What’s the Deal With Rule 1 & Evictions in CA?

California politicians want to pass the buck on COVID tenant protections, but if they fail to act, tenants will pay the price.

Tenants across CA have been hanging on by a thread since the beginning of the COVID-19 pandemic — and that thread has been Emergency Rule 1, which prohibits courts from issuing eviction summons. The Rule was adopted by a lesser known policymaking body, the Judicial Council, that oversees California’s court system. Without Rule 1, evictions would have skyrocketed, displacement and homelessness would have surged and infection rates would be worse than they are today. But now, the Judicial Council voted to LIFT Rule 1 on September 1 and put millions of tenants at imminent risk of eviction (including 365K LA County households) if something isn’t passed by the legislature before then. While the legislature and Governor fail to take action to extend protections themselves, we can anticipate a surge of evictions if Rule 1 is lifted.

If our electeds don’t take action, we must — and prepare to take to the streets if evictions resume.

In the meantime, we’re ramping up the pressure to keep Rule 1 and fight for AB 1436, the COVID-19 Eviction Prevention and Housing Stability Act. This bill would protect renters from being evicted because of their inability to pay rent due to COVID-related loss of income. Click here for more info on the bill, and check out our resources below to post to social media and contact key policymakers.

Online Actions

Targets

  • Judicial Council – (415) 865-4200, (415) 865-7651 (after hours number) @CalCourts
  • Governor Newsom’s switchboard has you on hold forever. BUT the Housing & Community Development Department has a Legislative Division, where we should leave a message for Gov. Newsom – (916) 263-6206 @GavinNewsom @CAgovernor
  • Hannah-Beth Jackson (SD 19) Santa Barbara, Oxnard, one of two state legislators who serves on the Judicial Council and Chair of the Senate Judiciary Committee, where AB 1436 will be heard – (805) 965-0862, (805) 988-1940 @SenHannahBeth
  • Richard Bloom, one of two state legislators who serves on the Judicial Council – @AsmRichardBloom

  • Toni Atkins (SD 39) San Diego, Senator Pro Tempore (head of the California Senate) – (619) 645-3133 @SenToniAtkins

  • Bob Hertzberg, Majority Leader (SD 18) San Fernando Valley – (818) 901-5588 @SenateHertzberg
  • Henry Stern (SD 27) San Fernando Valley – (818) 876-3352 @HenrySternCA
  • Tom Umberg (SD 34) Orange County – (714) 558-3785
  • Lena Gonzalez (SD 33) Long Beach & Southeast LA cities – (562) 256-7921, (323) 277-4560 @SenGonzalez_33
  • Anna Caballero (SD 12) Salinas, Merced – (831) 769-8040, (209) 726-5495 @CASenCaballero

Talking Points

  • The Judicial Council adopted Rule 1 at the beginning of the pandemic to protect renters from eviction until the state of emergency is lifted, but COVID-19 is still surging in California with 8,000 new cases and 100+ deaths per day.

  • Nearly 1 million renters in California have lost their jobs due to COVID-19, while the supplemental $600 a week in unemployment aid has now expired. Lifting protections now will result in thousands of households at risk of homelessness.
  • The Judicial Council wants to lift the rule on Sept 1 to force the legislature and the Governor to act, and if they don’t, tenants will pay the price — not our electeds who are bought by real estate interests. The rule must be kept unless comprehensive eviction protections are passed to replace it.
  • COVID-related job loss is disproportionately impacting Black and Brown workers, who already experience higher rates of housing insecurity. It’s estimated that 3/4 of the renter households impacted by the crisis include at least one person of color.
  • Evictions reinforce a racist justice system designed to protect private property above the human right to housing, as tenants are rarely represented by legal counsel and landlords almost always are. If the tenant loses, the process ends with the violent, forcible removal of the tenants by law enforcement.
  • Any gap in eviction protections is an opportunity for landlords and corporate real estate interests to seize rental housing at bargain prices and accelerate gentrification and displacement in our communities. The housing crisis was bad enough pre-COVID — now, we could see more evictions and even more losses of housing than the 2008-09 recession.

Sample captions (each Tweet length) — make them your own!

Everyone is talking about the ‘tidal wave’ of evictions we can expect if California lawmakers don’t pass serious tenant protections this month. Here’s the lowdown on what’s keeping renters in their homes right now, and why they might not be secure for much longer. #NoEvictions

Since April, evictions from COVID-related nonpayment have been frozen thanks to ‘Emergency Rule 1’ passed by a little-known governing body, the Judicial Council.

Now they are lifting this rule on Sept 1 — when COVID cases and unemployment are as high as ever. #NoEvictions

Homelessness was at an all time high even before COVID — and disproportionately impacting Black and Brown tenants. Mass evictions will only grow systemic inequality at a time when people are standing up for racial justice. #NoEvictions

In eviction cases, tenants are rarely represented by legal counsel and landlords almost always are. If the tenant loses, the process ends with the violent, forcible removal of the tenants by law enforcement. Evictions are police violence! #NoEvictions

Any gap in eviction protections created by removing Rule 1, is an opportunity for landlords and corporate real estate interests to seize rental housing at bargain prices and accelerate gentrification and displacement in our communities. Tenants’ lives are at stake. #NoEvictions

The deadline is now Sept 1 for state lawmakers to take action and protect tenants, as we lose our one life line, Rule 1 #NoEvictions

✅ The legislature must pass AB 1436 to buy us time to organize and fight evictions
…and if the Legislature fails to do so…
✅ KEEP RULE 1

Now is not the time to wait for the state to save us. They’re playing hot potato with our lives, passing blame to each other when they fail to act — and it’s WE THE RENTERS who pay the price. If they don’t act, WE WILL. #NoEvictions

Graphics

Twitter graphics below — recommend posting two per tweet, except the first and fourth images work better on their own. Best kept in one thread, too!

Instagram graphics below — designed to be shared as one gallery post in order

Call Script

For Electeds
Hello, my name is ____ and I live in _____. I’m calling to ask ______ to champion AB 1436 before Rule 1 is lifted on September 1, to make sure that renters can never be evicted for failure to pay rent during the pandemic. [INSERT PERSONAL STORY ABOUT HOW YOUR ABILITY TO PAY HAS BEEN IMPACTED, IF SO] Time is running out for you to take action. We can’t afford any gap in protections — even a single day of evictions will be catastrophic. Can we count on _____ to stand with the over 17 million renters in California and champion AB 1436?

For Judicial Council
Hello, my name is ____ and I live in _____. I’m calling to ask ______ to commit to keeping Rule 1 until equal protections are passed by the State Legislature, to make sure that renters can never be evicted for failure to pay rent during the pandemic. [INSERT PERSONAL STORY ABOUT HOW YOUR ABILITY TO PAY HAS BEEN IMPACTED, IF SO] We can’t afford any gap in protections — even a single day of evictions will be catastrophic. Can we count on _____ to stand with the over 17 million renters in California and commit to keeping Rule 1 until comprehensive eviction protections are passed to replace it?

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