Memo

To: Ron Stormoen

From: Jennifer Stormoen
Date: June 22, 2023
Re: Evictions
                                                                                                                                                          

Question: What is the penalty for violating the Governor’s eviction moratorium and taking steps
to evict?

Short answer: The CARES Act protects a tenant from eviction. A tenant might file a complaint
against the landlord, if the landlord is a “debt collector” under FDCPA, for violating the Fair
Debt Protections Collection Act (FDCPA), 15 U.S.C. § 1692, et. seq. A tenant may also file a
complaint against a landlord for harassment.

Discussion: The CARES Act section 4024(b) states that it:

“prohibits landlords of certain rental “covered dwellings” from initiating eviction

proceedings or “charg[ing] fees, penalties, or other charges” against a tenant for the
nonpayment of rent. These protections extend for 120 days from enactment
§ 4024(c)(2): “bars those landlords from issuing a notice to vacate during the 120- day
period.” https://crsreports.congress.gov/product/pdf/IN/IN11320

The Fair Debt Protections Collection Act (FDCPA), 15 U.S.C. § 1692, et. seq., prohibits
companies from using abusive, unfair or deceptive practices to collect debts. Some landlord’s
fall into the “debt collector” category in § 803(6):

“The term "debt collector" means any person who uses any instrumentality of interstate
commerce or the mails in any business the principal purpose of which is the collection of
any debts, or who regularly collects or attempts to collect, directly or indirectly, debts
owed or due or asserted to be owed or due another. Notwithstanding the exclusion
provided by clause (F) of the last sentence of this paragraph, the term includes any
creditor who, in the process of collecting his own debts, uses any name other than his
own which would indicate that a third person is collecting or attempting to collect such
debts. For the purpose of section 1692f(6) of this title, such term also includes any person
who uses any instrumentality of interstate commerce or the mails in any business the
principal purpose of which is the enforcement of security interests.”

§ 806. Harassment or abuse, states:

“A debt collector may not engage in any conduct the natural consequence of which is to
harass, oppress, or abuse any person in connection with the collection of a debt. Without
 limiting the general application of the foregoing, the following conduct is a violation of
this section:

(1) The use or threat of use of violence or other criminal means to harm the physical
person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which
is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a
consumer reporting agency or to persons meeting the requirements of section 1681a(f) or
1681b(3)1 of this title.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation

repeatedly or continuously with intent to annoy, abuse, or harass any person at the called
number.

(6) Except as provided in section 1692b of this title, the placement of telephone calls
without meaningful disclosure of the caller's identity
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-
debt-collection-practices-act-text

Resource for tenants: tenantstogether.com offers resources to tenants in case a landlord tries to
evict them during the pandemic, and cites to California Civil Code §§ 1940.2(a)(1)-(5):

“It is unlawful for a landlord to do any of the following for the purpose of influencing a
tenant to vacate a dwelling:

(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.

(2) Engage in conduct that violates Section 518 of the Penal Code.

(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a
course of conduct that interferes with the tenant’s quiet enjoyment of the premises in
violation of Section 1927 that would create an apprehension of harm in a reasonable
person. Nothing in this paragraph requires a tenant to be actually or constructively
evicted in order to obtain relief.

(4) Commit a significant and intentional violation of Section 1954.

(5) Threaten to disclose information regarding or relating to the immigration or
citizenship status of a tenant, occupant, or other person known to the landlord to be
associated with a tenant or occupant. This paragraph does not require a tenant to be
actually or constructively evicted in order to obtain relief.