And, whereas, the result of these practices have created a 75% increase in foreclosures from 2006 to 2007 with California leading the nation with over 400,000 homes lost to foreclosure and has had a devastating effect on not only those families who lost their homes, but on the economic health of communities hit hardest by these evictions,

And, whereas, the magnitude of this crisis and its reverberating effects nationally and worldwide is new and unprecedented and constitutes an epidemic of poverty that can only deepen and spread if not treated with serious and immediate measures no less than the state of California would treat any emergency jeopardizing the safety and health of its residents fallen victim to foreclosure - now numbering over 400,000 and climbing,

And, whereas an increase in foreclosures correlates to an increase in homelessness, which in turn increases  the likelihood of illness and death, especially in children, the epidemic of foreclosures in our state is a serious health risk to the already over 400,000 people in 2007 alone,

And, whereas, California’s largest city and one of the largest cities in the nation, Los Angeles, due to the enormity of this crisis, is not equipped financially nor materially to deal with the effects of this crisis on its residents,

And, whereas, the California Emergency Act calls on immediate action to be taken in Article 1, Section 8550 of its purpose statement when the safety and health of residents are in jeopardy and, in  Article 2, Section 8558 (b),  local government is not equipped to deal with such emergencies,

And, whereas the above stated Articles and Sections, especially Article 2, Section 8558 (b) warrant that such emergencies give the Los Angeles City Council the responsibility of urging that the Governor declare a state of emergency,

And, whereas, Article 3, Section 8570(c) and (i) and Article 16, Section 8646 (b) states that this declaration would empower the Governor to use all resources of the state to mitigate this emergency including the use of public and private property,

And, whereas, the US Supreme Court in the case of Home Building & Loan Ass’n v. Blaisdell, 290 U.S. 398 (54 Sup. Ct. 231, 88 A.L.R. 1481), held that during periods of emergency, a moratorium on foreclosures is constitutional and trumps the contract clause of the constitution, upholding a Minnesota Moratorium on Foreclosures, which was one of 25 state moratoriums on foreclosure declared during the 1930’s,

And, whereas, Article 3, Section 8571 allows during a state of emergency, the suspension of all statutes, rules and regulations governing business practices, both public and private,

Be it resolved that the City Council of Los Angeles, in regard to this unprecedented epidemic of foreclosures in this State, urge that the Governor of California declare a State of Emergency.

Be it further resolved that this declaration be used to immediately, using the above cited Articles in the California Emergency Services Act, urge the Governor to utilize any properties public or private deemed necessary, and study any contractual obligations of any entities regulated by the State for the purpose of:

(1) Instituting an immediate moratorium on foreclosures and evictions