State of California issued an Executive Order instructing “all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operation of the federal critical infrastructure sectors.” On April 28, 2020, the State Public Health Officer issued a list of “Essential Critical Infrastructure Workers.” Pursuant to the State Executive Order, “Construction Workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)” are deemed essential.
In addition, many California cities and counties also have established their own "shelter in place" order, many of which include much more stringent local restrictions than the State Executive Order, including with respect to limitations on construction. Local governments have taken the position that their orders are complimentary to the State Executive Order and the most restrictive order controls on each issue. Therefore, the local shelter in place orders should be considered along with the State Executive Order. Information on these local shelter in place orders can be found here.
Given the current legal environment and how quickly things are changing, you are encouraged to visit each jurisdiction’s website to review the most current information from each jurisdiction that may affect your situation.
On March 16, 2020, the State of California issued Executive Order N-28-20 authorizing local jurisdictions to implement measures to promote stability among residential and commercial tenants including allowing for a moratorium on evictions for nonpayment of rent and authorizing certain State agencies “to identify tools to afford Californians relief from the threat of residential foreclosure.”
On March 27, 2020, the State of California issued Executive Order N-37-20 staying evictions 60 days for residential tenants for non-payment of rent, who prior to or no later than 7 days after the rent due date notifies the landlord that it needs to delay all or some of its rent because of its inability to pay resulting from COVID-19. Tenant must retain documentation supporting its claim and provide it to landlord at the time of payment of back due rent. Executive Order N-37-20 supersedes Executive Order N-28-20 to the extent there are any inconsistencies. The stay has been extended until September 30 pursuant to Executive Order N-71-20.
Several cities and counties in California also have enacted their own moratoriums on tenant evictions. Some of those have been extended and some have either lapsed or been repealed. Information on these moratoriums can be found here.
REAL ESTATE INDUSTRY RESOURCES