Click here for a Quick Guide of Industry Guidelines for Open Houses and Showing Rules.

• Open Houses: Advertising open houses, without qualifiers, is allowed and appointments for open houses are no longer required.
• Social Distancing: Showings, including open houses, are somewhat relaxed under the new social gatherings guidelines but still include social distancing between members of different households while attending an open house, and are subject to capacity issues depending on the tier of the county where the house is located. Please refer to local guidelines for this information.
• Signing In: There will still be a sign-in requirement on site. The new Property Sign-In (PSI) form can be used for this purpose. However, you can still use a PEAD instead of the on-site sign-in if you prefer. See the new Quick Guide for more details.
• Forms: C.A.R. has simplified and shortened the Rules of Entry (PRE), Prevention Plan (BPPP), and the Property Sign-in (PSI) form as an alternative to PEADS. There also is an addendum to the listing agreement LOHA reflecting the changed protocols. This form is necessary if the parties had previously signed the RLA-CAA, which did not allow for open houses. New listings should also include this addendum if the listing broker wants to hold open houses.
• PEADS: The PEADS have been combined and simplified into one shorter PEAD-ALL form that is available if members prefer to use it instead of on-site sign-in protocols.

The newly revised forms PRE, BPPP, PEAD, as well as the new Property Sign-in PSI form and new Listing Addendum LOHA form are now available on zipForm.

    C.A.R. Quick Guide of Industry Guidelines for Open Houses and Showing Rules >

Effective May 3, 2021, the CFPB rule requires attorneys and agents of landlords or owners of residential property (“debt collectors”) to provide written notice to tenants of their rights under the federal Center for Disease Control (CDC) eviction moratorium.

Previously, no notice of the CDC eviction moratorium was required to be given to a tenant. Now, in certain circumstances, it is.

The name of the new form is “CFPB Disclosure of Potential Eviction Protections” (Form CFPB) and is bundled with the following C.A.R. forms:

PRQ-CPP-2
PRQ-TP-2
PMC-CPP-2
PMC-TP-2
NTT-CTRA

Anytime any of these forms are used, the new CFPB form will automatically be included.

Under the CFPB rule, attorneys and agents, seeking to evict tenants for non-payment of rent, must provide tenants who may have rights under the CDC order with clear and conspicuous written notice of those rights. The notice must be provided on the same date as the termination notice, for example, the notice must be provided at the time a notice to pay rent or quit is given.

A federal judge vacates the national CDC eviction moratorium

A federal judge this week struck down the CDC moratorium on evictions enacted by Congress last spring and extended by President Biden until June 30. Regardless of the enforceability of the federal CDC order, California’s own rent moratorium laws will protect most tenants from eviction based upon non-payment of rent. California state courts have discretion to follow this ruling and may choose to  disregard the CDC eviction moratorium. See the NY Times article: “Judge Vacates National Eviction Freeze.”

Given this new decision, why then is the new CFPB form necessary? The reason is that a federal district court decision, even one as far-reaching as this most recent one, is not binding authority on a California state court. It is merely influential authority which may be considered but need not be followed. In any event, the ruling is technically stayed at this moment. Finally, the ruling  is already being appealed, and the outcome of that appeal is of course unknown. So conservative risk management dictates that the new notice to tenants of their rights under the CDC Order be provided.

Keep in mind, even without the CDC eviction moratorium, California tenants are protected from most evictions for non-payment of rent or other monetary obligations based upon California’s own strongly protective rent moratorium laws. Other local eviction moratoriums may also apply to protect tenants from eviction.

  | Read on car.org >
  | See C.A.R.’s Q&A “Eviction Moratorium Extension and State Rental Assistance Program — SB 91” >
  | See the CFPB’s news release clarifying tenants can hold debt collectors accountable for illegal evictions >