California Health and Safety Code § 17980.7(c) permits a judge to appoint a health and safety receiver in circumstances that warrant it. Specifically, the health and safety receivership remedy allows a receiver to take over real property that has become unsafe or hazardous due to abandonment, code violations, hoarding, illegal conversions, etc.
Health and safety receivers play an important role in making our communities safer. Their responsibilities can vary from appointment to appointment. Still, their main focus remains the same: serve as a neutral third party to remedy unsafe properties using the means and methods aligned with the court’s receivership appointment order.
Health and safety receivers are appointed by a judge after the petitioning party makes its formal request in court. Petitioning parties are typically municipalities (cities or counties) or tenant associations.
Once appointed, the receiver has legal power to address health and safety violations at the property. The court maintains oversight over its receiver. Throughout the receivership, the receiver typically has the authority to manage the property, borrow funds secured against the subject property, hire inspectors and contractors, and remediate or even demolish the property.
Because the receiver is there to carry out the orders of the court, the receiver does not side with any particular party. However, a receiver can consider each party’s input and requests when making decisions.
By the time the receiver’s duties are complete, the property should be safe for occupants and the neighborhood.
Not all receiverships are the same. Let’s take a look at some of the most common reasons someone might need a receiver and what kind of receiver best suits their needs.
These are some of the most common duties and responsibilities of a health and safety receiver in California:
It takes time to go through each step, as everything must be completed according to the strict standards of the California courts. An experienced health and safety receiver will know how to expedite the process as much as possible, but it is important to know that there are no shortcuts when addressing health and safety issues at a struggling property.
The timeline for a health and safety receivership can be summarized as follows:
It would be appropriate for a petitioning party to seek a health and safety receiver if a property faces any of the following circumstances:
Health and safety receivers are a powerful tool that communities can use to address problem properties that have become a threat to public health, safety, and welfare.
An experienced receiver can mitigate hazards, oversee the repairs, and work with stakeholders to reach court-approved solutions.
The receivership remedy aims to balance the rights of owners with the greater good of the community. When other methods fail to resolve severe property distress, receivers can responsibly rehabilitate a property, upholding codes and preventing further harm to the property’s tenants, neighbors, and the broader community.
Richardson “Red” Griswold has been appointed by courts over 190 times. He and his team at Griswold Law are knowledgeable, experienced, and thorough receivers who can address your concerns and make your community safer. To learn more, download our free whitepaper on Receivership for Abandoned Properties.
Please reach out to us with any questions about how the receivership remedy works.