Newsom Issues Additional COVID-19-Related Executive Orders

Over the past week, Governor Gavin Newsom issued three additional executive orders related to COVID-19 response activities.

Executive Order N-35-20 was issued on Saturday, March 21, 2020, and is referred to as an “omnibus” executive order. This order contains a wide array of actions to provide the state the ability to increase healthcare capacity in clinics, mobile health units, and adult day healthcare facilities. Local governments are also provided additional flexibility to utilize the skills of retired employees and reinforces the importance of the delivery of food, medicine, and emergency supplies.

Executive Order N-36-20 was issued on Tuesday March 26, 2020, and directs the California Department of Corrections and Rehabilitation (CDCR) to temporarily cease the intake and/or transfer of inmates and youth into the state’s 35 prisons and four youth correctional facilities. Inmates and youth will remain in county custody for the next 30 days; this timeframe can be extended if necessary. The executive order also directs the Board of Parole Hearings to develop a process to conduct all scheduled parole suitability hearings through videoconferencing starting no later than April 13, 2020, for the next 60 days. This process will facilitate remote participation of individuals typically in attendance, including staff, parole board members, victims, families, inmates, attorneys, and others.

Executive Order N-37-20 was issued today, March 27, 2020, and halts evictions for 60 days for any tenant who is served while this order is in effect, under the following conditions: 1) tenants must have paid rent due to the landlord prior to the date of this Executive Order; 2) tenants must notify the landlord in writing, prior to rent being due or within 7 days after the due date, of their inability to pay all or some of the rent due to COVID-19 related reasons. Tenants must retain documentation to support their inability to pay. This Executive Order will remain in effect through May 31, 2020. Also, in the event this order conflicts with EO N-28-20, which was signed on March 16, 2020 and included authorization for local governments to halt evictions for renters and homeowners, EO N37-20 would supersede that order.