We are getting to the point, we as LL's, we'll have to be sure what law to follow. We have state LL/tenant laws and NOW we have Federal involvement.

I've heard judges ask LL's what part of the law would you like the court to follow-- JUST the part for the tenant or JUST the part for the LL'd.

Once the state's moratorium is up--- are the court then going to invoke federal guideline? Or stick to state laws? ---- this is where we as LL's will get lost in the mix.

Do we JUST follow State LL/tenant laws or JUST Federal.

Courts and tenants will have us switching between the two-- making it to THEIR advantage.

We have that with the lead laws now.

Lead laws are similar, however the moratorium laws seem to vary. Going to be difficult to keep up however these laws will go away because they don't fuel the coffers the way asbestos, mold, lead, radon, ten year batteries have.

Ultimately, we have to get really good at listening to our gut and navigating the business so we don't have to deal with either the state or the federal regulations.

The fact that each state themselves have different laws is confusing. I often wonder why that is?

I wonder if it wouldn't just be easier if the federal laws were the only ones.

On the other hand, they are all over stepping right now.

There was a county commission meeting yesterday as to what powers the local health department should have. I do not know the outcome yet.

6x6, that is because the states are independent. That's the way it supposed to be.

Do you want to deal with California's laws as a national precedent? Or Massachusetts? I certainly don't.

We've been having to deal with this for decades, so I don't see a big change here. We've ALWAYS had federal laws to deal with and then with more added on at the state level in some cases. As mentioned above, lead laws are a good example, but I think even better are anti-discrimination laws. At the federal level, the Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. Some states than ADD to that including things such as sexual orientation or source of income.

It's always been this way. In my opinion, you follow federal law and then check to see if the state has added onto it. (In general, states can't "take away" the federal parts -- so that is why you look at federal first to make sure you are following those and then see if your state has added onto that.)

- John...

Oh, and I will add that I disagree with the idea of "listening to our gut" to figure out how to follow or avoid federal and state regulations. Your "gut" will get you into trouble. Follow the law, not your gut. Our "gut" is often wrong when it comes to the law. It's simply not a safe suggestion, IMO.

- John...

NE thanks for thinking of me. Garnishment is handled by different court department. Once the judgment is in hand the state starts getting and holding the money-- those offices are open. My office filed 3 yesterday. All done electronically or by mail.

My point about state VS Federal-- we have some state (magistrate judges saying our state LL tenant law is followed no stickin Federal law. On the other hand-- the feds are saying states don't control-- federal does. As usual LL gets jambed in the middle.

By "listening to your gut", I mean that there comes a point in each approval of a prospect where a landlord needs to ask themselves if there's a potential for this tenant to lead me down the wrong road. If there's ANY noticeable flag that this tenant will land you in front of a major state or federal issue, PASS PASS PASS!

As far as federal regulations, moratoriums due to sickness is a scary precedent to set. Fair housing, ok. Lead? Eh, maybe. I think as long as the landlord had it sealed under layers of new paint, then a tenant needs to keep their own kids from eating the walls.

agree.

It's against the constitution-- it wouldn't be if they'd just follow the last part of the amendment-- just compensation. So if Uncle Sammy says -- if tenants don't pay as long as courts remain closed-- we the US gov't will pay--- we'll that hasn't happened.

NE, thank you for making that point about the independent states.

I am a "California Licensed Contractor" with also Los Angeles City Trade Licenses and Federal Licenses too. Every so often, like every other week, I have to decide who's:

Rules,

Codes,

Regulations,

or Laws I'm going to follow.

For example in 1900, Europe knew that Lead Paint was dangerous in places where people lived and outlawed putting lead in those paints. But Not In America! Why? The Paint Industry Lobbyist were paid to persuade law makes to allow lead in residential paint from 1900 through 1978!

Then after 1978 HUD and other Federal agencies adopted rules to ensure they can't be sued so landlords renting out to section 8 tenants wouldn't allow exposure to lead paint. Not to protect man, women or child from lead, just the liability to the Fed's.

Then a few years later the State of California started Lead Paint programs....Up to then the City of Los Angeles thought it was okay to kill the children by allowing exposure -- so long as you make landlords make units look pretty, quickly and pay a fine.

So every few years I got dragged into some type of official hearing, because I did something right to protect myself, workers and tenants and didn't follow curtain recommended guide lines.... Shame on me for thinking of the safety of others over doing what someone says I should do today, knowing the people in charge have no business making policy.

6x we have rights. putting someone or allowing someone to stay in YOUR property and not allowing you to defend that property-- through the legal system is taking our rights away. Our property not the gov't's.

Did you see the store owner last night? he stood out front of his coffee shop (came to this country 25 years ago from Jordan) The mob rushed him and demanded he repeat ??? Lives matter. They were in his face demanding-- his answer was ALL LIVES Matter. They had a shouting match but he held -- They finally left him along.

Robert CA I just saw your governor on TV with his new 2035 no gas cars any more and some pretty radical ideas -- that frankly I could never live by. Part of your new law is you can have your way with a minor and you know which WAYS I mean as long as the CHILD says it's OK. That was just one of about 50 he is pushing through. What is going on out there in CA?

What ICE is up against isn't just illegals-- there fighting our own gov't. I'm serious it's unbelievable Robert.

10th Amendment:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."