How To See If Someone Has Been Evicted

How To See If Someone Has Been Evicted – Jamie Burson sits on the bed of his motel room in Fairfield on Aug. 4, 2020. Berson, who has been living between his car and the motel since he was evicted in April, said he felt unsafe at the motel and planned to move back in later. Photo: Ann Wernikoff for the day.

Hundreds of people are being forced from their homes because of a loophole in the state’s shelter eviction order. Without express direction from the state, the sheriff decides whether to evict the wards.

How To See If Someone Has Been Evicted

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Like any parent, Jamie Berson doesn’t want his 11-year-old son to discover how scared he is of the new coronavirus. But it’s hard to hide the anxiety when you’re living together in the same car and sleeping

After Berson was evicted from her two-bedroom apartment in Vacaville in the second week of April, she complied with Gov. Gavin Newsom’s order to cooperate in a two-door sedan near her work at Walmart. With the school campus closed, her son propped his school-provided laptop against the Globebox and attended classes in the passenger seat, where he slept.

It helped that he was sometimes able to spend the night with a relative or friend, though Berson was hesitant to sleep there alone, in part for fear of spreading the virus among friends and family.

“I was appalled at how many people die every day,” said Berson, who was evicted for rent in late February. “I felt that this man was dying. I have never survived any disease that takes people out of it. “

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More than 1,600 California families like Burson’s have been evicted since Newsom declared a statewide state of emergency on March 4, according to public records requests from more than 40 California sheriff’s departments. Following the March 19 shelter-in-place order, about a third of those homes were evacuated, and more than 400 Newsoms issued a March 27 “march to evacuate.”

The 1,600 evictions is a significant estimate of the number of tenants forced from their homes since the outbreak, as both court-sanctioned and informal evictions are often not on sheriff’s foreclosure lists. Additionally, sheriff’s departments in 14 counties did not respond to data requests; More than 14 million Californians live in these counties, including Los Angeles County with a population of 10 million.

Newsom’s move — criticized by tenant groups as reckless and inappropriate — focused on delaying eviction cases until May 31 due to financial difficulties caused by the pandemic. Almost all evictions in California have stopped legal proceedings

But neither Newsom’s executive order nor the judicial council’s rule addressed a key subset of eviction cases: tenants like Berson, who had already lost in court, failed to pay rent in February or March and were just waiting for a sheriff’s deputy to evict them. Even the federal eviction moratorium has not stopped the evictions

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As state lawmakers scramble to find a solution to a “wave of evictions” set to begin in a month, tenant groups and public health experts warn that the public housing gap puts renters at risk when they move into homeless or unsafe spaces. Too crowded

Last week, the Los Angeles County Sheriff’s Department began carrying out a backlog of nearly 1,000 planned arrests as the county was placed on a state watch list due to a surge in coronavirus cases. While conducting evictions over the past few months, San Bernardino County sheriff’s deputies encountered two isolated families whose tenants were quarantined due to COVID-19, a sheriff’s spokesman said. These families were allowed to finish their canteens before being evicted.

“(These evictions) could have been prevented and it’s heartbreaking to hear that so many people are being evicted when we have these shelter orders in place,” said Madeleine Howard, senior attorney with the Western Center Legal Department.

Berson is currently staying in a one-bedroom motel room in Fairfield provided by the Solano County Temporary Homeless Program. Not sure where he will be after the program ends this week

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Jamie Berson sits on the bed of his motel room in Fairfield on Aug. 4, 2020. Berson, who has been homeless since being evicted in April, said he spends time in his room with the curtains drawn. Photo by Ann Wernikoff for

He was evicted in late February for nonpayment of rent, lost his eviction lawsuit when he said he didn’t understand how to respond within the five-day deadline required by law, and was given until early April to vacate the property. He thought law enforcement was going to lock him up.

Although he understands that it was the owner’s right to evict him, he wonders why the eviction was not postponed.

“Why don’t you keep the dots, dots?” said Berson, who has lived in the Vacaville apartment for more than a year.

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

After learning Berson was no longer living in the apartment, Todd Rothbird, the landlord’s attorney representing ROEM in the eviction lawsuit, said his firm would no longer pursue a legal motion Berson filed to remove the eviction from his records. Evictions remain on the tenant’s record for seven years, and the tenant may find it difficult to find another place to live.

But while Rothbard sympathizes with some of the tenants, he opposes the idea that Berson shouldn’t be evicted in the first place.

“Life can be hard,” Rothbard said. “It’s great to see how much help people need when society is able to provide help. But it’s a little unfair to say to a business owner, ‘Hey, now it’s your duty to support this person.’ Because it isn’t. “

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Rothbard also argued that Newsom and the Judicial Council overstepped their constitutional authority with their mandated protections. An order to sheriffs not to impose an eviction block will be challenged in court

Some constitutional law experts say it’s unclear what is Newsom’s authority to “enforce judgments” in eviction cases and what is legal — to court order the sheriff’s department to implement a blockade. The division of power between the judicial and executive branches of government complicates his authority

While the governor has broad powers under the Emergency Services Act to respond to the pandemic, ordering county sheriffs to defy court orders or slow down is outside the governor’s emergency powers, said Stephen DuVernay, a senior California researcher at UC Berkeley. Constitutional Center

Victims’ advocates, who argue that Newsom has significant powers during a state of emergency, disagree — urging the governor to hire her in early March after the first reports of hospitalizations and deaths.

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It is clear that there is a wide range of powers to deal with emergency situations, we have never had such an emergency in our life.

California Disability Rights Litigation Counsel Navneet Grewell said there are no legal restrictions on Newsom ordering the sheriff for cases that predated the pandemic. Newsom included such a provision in one of his executive orders, though it only applied to cases where tenants could demonstrate financial hardship due to the virus.

“I think part of the unique thing here is that there’s no precedent for the situation we’re in,” Grewal said. “Obviously there are very broad powers to deal with emergencies; There has never been such an extraordinary event in our life. “

Becerra’s press office said in an emailed statement that “reports of ongoing evictions across the country and in the midst of a public health crisis are deeply troubling.” Our office does not have the authority to order sheriffs to refuse to comply with legal orders issued by courts handling eviction cases. “

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“I think the attorney general has some priorities that are focused on dealing with the Trump administration, which is obviously very important,” Howard said. “But some of these important issues are not resolved,” he said.

On the morning of March 19, Sergeant Lydia Montoya anxiously awaited the governor’s announcement. He heard a report that an asylum order was coming

The civilian unit overseen by the Kings County Sheriff’s Department had already carried out three evictions the previous day, which they believed they were legally required to do. But Montoya and other department officials are concerned about the health risks — to the community and deputies — of pushing renters onto the streets.

“Evicting people, finding them rent or WhatsApp or making them homeless is not okay.

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