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File Number: 20-126 <br />proceedings if a mobile homeowner or tenant can show that the non-payment of rent was due to <br />the mobile homeowner’s or tenant’s loss of income arising out of the consequences of <br />COVID-19. If a landlord nevertheless filed eviction proceedings in court, the ordinance could be <br />used as an affirmative defense in a court proceeding regarding an unlawful detainer. The <br />ordinance will provide an additional aid to preserve housing for mobile homeowners and tenants, <br />and loss of business relief during this pandemic. Staff would also work to notify landlords, mobile <br />homeowners, businesses, and tenants about the new ordinance if adopted. <br /> <br />The urgency ordinance would be in effect until May 31, 2020, or the expiration of the local <br />emergency or the Governor’s proclamation of a state of emergency, whichever is later. If <br />necessary due to a continuing state of emergency, the ordinance can be extended. <br /> <br />Staff recommends that the City Council adopt the urgency ordinance as described above. <br />Environmental Review <br />Adoption of this ordinance is exempt from review under the California Environmental Quality Act: <br />Section 15378 (not a project); and Section 15061(b)(3) (no significant environmental impact. <br />Legal Analysis <br />The City Attorney drafted the urgency ordinance. This Ordinance is proposed and drafted <br />pursuant to the City’s general police powers, section 1-1-345(b) of the City of San Leandro <br />Municipal Code, and Article XI of the California Constitution. <br />Fiscal Impacts <br />There is no impact to the General Fund from adopting an urgency ordinance establishing a <br />moratorium on evictions due to loss of income resulting from the COVID-19 pandemic. The <br />ordinance could be relied upon as an affirmative defense in a court proceeding for an unlawful <br />detainer. Therefore, there is no staff work associated with implementing the ordinance other than <br />providing notifications to the community. <br />ATTACHMENT(S) <br />Attachment(s) to Staff Report <br />·None <br />Attachment(s) to Related Legislative Files <br />·Urgency Ordinance <br />PREPARED BY: Tom Liao, Community Development Director <br />Page 3 City of San Leandro Printed on 3/20/2020 <br />7