San Francisco, CA – Sept. 3, 2020     Bay Area universities and homeless advocates released a report on Thursday revealing the various barriers homeless San Franciscans face when accessing housing…..  The report’s authors, the Coalition on Homelessness and researchers with the University of California at Berkeley, San Francisco State University and Santa Clara University surveyed 600 temporarily housed San Franciscans, with a focus on transgender people …..  Participants revealed inequities that homeless transgender people face to obtain housing, poor shelter conditions, crowded living spaces and strict curfews, created even more barriers to housing. Fifty-eight percent of participants said they would prefer a legal homeless camp with basic amenities like showers and toilets while 34 percent reported having substance abuse issues…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER     …..     …..
Stanton, CA – Sept. 3, 2020     The County of Orange and Jamboree Housing Corporation submitted three applications as co-applicants and in partnership with the City of Stanton under the State Homekey program, all located in the City of Stanton, for a total request of $28.1 million in funding…..   The County recently received word that the State reserved funding for both The Tahiti Motel and Stanton Inn and Suites applications….. Two of the motels identified for funds in the City of Stanton include The Stanton Inn and Suites, on Katella Avenue and the Tahiti Motel, on Beach Boulevard. A third motel is in negotiation with the motel owner, they say. By the end of the project, 132 new affordable homes will be available for those experiencing homelessness.   Although this does not yet represent an award from the State, it is one step closer to securing funding to make the Homekey program work…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER…..     …..     …..  
Paso Robles, CA – Sept. 2, 2020      The temporary camping facility for homeless residents has been operational at the Borkey Flats site for a few weeks. The site has restrooms, showers, and a safe needle exchange program, and a safe parking area….. The City’s Community Action Team (CAT) has been visiting homeless encampments in the riverbed. They have visited 15-20 camps and informed individuals of the new camping site and of the city’s intent to clean up the riverbed to mitigate fire risk and protect water quality…… To date, three encampments have been cleaned up of all debris and waste products. The camping site has not seen high levels of utilization to date, but the city has seen a drop in fire activity since the CAT team has been active and cleanup has begun….. The city will need to move the Borkey Flats encampment in the winter given that it is in the flood plain, and continues to work with homeless service provider partners to identify long-term solutions…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER    …..     …..
Oxnard, CA – Sept. 3, 2020     The Vagabond Inn in Oxnard could soon transition from an affordable hotel option to permanent supportive housing for 70 of the county’s homeless residents, thanks to a state funding effort that aims to house California’s most vulnerable homeless individuals….. The Vagabond Inn is under consideration for funding under Project Homekey, the next phase in the state’s efforts to protect homeless residents who are high-risk for COVID-19. In July, Gov. Gavin Newsom announced $600 million in funding for cities and counties to convert motels, hotels and other housing types into permanent housing…..  “This is an opportunity that allows us to both respond to COVID-19 and respond to homelessness and the long-term need to provide housing,” said Oxnard Housing Director Emilio Ramirez…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER     …..     …..
Sacramento, CA – Sept. 3, 2020     Gov. Newsom said Wednesday that California is making an “unprecedented” effort to address homelessness, two days after lawmakers failed to pass a bill to massively increase housing production….. The governor said the state has placed more than 22,000 homeless Californians in 16,400 hotel and motel rooms amid the pandemic, and is giving cities and counties $600 million to purchase the rooms and convert them into permanent housing….. Local governments also got another $628 million in emergency homelessness aid….. “It’s self-evident that this has to be our top priority and it is,” said Newsom……   A bill heading to Newsom’s desk would create a state Office to End Homelessness, led by a new “homelessness czar.” But the governor said Wednesday he already has a homelessness czar — a seemingly fluid title, given that he’s used it to refer to six people in the past two years, including himself……      HOMELESS PERSPECTIVE CALIFORNIA TICKER…..     …..
San Francisco, CA – Sept. 3, 2020     Bay Area universities and homeless advocates released a report on Thursday revealing the various barriers homeless San Franciscans face when accessing housing…..  The report’s authors, the Coalition on Homelessness and researchers with the University of California at Berkeley, San Francisco State University and Santa Clara University surveyed 600 temporarily housed San Franciscans, with a focus on transgender people …..  Participants revealed inequities that homeless transgender people face to obtain housing, poor shelter conditions, crowded living spaces and strict curfews, created even more barriers to housing. Fifty-eight percent of participants said they would prefer a legal homeless camp with basic amenities like showers and toilets while 34 percent reported having substance abuse issues…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER     …..     …..
Sacramento, CA – Sept. 3, 2020     Gov. Newsom said Wednesday that California is making an “unprecedented” effort to address homelessness, two days after lawmakers failed to pass a bill to massively increase housing production….. The governor said the state has placed more than 22,000 homeless Californians in 16,400 hotel and motel rooms amid the pandemic, and is giving cities and counties $600 million to purchase the rooms and convert them into permanent housing….. Local governments also got another $628 million in emergency homelessness aid….. “It’s self-evident that this has to be our top priority and it is,” said Newsom……   A bill heading to Newsom’s desk would create a state Office to End Homelessness, led by a new “homelessness czar.” But the governor said Wednesday he already has a homelessness czar — a seemingly fluid title, given that he’s used it to refer to six people in the past two years, including himself……      HOMELESS PERSPECTIVE CALIFORNIA TICKER…..     …..
Oxnard, CA – Sept. 3, 2020     The Vagabond Inn in Oxnard could soon transition from an affordable hotel option to permanent supportive housing for 70 of the county’s homeless residents, thanks to a state funding effort that aims to house California’s most vulnerable homeless individuals….. The Vagabond Inn is under consideration for funding under Project Homekey, the next phase in the state’s efforts to protect homeless residents who are high-risk for COVID-19. In July, Gov. Gavin Newsom announced $600 million in funding for cities and counties to convert motels, hotels and other housing types into permanent housing…..  “This is an opportunity that allows us to both respond to COVID-19 and respond to homelessness and the long-term need to provide housing,” said Oxnard Housing Director Emilio Ramirez…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER     …..     …..
Stanton, CA – Sept. 3, 2020     The County of Orange and Jamboree Housing Corporation submitted three applications as co-applicants and in partnership with the City of Stanton under the State Homekey program, all located in the City of Stanton, for a total request of $28.1 million in funding…..   The County recently received word that the State reserved funding for both The Tahiti Motel and Stanton Inn and Suites applications….. Two of the motels identified for funds in the City of Stanton include The Stanton Inn and Suites, on Katella Avenue and the Tahiti Motel, on Beach Boulevard. A third motel is in negotiation with the motel owner, they say. By the end of the project, 132 new affordable homes will be available for those experiencing homelessness.   Although this does not yet represent an award from the State, it is one step closer to securing funding to make the Homekey program work…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER…..     …..     …..  
Paso Robles, CA – Sept. 2, 2020      The temporary camping facility for homeless residents has been operational at the Borkey Flats site for a few weeks. The site has restrooms, showers, and a safe needle exchange program, and a safe parking area….. The City’s Community Action Team (CAT) has been visiting homeless encampments in the riverbed. They have visited 15-20 camps and informed individuals of the new camping site and of the city’s intent to clean up the riverbed to mitigate fire risk and protect water quality…… To date, three encampments have been cleaned up of all debris and waste products. The camping site has not seen high levels of utilization to date, but the city has seen a drop in fire activity since the CAT team has been active and cleanup has begun….. The city will need to move the Borkey Flats encampment in the winter given that it is in the flood plain, and continues to work with homeless service provider partners to identify long-term solutions…..     HOMELESS PERSPECTIVE CALIFORNIA TICKER    …..     …..

Exclusive: More Than 1,600 Californians Have Been Evicted During Pandemic

A loophole in the state eviction moratorium forces hundreds from their homes after shelter-in-place orders.

Burson, who has been living between her car and motels since being evicted in April, said she feels unsafe at the motel and planned to move again later later that day. Credit: Photo by Anne Wernikoff for CalMatters

By: Matt Levin, Niguel Duara and Erica Yee
August 11, 2020 —

Like any parent, Jamie Burson didn’t want her 11-year-old son to discover how frightened she really was about the novel coronavirus. But it’s hard to mask anxiety when you’re living and sleeping together in the same car. 

After Burson was evicted from her two bedroom apartment in Vacaville the second week of April, she heeded Gov. Gavin Newsom’s order to shelter in place by cooping up in a two-door sedan near her Walmart job. With school campuses shuttered, her son propped his school-issued laptop on top of the glovebox and attended class in the same passenger seat he slept in.

It helped that he could occasionally spend a night at a relative’s or friend’s house, although Burson hesitated to ask to sleep there herself, partly out of fear of spreading the virus to friends and family.

“I was scared because of how many people were dying on a daily basis,” said Burson, who was evicted for a late February rent payment. “Made me feel like mankind was going to go extinct. I’ve never lived to see any type of disease take people out the way this one has.” 

More than 1,600 California households like Burson’s have been evicted since Newsom declared a statewide state of emergency March 4, according to data CalMatters obtained via public record requests from more than 40 California sheriffs’ departments. Nearly a third of those evictions took place after Newsom’s March 19 shelter-in-place order, and more than 400 since Newsom issued a self-described March 27 “eviction moratorium.” 

The 1,600 evictions are likely a significant undercount of how many renters have been forced to leave their homes since the pandemic struck, as both court-sanctioned and informal evictions often do not show up on the sheriffs’ lockout lists obtained by CalMatters. Additionally, sheriffs’ departments in 14 counties did not respond to data requests; more than 14 million Californians live in those counties, including Los Angeles County with 10 million residents.

Pandemic evictions

Since Gov. Gavin Newsom declared a state of emergency on March 4th, there have been at least 1,609 evictions across the state, including 501 after the shelter-in-place order on March 19th, according to documents obtained from county sheriffs. Out of all 58 counties CalMatters requested data from, 44 provided documents and data, which includes around 63% of the state population.

Each house below represents an eviction that occurred since Newsom declared a state of emergency. Evictions often involved multiple people at a residence.

Newsom’s moratorium — which tenant groups criticized as belated and inadequate — focused on delaying eviction cases related to financial hardship from the pandemic until May 31. An April 6 emergency rule passed by the Judicial Council, the governing body for the state court system, went further, halting nearly all eviction court proceedings in California. 

But neither Newsom’s executive orders nor the Judicial Council rule addressed a major subset of eviction cases: tenants like Burson who already lost in court, often for missed rent payments in February or March, and were simply waiting on sheriffs’ deputies to lock them out. Federal eviction moratoria also did not stop these evictions. 

But neither Newsom’s executive orders nor the Judicial Council rule addressed a major subset of eviction cases: tenants like Burson who already lost in court, often for missed rent payments in February or March, and were simply waiting on sheriffs’ deputies to lock them out. Federal eviction moratoria also did not stop these evictions. 

As state lawmakers scramble to find a solution for a looming “eviction wave” when courts reopen as early as this month, tenant groups and public health experts warn that the loophole in state protections continues to endanger renters who may become homeless or move into unsafe and overcrowded housing. 

Just last week, the Los Angeles County Sheriff’s Department resumed serving its backlog of nearly 1,000 scheduled eviction lockouts, even as the county remains on a state watchlist for surging coronavirus cases. When performing eviction lockouts in the past few months, San Bernardino County sheriff’s deputies encountered two separate households where tenants claimed they were quarantining because of COVID-19, according to a sheriff’s spokesperson. Those households were allowed to complete their quarantine before being evicted. 

“(These evictions) could have been prevented, and it really is distressing to hear that this many people have been evicted when we have these shelter-in-place orders,” said Madeline Howard, senior staff attorney at the Western Center on Law and Poverty, which has lobbied for tighter eviction protections during the pandemic.

Unclear authority

Burson now stays in a one-bedroom motel room in Fairfield, paid for by a temporary Solano County homelessness program. She’s unsure where she’ll live once the program ends this week.

She was evicted because of a late February rent payment, lost the eviction lawsuit by default when she says she misunderstood how to respond within the legally required five-day window, and was given until early April to vacate the property. She left before she thought law enforcement was scheduled to lock her out.

While she understands that it was technically within her landlord’s right to kick her out, she wonders why the eviction wasn’t postponed. 


Burson, who has been homeless since being evicted in April, says she spends all of her time in her room with the curtains closed. Credit: Photo by Anne Wernikoff for CalMatters

“Why wasn’t everything set aside, period?” said Burson, who had been living in the Vacaville apartment more than a year.

ROEM Development Corporation, owner of the apartment complex from which Burson was evicted, and FPI Management, the building’s property management company, did not respond to requests for comment. 

Upon being informed by CalMatters that Burson was no longer occupying the apartment, Todd Rothbard, the landlord attorney who represented ROEM in the eviction lawsuit, said his firm would consider no longer contesting a legal motion Burson had filed to remove the eviction from her record. Evictions stay on tenant records for seven years, and can make it very difficult for renters to find another place to live. 

But although Rothbard sympathizes with some tenants, he pushed back on the notion that Burson should not have been evicted in the first place. 

“Life can be hard,” Rothbard said. “To the extent people need help, it’s nice to see when society is able to provide help. But it is somewhat unfair to say to a landlord who is in business ‘Hey, it’s now your obligation to support this person.’  Because it’s not.” 

Rothbard also said Newsom and the Judicial Council have already overstepped their constitutional powers by the eviction protections they’ve mandated. Instructing sheriffs to not perform eviction lockouts would likely be challenged in court. 

Some constitutional law experts say it’s at best unclear what is and isn’t within Newsom’s power when it comes to “enforcing writs” in eviction cases — legalese for court orders to sheriffs’ departments to perform lockouts. Separation of powers between the court system and the executive branch complicate his authority. 

“While a governor possesses broad authority under the Emergency Services Act to respond to the pandemic, directing county sheriffs to disobey or slow-walk lawful court orders is beyond a governor’s emergency powers,” said Stephen Duvernay, a senior research fellow at UC Berkeley’s California Constitution Center.

But pro-tenant attorneys disagree, arguing Newsom has remarkable powers during public emergencies — powers they urged the governor to deploy in early March as the first reports of hospitalizations and deaths mounted.

Navneet Grewal, litigation counsel for Disability Rights California, said that there was nothing legally restraining Newsom from ordering sheriffs to stop performing evictions for cases that pre-dated the pandemic. Newsom had included such a provision in one of his executive orders, although it only applied to cases where tenants could demonstrate financial hardship because of the virus.

“I think part of the unique thing here really is that there is no precedent of the situation that we’re in,” Grewal said. “There’s clearly a lot of broad powers to deal with emergencies; we just haven’t had an emergency like this in our lifetime.”

The Newsom administration declined multiple requests for comment. 

Tenant groups also approached Attorney General Xavier Becerra to intervene.

“The reports of ongoing evictions in communities across the state and in the midst of the public health crisis are profoundly troubling,” Becerra’s press office said in an emailed statement. “Our office does not have the authority to direct Sheriffs to refuse to comply with lawful orders issued by Courts hearing eviction cases.” 

But pro-tenant lawyers say Becerra is constitutionally empowered to oversee how local law enforcement executes court orders. 

“I think the attorney general seems to have some priorities that are focused on dealing with the Trump administration, which are obviously very important,” Howard said. “But some of these very important issues are not getting addressed.”

Sheriff choices

On the morning of March 19, Sgt. Lydia Montoya anxiously awaited an announcement from the governor. She had heard news reports that a shelter-in-place order was coming. 

The civil unit she oversees at the Kings County Sheriff’s Department had performed three evictions already that day, which they believed they were legally obligated to carry out. But Montoya and other officers in the department harbored concerns about the potential health risks — to the community and the deputies themselves — of pushing renters onto the street. 

When Newsom issued the shelter-in-place order that afternoon, Montoya believed she had the legal justification she needed to stop evicting people. Conferring with a county attorney and the publicly elected sheriff, the department decided to stop performing eviction lockouts except in emergency cases that threatened public health and safety. Six evictions on their calendar have been indefinitely postponed. If the shelter-in-place order had come a day earlier, so would the three performed the morning of the 19th.  

“The (shelter-in-place) order implies that it is a public safety issue to have people out and about,” said Montoya, who also supplied her deputies with handmade masks before her department acquired personal protective equipment. “And certainly evicting people, them out and about looking for rentals or whatnot, or making them homeless, is not in line with his shelter-in-place order.” 

But not every California sheriff’s department shared Kings County’s interpretation of the governor’s executive order. Without clear guidance from the state, individual sheriffs’ departments were left to choose whether to continue with evictions already on their lockout calendars. 

Many did just that. According to data obtained by CalMatters, three counties in the Inland Empire and Central Valley led the pack: San Bernardino, with 135 evictions since shelter-in-place; Riverside, with 93; and Kern County, with 68. 

“It was a combination of considerations looking at both sides, obviously with the stay-at-home orders as well as the other side of the actual landlords and the people that own the property and their ability to make rent, pay bills and things like that,” said Adam Plugge, a commander at the Kern County Sheriff’s Office that oversees its eviction unit.

After Kern County sheriff’s deputies paused lockouts in late March, Plugge said his department fielded phone calls and emails from frustrated landlords and attorneys, including those referred his way from local elected officials. The lockouts resumed in April. 

Plugge said that an explicit directive from the state would have avoided considerable confusion.

“It would have made decisions a lot easier to decide whether or not something could be done, and I think it would have been clearer for the public as well going forward in any shape, fashion or form,” Plugge said.

Evicting without masks

On July 1, deputies from the Humboldt County Sheriff’s Department showed up at 7886 Myrtle Avenue in Eureka to tell Ernie Bull and Mary Wildman the two had to leave.

Bull, 59, had lost a dispute with his step-brother about who should inherit the property he had been living at with his late father and step-mother. Bull said he missed a key court date because he accidentally dialed into the wrong Zoom number for a remote court hearing. Humboldt County Superior Court stopped in-person hearings because of coronavirus.

Bull and Wildman were evicted from their home in July despite a moratorium on eviction lawsuits in California during the coronavirus crisis. They have now been homeless for over a month. Photo by Alexandra Hootnick for CalMatters

A group of Wildman’s friends were there to help them with the move. While some of their friends wore masks, Bull and Wildman didn’t — and neither did the sheriff’s deputies who came to evict them. 

“If we can socially distance six feet away, then we’re not going to wear a mask,” said Lt. Mike Fridley, who oversees the department’s eviction unit. 

While he couldn’t speak to the specifics of Bull and Wildman’s eviction, Fridley said that his deputies carry masks with them, and can put them on at their own discretion. Wearing masks makes it difficult for the deputies to use their radios, he said.

Like most sheriffs’ departments, Humboldt County deputies typically perform multiple lockouts on the same day at different addresses. On the day they evicted Bull and Wildman, three other addresses were scheduled for lockouts, according to sheriff’s department documents. 

Asked if he believed there was a health risk in performing multiple evictions on the same day, Fridley said “I wouldn’t see any more risk than five people going to the cashier’s line in Costco.” 

Dr. Margot Kushel, director at the UCSF Center for Vulnerable Populations, said she knows of no documented case of sheriffs’ deputies spreading coronavirus through eviction lockouts. But she does fear a “nightmare scenario.” 

“If you had a situation where there was a group of deputies going into different people’s households in a highly charged atmosphere, where people might be upset and might be yelling, I think you could potentially have risks for both the deputies going in and for the households being evicted,” Kushel said. 

Other sheriffs’ departments interviewed for this story say they require deputies to wear protective gear while performing lockouts. 

Neither Bull nor Wildman — who has kidney problems — have shown symptoms of the coronavirus since the eviction. Wildman has been staying at a friend’s place, while Bull has slept outside. 

“I want to stay away from people. I’m scared,” said Bull. “I gotta admit, I’m scared.”

This article courtesy of CalMatters


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