The appointment of a receiver can eradicate health and safety threats in your community and is an available and valuable remedy under California law. A receiver is a neutral third-party appointed by the Court to take temporary control over substandard properties that are subject to a lawsuit. By appointing a receiver, the Court can eliminate illegal or unsafe activity occurring at a property. Health and Safety Receiverships are used primarily for substandard properties which include but are not limited to hoarding properties, illegal construction or habitation, fire damaged properties, nuisance properties, deceased owner or abandoned properties, and slum apartments/motels. Once the court appoints a receiver, the property is under the direct control of the court via the court-appointed receiver. The health and safety receiver is then responsible for the general repairs and maintenance for the property and for ensuring that the property is brought into compliance with State and local codes at the property owner’s expense. Utilizing the receivership remedy saves a city, or other municipality, time and resources, and demonstrates to the surrounding community that the city is taking effective steps to remedy the dangerous conditions created by the problem property.
Oftentimes it is assumed that only City Attorneys and corresponding enforcement agencies can request that a receiver be appointed by the court. However, according to California Health and Safety Code section 17980.7(c), Tenants and Tenant Associations/Organizations are entitled to the receivership remedy as well. Receiverships clean-up our community and protect tenants who have been exposed to hazardous conditions by absent or negligent landlord owners. When a group of tenants are living in substandard conditions, the receivership remedy protects those tenants and brings the property back into a safe and livable condition.
Richardson “Red” Griswold of Griswold Law, APC is regularly appointed by courts across the State of California to act as a Receiver to deal with problem properties. To learn more about receiverships, please contact us.
