On Monday, a coalition of local government associations submitted a letter to the Judicial Council of California (Council) urging changes to a recently-adopted Emergency Rule that suspends the statutes of limitations for all civil actions until 90 days after the Governor lifts the existing COVID-19 Emergency Order. The proposed changes would limit the suspension for actions that ordinarily have much shorter filing deadlines – such as challenges to land use approvals. In the letter, RCRC, the California State Association of Counties and the League of California Cities cite concerns with the detrimental effects the Emergency Rule will have on local housing production, including affordable housing, homeless shelters, and transitional housing unless these changes are made.

The Council’s Emergency Rule 9 was announced April 6th and is intended to alleviate possible impacts to the judicial system during the COVID-19 pandemic. The additional 90 days to file suit after the Emergency Order is lifted represents a modest extension for most ordinary statutes of limitations (which are often years long), but is nearly triple the typical limitations period for common land use challenges (such as those brought under CEQA). This will delay the finality and certainty of project approvals, thereby extending production timelines and putting project financing in jeopardy. Local governments have proposed changes to the rule to ensure that the additional filing period for any claim after the Emergency Order is lifted does not exceed the statute of limitations ordinarily applicable to that claim. The California Building Industry Association also submitted a letter outlining similar concerns, and has requested the same language modifications to the Rule as the local governments associations.