A.B. 3088 COMPLIANCE REQUIREMENT: New “Notice of COVID-19 Relief Act of 2020” Due By September 30, 2
Assembly Bill 3088 Notice is Due by September 30, 2020 – Failure to Provide Notice May Result in Loss of Your Ability to Evict for Non-Payment and / or to Recover Unpaid Rent
Just prior midnight on August 31, 2020, Governor Newsom signed into law a temporary “stopgap” measure to keep renters that have been adversely impacted by COVID-19 housed and in order to allow the Legislature time through the end of January 2021 to develop a more permanent solution. The new law, Assembly Bill 3088 – the “Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020,” protects renters from eviction due to non-payment of rent during March 1, 2020 through August 31, 2020 if they meet certain conditions. This new law also protects renters for non-payment of rent during the period of September 1, 2020 through January 31, 2021 so long as they pay at least 25% of rent due during that 5-month period by January 31, 2021 and meet certain conditions. In general, the conditions generally include the tenant providing to a landlord a “Declaration of COVID-19 Related Financial Distress” signed under penalty of perjury.
Under Assembly Bill 3088, if a tenant has failed to pay any portion of rent due during and still owing for the period from March 1, 2020 through and including August 31, 2020, housing providers must provide a notice to the tenant, a “Notice of COVID-19 Relief Act of 2020” in order to later evict a tenant and / or to collect past due rent.
This “Notice of COVID-19 Relief Act of 2020” form is available in the Apartment Association of Greater Los Angeles website in the Forms Library under “K. A.B. 3088 Compliance“. To download the form, click on “K.1 – Notice of COVID-19 Relief Act of 2020” on the Rental Forms page here: www.aagla.org/rental-forms/.
It is suggested owners keep in their records a standard form “Proof of Service” as evidence of Providing this notice in addition to any other documentation (e.g., certified return receipt).
Please check back with us next week as we will be posting several new forms that will be REQUIRED to stay in compliance with Assembly Bill 3088. In addition to the forms, we will also be hosting an important FREE webinar (exclusive to AAGLA Members) about Assembly Bill 3088 next Thursday, September 10, 2020 at 1:00 p.m.. To register, please visit our Events Calendar or visit the webinar page here: www.aagla.org/AB3088Webinar.