HomeMy WebLinkAboutHousing Equality & Advocacy Resource Team June 23, 2020
VIA EMAIL
City of Tustin
300 Centennial Way
Tustin, CA 92780
Email: cityclerk@tustinca.org
Dear Councilmembers:
The undersigned legal services organizations write to urge you to protect your most vulnerable residents and
request that the County Board of Supervisors ask the Orange County Sheriff's Department suspend the pending
185 evictions that were set to start June 1, 2020 for the duration of the State of Emergency relating to COVID-19
and an additional thirty days following the termination of the State of Emergency. California remains in a state
of emergency due to the COVID-19 pandemic, and the number have grown substantially, with more than two
million cases nationwide.The County of Orange recently reported approximately 10,595 cumulative cases of
COVID-19, 175 active cases, and 269 deaths from COVID-19.1 Despite efforts to reopen and relax rules governing
the face coverings in public, the increase in cases and deaths, should cause the City of Tustin pause, especially in
light of those who are amid eviction and at risk of homelessness.The City must not countenance a result.
Our organization provides critical legal services to low-income communities,which includes, but is not limited
to,tenant counseling and eviction defense and we each advocate for the rights of low-income tenants. We serve
clients and communities to ensure equal access to the justice system for people who could not otherwise afford
attorneys.
In previous correspondence with the Board of Supervisors,we explained that suspending the enforcement of
eviction orders is not only critical for protecting public health, but that it is within the powers of the Board of
Supervisors to do so.Z Suspending the enforcement of eviction orders will ensure that families do not become
homeless when they are legally required to shelter in place and will reduce the risk of exposure for your
deputies. In Orange County, there are already close to 7,000 unsheltered individuals.3
On April 6, 2020, the Judicial Council adopted a rule that effectively stays all eviction proceedings and judicial
foreclosure proceedings throughout the State of California and continues all eviction trials, for a period
extending after the end of the State of Emergency.The rule applies regardless of the reason for the eviction. On
'See O.C. COVID-19 Orange County Case Counts, available at https:Hoccovidl9.ochealthinfo.com/coronavirus-in-oc
(current data posted as of June 22,2020).
2 CA Gov. Code §25303 ("The Board of Supervisors is responsible for supervising `the official conduct of all county
officers, and officers of all districts and other subdivisions of the County..."').See also Brewster v.Shasta Cty.,275 F.3d
803, 809-10(9th Cir.2001)(establishing an affirmative duty of the Board of Supervisors to supervise the conduct of all
county official including the sheriff so long as the supervision does not interfere with the investigation of a crime.)
3 Latest Point in Time Count Finds Almost 7000 Homeless People in Orange County, available at
https.11www.l atimes.comisocal/d oil y-pilot/newsltn-d pt-me-pit-coun t-resul ts-20190424-story.h tml
June 10, 2020, the Chief Justice of the California Supreme Court suspended a planned vote to repeal the
emergency rule after August 3, 2020.4 Accordingly, the emergency rules related to evictions and judicial
foreclosures are still in effect.
The Judicial Council's emergency rules and the heightening public crisis arising out of the COVID-19 pandemic
protect Californians from eviction for newly filed and pending actions, but leaves unresolved the status of
people against whom a court had already issued an eviction order.The fate of these households is in your
hands, and they are just as in need of protection from the public health crisis as the households who will be
protected by the Judicial Council's rule.
Accordingly, we urgently request that you agree to suspend enforcement of any and all pending eviction orders,
unless they are directly related to a protective order (e.g., a TRO issued by a court related to domestic violence
and/or elder dependent abuse), during the State of Emergency and at least ninety days thereafter.
We ask that you please inform us by date/time of your position, by emailing or calling Ugochi Anaebere-
Nicholson, at unicholson@publiclawcenter.org, or at 714-541-1010 x 280, Dianne Prado, at dianne@heartla.org
or at 323-643-4430, or Kate Marr, at kmarr@clsocal.org or at 714-571-5218.
Sincerely,
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Ugochi Anaebere-Nicholson
Directing Attorney, Housing and Homelessness Prevention Unit
Public Law Center
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Dianne Prado
Executive Director
Housing Equality&Advocacy Resource Team
Kate Marr
Executive Director
Community Legal Aid SoCal
4 Chief Justice Suspends Vote on Eviction,Foreclosure Emergency Rules,available at
https://newsroom.courts.ca.gov/news/chief-justice-suspends-vote-on-eviction-foreclosure-emergency-rules(last visited
June 12,2020.)