CA Gov. Gavin Newsom. (Photo: Kevin Sanders for California Globe)
Governor’s Executive Orders – How Far Can They Go?
When the state of emergency ends, so do the Governor’s powers
By Chris Micheli, April 28, 2020 6:30 am
During this pandemic, Governor Gavin Newsom has issued more than thirty Executive Orders (EO) to temporarily address different aspects of state law. Pursuant to California Government Code Section 8558, the Governor can call a state of emergency when there is an “existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, plant or animal infestation or disease, …earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency ….”
Once the state of emergency has been declared by the Governor, state law grants enormous power to the state’s chief executive. What exactly are the Governor’s powers during a state of emergency? We can look to the California Constitution and statutes to find some guidance, but maybe not find all of the answers, including how far the EOs can go.
Constitutional Provisions
Article V of the California Constitution deals with the executive branch of government – not only the Governor, but also other constitutional officers. Two provisions of Article V speak to the Governor’s powers:
Section 1 – The executive power of the state is vested in the Governor and he or she must see that the law is faithfully executed.
Section 7 – The Governor is the state militia’s commander in chief and he or she has the authority to use the militia to execute the laws.
The state constitution provides for three separate, but equal branches of government that ensures a system of checks and balances. As the head of the executive branch of state government, the Governor has the requisite powers to utilize the national guard in an emergency and to ensure that state laws are complied with. But the constitution does not speak directly to a state of emergency or executive orders.
Statutory Provisions
In turning to the statutes, we need to look at the California Emergency Services Act, which is found in the Government Code. Title 2 of the Government Code deals with the Government of the State of California. Division 1, Chapter 7 sets forth the California Emergency Services Act, which is found in Sections 8550 – 8669.7. In addition, Article 3 of Chapter 7 provides for Powers of the Governor, which are contained in Sections 8565 – 8899.72.
Powers of the Governor
Among the relevant provisions of the state Government Code are the following:
8567. (a) The Governor may make, amend, and rescind orders and regulations necessary to carry out the provisions of this chapter. The orders and regulations shall have the force and effect of law. Due consideration shall be given to the plans of the federal government in preparing the orders and regulations. The Governor shall cause widespread publicity and notice to be given to all such orders and regulations, or amendments or rescissions thereof.
(b) Orders and regulations, or amendments or rescissions thereof, issued during a state of war emergency or state of emergency shall be in writing and shall take effect immediately upon their issuance. Whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect.
This is the general provision of state law providing for executive orders. It allows the Governor to add, amend or repeal EOs and regulations that are needed to carry out the CESA. They take effect immediately and remain in force until the state of emergency has been ended. The question posed by this code section is how broadly should this grant of authority be viewed? And, do other code sections of CESA limit this broad grant of authority?
8570. The Governor may, in accordance with the State Emergency Plan and programs for the mitigation of the effects of an emergency in this state:
(a) Ascertain the requirements of the state or its political subdivisions for food, clothing, and other necessities of life in the event of an emergency.
(b) Plan for, procure, and pre-position supplies, medicines, materials, and equipment.
(c) Use and employ any of the property, services, and resources of the state as necessary to carry out the purposes of this chapter.
(d) Provide for the approval of local emergency plans.
(e) Provide for mobile support units.
(f) Provide for use of public airports.
(g) Institute training programs and public information programs.
(h) Make surveys of the industries, resources, and facilities, both public and private, within the state, as are necessary to carry out the purposes of this chapter.
(i) Plan for the use of any private facilities, services, and property and, when necessary, and when in fact used, provide for payment for that use under the terms and conditions as may be agreed upon.
(j) Take all other preparatory steps, including the partial or full mobilization of emergency organizations in advance of an actual emergency; and order those test exercises needed to insure the furnishing of adequately trained and equipped personnel in time of need.
This section provides many of the specific actions that the Governor can take to mitigate the effects of a state of emergency. These actions must generally be in accord with the State Emergency Plan.
8571. During a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including subdivision (d) of Section 1253 of the Unemployment Insurance Code, where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.
While the language of this code section is broad, this statute does not provide the Governor with the power to suspend all laws. And, the important word in this statute is “suspend,” which means the power relates to an existing statute, not imposition of a new obligation, for example, that would otherwise be subject to legislation and needing a bill for enactment.
Moreover, the statute provides that the Governor may only suspend a “regulatory statute” or a “statute prescribing the procedure for the conduct of state business”. While this code section does not define what is meant by a “regulatory statute,” it does not allow creation of new statutory obligations. A regulatory statute is generally one that regulates conduct. Because the code section allows only “suspension,” the EO authority relates to putting a temporary hold on a statute that regulates activity.
On the other hand, it does appear that the Governor has greater authority to suspend regulations related to the conduct of business by state agencies. Nonetheless, Section 8571 specifically requires the Governor to declare that strict compliance would “in any way prevent, hinder, or delay the mitigation of the effects of the emergency”. Does this clause relate to suspending a regulatory statute, a statute prescribing conduct of state agencies, or both?
Of course, the Governor does not have the authority to suspend the California Constitution. As such, any rights contained in the state (or federal) Constitution are still in force.
8572. In the exercise of the emergency powers hereby vested in him during a state of war emergency or state of emergency, the Governor is authorized to commandeer or utilize any private property or personnel deemed by him necessary in carrying out the responsibilities hereby vested in him as Chief Executive of the state and the state shall pay the reasonable value thereof. Notwithstanding the provisions of this section, the Governor is not authorized to commandeer any newspaper, newspaper wire service, or radio or television station, but may, during a state of war emergency or state of emergency, and if no other means of communication are available, utilize any news wire services, and the state shall pay the reasonable value of such use. In so utilizing any such facilities, the Governor shall interfere as little as possible with their use for the transmission of news.
When the Governor calls a state of emergency, this code section gives him or her the authority to commandeer or utilize any private property or personnel deemed by him or her to be necessary in carrying out the responsibilities. However, the state is liable for the reasonable value of what it uses.
States of Emergencies
In addition to the provisions set forth above, Government Code Title 2, Article 13 of Chapter 7 provides for States of Emergencies, contained in Sections 8625 – 8629.
8625. The Governor is hereby empowered to proclaim a state of emergency in an area affected or likely to be affected thereby when:
(a) He finds that circumstances described in subdivision (b) of Section 8558 exist; and either
(b) He is requested to do so (1) in the case of a city by the mayor or chief executive, (2) in the case of a county by the chairman of the board of supervisors or the county administrative officer; or
(c) He finds that local authority is inadequate to cope with the emergency.
This code section details the findings necessary to claim a state of emergency.
8626. Such proclamation shall be in writing and shall take effect immediately upon its issuance. As soon thereafter as possible such proclamation shall be filed in the office of the Secretary of State. The Governor shall cause widespread publicity and notice to be given such proclamation.
These provisions require EOs to be in writing and to be filed with the Secretary of State. They also take effect immediately and most be widely publicized.
8627. During a state of emergency the Governor shall, to the extent he deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of this chapter. In exercise thereof, he shall promulgate, issue, and enforce such orders and regulations as he deems necessary, in accordance with the provisions of Section 8567.
As would be expected, this code section makes clear that the Governor has “complete authority” over state agencies and to utilize police powers in order to ensure that his EOs and regulations are carried out. One question that this code section raises is what is the meaning of the term “police power”? Broadly defined, police power is the capacity of the state to regulate behavior and enforce order within its jurisdiction for the betterment of the health, safety, and general welfare of their citizens. Does the exercise of police power allow the Governor to impose new burdens on businesses, for example, or to adopt EOs that do more than “suspend regulatory statutes”?
8627.5. (a) The Governor may make, amend, or rescind orders and regulations during a state of emergency that temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency necessities distributed through retail or institutional channels, including, but not limited to, hospitals, jails, restaurants, and schools. The Governor shall cause widespread publicity and notice to be given to all of these orders and regulations, or amendments and rescissions thereof.
(b) The orders and regulations shall be in writing and take effect immediately on issuance. The temporary suspension of any statute, ordinance, regulation, or rule shall remain in effect until the order or regulation is rescinded by the Governor, the Governor proclaims the termination of the state of emergency, or for a period of 60 days, whichever occurs first.
Under this section, the Governor can add, amend or repeal any EOs and regulations during a state of emergency in order to temporarily suspend any state or local statute, ordinance or regulation that imposes “non-safety related restrictions” on the delivery of specified items, such as goods or pharmaceutical products that are normally delivered through retail channels. Generally, these EOs and regulations cannot remain in effect for more than 60 days.
8628. During a state of emergency the Governor may direct all agencies of the state government to utilize and employ state personnel, equipment, and facilities for the performance of any and all activities designed to prevent or alleviate actual and threatened damage due to the emergency; and he may direct such agencies to provide supplemental services and equipment to political subdivisions to restore any services which must be restored in order to provide for the health and safety of the citizens of the affected area. Any agency so directed by the Governor may expend any of the moneys which have been appropriated to it in performing such activities, irrespective of the particular purpose for which the money was appropriated.
Under this provision of law, the Governor can exercise full direction over all state agencies and utilize all public employees and their equipment to perform any required duties that the Governor determines to exist due to the emergency. And, state personnel may be directed to provide services to local governments and use all of the funding allocated for their duties.
8629. The Governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant. All of the powers granted the Governor by this chapter with respect to a state of emergency shall terminate when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.
As would be expected, when the state of emergency ends, so do the Governor’s powers under the CESA. This means that the EOs will no longer be in force or effect once the emergency is terminated. Of interest is that the end of the emergency occurs either by a gubernatorial proclamation or by a concurrent resolution passed by both houses of the Legislature.
To return to our original question, the Governor has authority to suspend regulations of state agencies with very little limitation. However, can EOs create “new law?”
In other words, it is clear that EOs can temporarily suspend obligations of state agencies. And, it is also clear that EOs can temporarily relieve the regulated community from certain statutes or regulations. What is not clear, however, is whether an EO can impose a new legal obligation. Or does such action actually require a statute, which can only be created by a bill that has made its way through the legislative process after adoption by the Legislature?
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Newsom has done a great job of ruining California.
Of course, he has not completed his political agenda yet.
So, why would he want to reopen?
The dims should be swept away on a red tidal wave in November.
The above article leaves one one CRUCIAL FACT. The Governor, any Governor, has the authority to impose a mandate, a legal mandate, BUT, that mandate can NOT violate the Constitution or that Governor’s Sworn Oath. These “lockdown” mandates do in fact violate both the Constitution and their Sworn Oath. That then becomes an act of treason. A general question about legal authority to impose such mandate is only correct if one neglects both the Constitution and their Sworn Oath. This Treasonous act is a hanging offense.
Agree! Mandates are never laws though, only guidelines, as well as codes and status, etc. The Governor cannot make laws only the legislature and new laws cannot violate the US and State Constitutions. EO cannot violate the Constitution as well. In addition, mandates/codes/ordinances/status, etc cannot contain penalty fees and be a source for local or state government financial enrichment, which will make them immediately void/nullify.
Chris,
How could you have left out the #1 most important law related to the declaration of the state of emergency?
In your article you did not mention section 8558(b) of the California Emergency Services Act (ESA).
Here it is, and why — based on the ESA, section 8558(b) — the current state of emergency in California is invalid and unlawful.
According to the California Emergency Services Act (ESA) Section 8558-b: a state of emergency can only be called if the threat overwhelms the current resources of the state. Furthermore, the state of emergency has to be terminated at the earliest possible date.
Section 8558 (b) “State of emergency” means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an California Emergency Services Act 4 California Governor’s Office of Emergency Services earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat.
THUS:
A state of emergency related to public health can only be declared if the threat overwhelms the response capabilities of California’s health care practitioners
Thousands of healthcare workers are being furloughed in California, so there is zero evidence of grounds for this state of emergency based on public health.
There is no “threat that overwhelms the current resources of the state” since the covid-related deaths (with inflated numbers) are approximately 2,000 in CA, compared to 6,000+ for the average seasonal flu.
Therefore, covid-19 cannot lawfully be classified as an “epidemic”. An epidemic is when there are disproportionately large numbers experiencing an outbreak of a disease.
There is no evidence of this in California. Therefore, the basis for the State of Emergency is invalid and unlawful (see section 8558 b).
As we have clearly seen here in California, with the virus fatalities, they are approximately 1/3 of the typical fatalities for a regular seasonal flu. Therefore, our state resources are not overwhelmed. Therefore the state of emergency should have been terminated according to California law, which states, at the earliest possible date that conditions warrant. Therefore there are no legal grounds for an additional extension or a new state of emergency to be declared.
Thus, according to California law, the grounds for the state of emergency do not exist.
Therefore, the current state of emergency in California is invalid and unlawful.
For a state-wide declaration of state of emergency, whereby the state is controlling the food and pharmaceuticals, the orders expire after 60 days. § 8627.5. The temporary suspension of any statute, ordinance, regulation, or rule shall remain in effect until the order or regulation is rescinded by the Governor, the Governor proclaims the termination of the state of emergency, or for a period of 60 days, whichever occurs first.
(Section 8567(b): Whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect.
This means that all of the orders that were created under the State of Emergency are also expired, including but not limited to: stay at home order, social distancing, wearing of masks, closing of businesses and schools, etc.
Note: There are countless reports of other state’s legislative bodies extending or denying their state of emergency declaration, but why nothing from California?
I would like to know what the lawmakers are doing to address this invalid and unlawful state of emergency declaration.
Go Peggy! I’ve been trying to find the Washington State Constitutional laws and have been “debating” with people on Nextdoor.com. Most don’t want to hear it though… 🙁 I love your videos!!! Thank you for all you’re doing!!!
At the time Governor Newsom issued his declaration of a State of Emergency on March 4, there had been one Covid death in the entire State of California. (See statement from the Governor’s office regarding the Emergency Declaration below, Gov.ca.gov)
See this, the Emergency Proclamation, from Gov.ca.gov
https://www.gov.ca.gov/2020/03/04/governor-newsom-declares-state-of-emergency-to-help-state-prepare-for-broader-spread-of-covid-19
How does the death of one Covid patient in California as of March 4 demonstrate State resources and capabilities and the capability to respond had been exceeded or overwhelmed? There was no State of Emergency or a state of “epidemic” existing yet in California, as of
March 4.
From the title above, note wording, “…to help prepare for broader spread of Covid-19.”
Repeat, no epidemic was yet underway in California as of March 4.
The Governor’s proclamation of a State of Emergency:
https://www.gov.ca.gov/wp-content/uploads/2020/03/3.4.20-Coronavirus-SOE-Proclamation.pdf
The Governor declared an open ended State of Emergency. In effect, “The Emergency is over when I say it’s over.” See the text of his Emergency Order N-30-20, issued concurrently with his March 4 declaration of a State of Emergency.
Executive Order N-32-20 on March 4, 2020. Executed March 18, 2020.
https://www.gov.ca.gov/wp-content/uploads/2020/03/3.18.20-EO.pdf
***Every statement Newsom has made regarding Covid and what he deems to be necessary restrictions and modifications of activity, appear to hinge on the March 4, 2020 Emergency Declaration and the March 4, 2020 Executive Order, N-32-20.***
The criteria for declaring a State of Emergency on March 4 were never met.
State resources had not been exceeded.
Even if there were an actual emergency on March 4, the State of Emergency should have ended after 60 days. Executive Order N-32-20 should have rescinded. Or whatever process should take place to end provisions of that EO should have been taken.
The problem now is, Counties and local govts. have relied on Newsom’s EO N-32-20 and all his other EO’s deriving their “authority” from it and his State of Emergency Declaration. It should logically follow that all the Health Orders and Urgency Orders which derive their “authority” from the EO and Emergency Declaration also null and void. If an actual legal basis for declaration of a State of Emergency existed, and EO N-32-20 had the effect of law, that legal basis ceased to exist 60 days after March 4, 2020.
What do other readers think?
…and that assumes that there IS a “deadly virus” at all. Not one “COVID death” can be attributable to ANY “virus”, since no one has even SEEN “COVID-19” and there is not a single laboratory on the planet (yes, Earth, I’m talking here), that has EVER purified anything that could be called a “virus”. It’s in their many official documents, some with such titles as “The Isolation and Purification of COVID-19”, peer-reviewed and published everywhere. When one bothers to read any of these official documents, one finds such phrases as, “no isolates were available”, or “a virtual sample was used…”.
Imagine that this entire global shutdown, which has ruined businesses and caused lives to be lost from drug addiction, violence and suicide…but not “COVID”. Never “COVID”.
Damn right Peggy hall!
I would like to know that too.
And, if they don’t tell us, what can we do about it?
Thank you so much for posting this. Now we need every person in this state to see this. You are right in every aspect. Covid isn’t a pandemic. Survival rate is 99.95%. Everybody needs to wake up.
Questions: I see where by declaring an emergency, the governor has the authority to suspend laws and ordinances. Can he arbitrarily make laws? I also see that he can take control of “state business”, and also seems to be able to commandeer private businesses, but must compensate appropriately (which follows suit with the property seizure/eminent domain clause of the 5th Amendment of the Constitution).. What gives him the power to control or shut down private business? Can a forced shut down be a seizure under the color of authority? What gives him the power to place any restriction upon law abiding citizens? I thought only a declaration of martial law would allow him to do that. Does he have any authority over non-state public lands? Like city beaches and parks, national parks, BLM lands? Could a governor overstepping his authority in a declared emergency be held liable under US Code Title 18 section 242, Deprivation of Rights Under the Color of Authority?
I looked it up! I think you have a legal argument!
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under “color of law” include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official’s lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Along with his State of Emergency that commenced on March 4th, he also did an Executive Order N-33-20 that gave sweeping powers to the State Health Department. He did mention the executive order when doing this.
My question is, if the executive order is based on the emergency order, and now the emergency order is expired (past 60 days), is the executive order still valid? Does or state and local health departments still have sweeping authority and not have to follow regular California law?
Is Newsom not in violation of 8627.5. (b)’s mandate that no state of emergency shall be in effect for longer than “a period of 60 days, whichever occurs first.”? CA has been in the State of Emergency since March 4th which as of May 26th was EIGHTY-THREE DAYS AGO. Help me understand how this is legal?
Negative ghostrider. As much as I don’t like the conclusion, section (b) only applies and modifies section (a) [this is statutory interpretation stuff learned in long ago in law school]. Thus, the 60-day clock applies only to the necessities etc referenced in Section (a). Thus, at least for purposes of 8627.5, there is no binding time period on the Guv’nor’s order under this statute.
Hello to all of the previous commentators that appear extremely intelligent and are very efficient in copying and pasting CA regulations and laws etc. Please tell me that you all see the much LARGER picture here? It is my view , someone who is not big on conspiracy theories that this entire scam by what I like to call , the largest criminal organization in the World includes China, Dems, which of course include Newsom’s Auntie Nancy Pelosi , Schumer, Schiff, Nader, Comey the Clinton’s , Obama’s, on and on ; ANTIFA, BLM , crooked Congressman and women strategical placed throughout our Country almost 4 years ago . ! They will stop at nothing to get Trump out office, NOTHING! Now, I do not have much power , NONE, to be clear . Our Republican representatives need to get off their asses and put fear aside and fight FIRE with FIRE! President Trump can only do so much , he needs anyone and everyone that believes in him to step up and NOW! I understand the audience reading my off the cuff comments here will have many different thoughts . I am so frustrated looking up Califonia laws and statutes, regulations, rights , Eminent Domain , Mayors powers etc etc that I felt the need to write. On some level , I’m sure anyone reading this would agree with some portion . I could write a Novel with all of the content in my brain . We can start thanking President Jimmy Carter in 1978 /79 , the first President to Visit China !!! Hummm a Democrat President and China? No way! Hopefully all of the influential folks will use their power to help to get Republicans back in positions needed and President Trump re-elected . Thank you all
I really enjoyed reading your comment. I have been feeling the same way. I must correct you on your last statement, however. Nixon was the first President to go to China. I remember that very well. I was about 12 or 13 and my family watched it on TV. My dad thought that Nixon was just great!
https://www.history.com/.amp/this-day-in-history/nixon-arrives-in-china-for-talks
You are correct in your assessment of the situation!
Most people are ignorant of this.
The other countries were showing a pattern of what was inevitable early on. Newsom was doing his job and trying to save lives. Had Trump done the same this would be over. Too many followed cloned his attitude. Newsom tried to get California to take it seriously but there are still mask-less Trump followers not taking it seriously all over California. Our hospitals are turning people away for the 1st time in our history. What a mess.
I must respectfully disagree with your claim Newsom was trying to save lives. Newsom did exactly the opposite and when the federal red dawn group reached out to Dr. Charity Dean, representing the CDPH requesting in either late January or early February they implement surveillance, identifying probable COVID-19 cases to slow the spread, investigate source of spread and contact tracing – CDPH claimed PH had issues and never disclosed the medical facilities performing the Stare’s duty to report flu surveillance. I called the Epidemiologist working with both State and Federal Government from Johns Hopkins asking what I could do based on my husband and I researching and educating ourselves to protect ourselves; I called after reading a transcript regarding CA. In our community, Newsom’s serving the interests of foreign nations refusing to protect California’s public health was the last straw, We have a surge in cases growing by the thousands and our deaths doubled when our County Public Health was transitioning to a new system.
Gtfo Deborah you know you’re being a chatty Cathy and are making claims based on heresy and outright lies that likly stem from the whore media
Gtfo Deborah you know you’re being a chatty Cathy and are making claims based on heresy and outright lies that likly stem from the whore media
How is it that our pathetic Governor has the right to restrict (steal) rental income from property owners? The Governors executive order allowing renters to defer rent payments into the unknown future is thievery. Why should I as in investor and taxpayer be forced to surrender my right to generate income from property that I own? What’s next? Maybe your mutual fund or stock portfolio? I can see it now, if you own a mutual fund or stock the Government will simply take ownership of it or at least any earnings that are generated and they’ll redirect those earnings to someone they think needs it more than you. Even worse, if your stock or fund goes down in value, tooo bad, your not allowd to sell it. If it performs well you get zero. At the end of the year you’ll be responsible to pay the tax for earnings you never received. Well thats whats been happening with rental property. I own it, and the Governor has the power to decide if and when my tenenat pays rent? On one property alone the tenant has refused to pay rent and owes me $10,500!!! I’m not alloowed to ask for the rent because I can be sued for harrassment? The courts will not accept or process evictions and I’m not allowed to sell the property. Why are the rules different for the hotel industry? Governor N. forced the hotel industry to participate in the golden key program that allows homeless people the ability to stay for free at the same hotels that you and I would normally have to pay for. Unfortunately there’s a large number of people that know how to abuse the system and take full advantage of this program. The difference between my rental property and the hotels property, is that CA pays the hotel industry for the rooms they give away to the supposed homeless. What do I get, let me think….NOTHING but an added expense as I have to pay for the tenants of not just one property but for all of my rental properties. This is the demo’s that believe that everyone should be treated fairly, everyone is entitled to enjoy the benefits of what I spent a lifetime working to achieve. 99% of the posts on here are correct, there is no basis for the emergency declarations. This is just another step towards bankrupting taxpayers. There’s no incentive to work hard and enjoy the rewards. The only right I seem to have as a property owner is the right to remain silent. We need to get these pathetic politicians out of office. In fact they should all be put on trial for their crimes. Pill popping Nancy, Crazy Chuck, Gov. Nucklehead and the rest of their lawbreaking clan. These mother —-ers should be in jail. If you own rental property I’ want to hear from you contact me at family1@charter.net
Greg, Your investment is like any other investment. It has risks. Apparently, we have to factor in that once every 100 years there will be a pandemic and we can’t collect on the rent right away. It is deferred, That deferment is legal tender. If you don’t feel you will collect that rent in the long run, that deferment can be sold to a collection agency, and you can write off part of that loss. I really don’t want to argue about the merits of the emergency, because people are dying at a clip of over100 a day over and the hospital beds and ICU rooms are filling up quickly and it looks like the trend might go exponential if this curfew is not enforced. If all the beds are filled during flu season, we will go over the curve and our death rates will go from around 2% to possibly 7 to 8 percent. There is a difference between 100 people dying a day and 500 people dying a day.