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File Number: 20-127
<br />public peace, health, welfare and safety that warrants this urgency ordinance, which finding is
<br />based upon the facts stated in the recitals above, and in the staff report dated March 23, 2020, as
<br />well any oral and written testimony at the March 23, 2020 City Council meeting. This Ordinance
<br />and any moratorium that may be established thereunder is declared by the City Council to be an
<br />urgency measure necessary for the immediate preservation of the public peace, health, welfare,
<br />or safety. The facts constituting such urgency are all of those certain facts set forth and referenced
<br />in this Ordinance and the entirety of the record before the City Council.
<br />SECTION 3. Ordinance
<br />The City Council hereby makes the findings contained herein and hereby adopts the uncodified
<br />Ordinance to read as follows.
<br />COVID-19 Eviction Moratorium Ordinance
<br />Section 1. Moratorium on Eviction for Nonpayment of Rent During the COVID-19
<br />Emergency
<br />A.During the term of this Ordinance, no landlord shall endeavor to evict a residential, mobile
<br />homeowner, or commercial tenant for nonpayment of rent, including but not limited to any such
<br />provision under Civil Code sections 798.56 et seq., 1940 et. seq., or 1954.25 et. seq., if the
<br />tenant, or mobile homeowner demonstrates that the inability to pay rent is:
<br />1.Due to, or arising out of a substantial decrease in household or business income
<br />(including but not limited to the circumstances described in subsections B and C) or
<br />substantial out-of-pocket medical expenses; and
<br />2.The decrease in household or business income, or out-of-pocket medical expenses,
<br />was caused by the COVID-19 pandemic, or by any local, state, or federal government
<br />response to COVID-19, and is documented in writing.
<br />For the purposes of this Ordinance, mobile homeowner also means recreational vehicle (RV)
<br />owner.
<br />B. “Substantial decrease in household income” includes but is not limited to income loss caused
<br />by COVID-19 illness or caring for a household or family member with COVID-19 illness, work
<br />closures, layoffs, job loss, a reduction in the number of compensable hours or other economic or
<br />employer impacts of COVID-19, missing work due to a minor child’s school or day care closure,
<br />compliance with government health authority orders, or other similarly-caused reason resulting in
<br />loss of household income due to COVID-19, substantiated with written documentation or other
<br />objectively verifiable proof of same.
<br />C.“Substantial decrease in business income” includes, but is not limited to, income loss caused
<br />by work closures, reduction in staff reporting to work, reduction in opening hours, or reduction in
<br />consumer demand, compliance with government health authority orders, or other similarly-caused
<br />reason resulting in loss of business income due to COVID-19, substantiated with written
<br />documentation or other objectively verifiable proof of same.
<br />D.A landlord who knows that a tenant or mobile homeowner cannot pay some or all of the rent
<br />temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil
<br />Procedure sections 1161 or 1162, as applicable, file or prosecute an unlawful detainer action
<br />based on a three-day pay or quit notice, or otherwise seek to evict for nonpayment of rent.
<br />E.A landlord knows of a tenant’s or mobile homeowner’s inability to pay rent within the meaning
<br />of this Ordinance if the tenant or mobile homeowner, within 30 days after the date that rent is due,
<br />notifies the landlord in writing of tenant’s or mobile homeowner’s inability to pay full rent because
<br />of a substantial decrease in household or business income or out-of-pocket medical expenses
<br />was caused by the COVID-19 pandemic, or by any local, state, or federal government response
<br />Page 4 City of San Leandro Printed on 3/20/2020
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