Citing “numerous” reports of illegal evictions throughout the state, California Attorney Rob Bonta on Wednesday took steps to make sure law enforcement officers are working to prevent tenants from losing their homes without a valid court order.
Illegal or “self-help” evictions take many forms, including a landlord changing the locks on someone’s home without authorization, shutting off the water or electricity in an attempt to force a tenant out, or removing a renter’s personal property, Bonta said during a virtual media briefing. In an effort to stop those breaches of law, Bonta issued legal guidance that lays out a law enforcement officer’s responsibility to intervene.
The issue is part of California’s broader housing crisis, which has hit the expensive Bay Area particularly hard.
“California’s families are facing a housing affordability crisis at levels never seen before,” Bonta said. “We are facing an eviction crisis. About one in seven renters in California is behind in their rent, potentially facing eviction. This crisis looks like a single mom whose bout with COVID-19 left her unemployed. The crisis is a young professional whose employer again illegally sent their paycheck late. This crisis is an elderly couple on a fixed income relying on life-saving medication that just doubled in price.”
California’s last remaining statewide rules preventing evictions during the COVID-19 pandemic expired last month, freeing many landlords to remove tenants who are behind on rent or who have posed other problems. But landlords must go through the courts — a process that can take weeks or months — and wait for a judge to order the local sheriff’s office to remove a tenant.
All too often, local tenants’ rights activists say, landlords try to skirt the legal process and take matters into their own hands. Alliance of Californians for Community Empowerment is suing a Richmond landlord accused of illegally locking his tenant, Clara Luz Realageno, out of her studio apartment last year. Leah Simon-Weisberg, legal director for the alliance, said she saw a 500% increase in calls about illegal evictions during the pandemic. The surge has slowed down, but it’s still a major issue. Now, she gets calls from tenants throughout California at least once a month.
The issue has inspired some cities — including Concord, which passed its ordinance in June — to adopt new laws that explicitly prohibit landlords from harassing tenants. Tenants and activists in Antioch are trying to get the city council there to pass similar protections.
Ericka Mora, an Oakland renter, said she was the victim of an attempted illegal eviction when her landlord put chains on the door of her basement apartment last month, locking her out until she and her neighbors broke the chains. Mora said her landlord had given her verbal notice that she needed to vacate the apartment because it was going to be sold, but never took her to court or gave her any eviction paperwork. Earlier this week, she said, the landlord shut off her water.
“I want to move, but I don’t have money to move,” Mora said in Spanish. “I’m a single mother with two kids, and I can’t.”
Simon-Weisberg applauded the guidance Bonta issued Wednesday, calling it “really important.” Too often when law enforcement is called to the scene of an illegal eviction, they say it’s a civil matter and decline to get involved, she said. Or they will believe and side with the landlord.
“One of the issues has been, consistently, when these things happen, the police don’t seem to know they have a role,” she said, “so it’s great for them to create that clarity.”
Forcing a tenant out of their home illegally is a misdemeanor offense, Bonta said. In that situation, law enforcement officers should instruct the landlord to let the tenant back into their home, and tell the landlord to seek legal advice to obtain a court-ordered eviction. Officers should write a report about the incident, even if they do not make an arrest.
The Alameda County Sheriff’s Office concurs with Bonta’s guidance, said Lt. Ray Kelly, public information officer.
“We already do what he has prescribed,” Kelly said in an email. “We will continue to educate landlords and tenants.”
The Santa Clara County Sheriff’s Office, Oakland Police Department and San Jose Police Department did not immediately respond to questions.
Bonta wouldn’t say how many calls his office has received about illegal evictions, but he said the number is “significant.”
“(It is) enough of a concern across the state that we felt it was important to remind law enforcement of their responsibilities under the law,” he said. “While landlords may be frustrated, they do have a responsibility to do things the right way if eviction is a necessary step.”
To report illegal landlord activity to the state’s Housing Strike Force, email housing@doj.ca.gov. To find a free, local attorney, visit lawhelpca.org.
