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File Number: 20-127 <br />to COVID-19, and provides documentation to support the claim. Any medical or financial <br />information provided to the landlord shall be held in confidence, and only used for evaluating the <br />tenant’s or mobile homeowner’s claim. <br />F.Nothing in this Ordinance relieves the tenant or mobile homeowner of liability for the unpaid <br />rent, which the landlord may seek after the expiration of this Ordinance, and the tenant or mobile <br />homeowner must pay within ninety (90) days of the date of expiration of this Ordinance, unless a <br />state law or order is amended or adopted providing for a longer period, in which case this <br />subsection shall be so superseded. <br />G.A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in <br />this Ordinance, nor may a landlord seek rent that is delayed for the reasons stated in this <br />Ordinance through the eviction process. <br />H.This Ordinance may be asserted as an affirmative defense in any unlawful detainer action or <br />other action brought by an owner or landlord to recover possession. A tenant or mobile <br />homeowner may bring a civil suit seeking owner or landlord compliance with any provisions of this <br />Ordinance. <br />Section 2. Moratorium on Judicial Foreclosures During the COVID-19 Emergency <br />As provided for in Executive Order N-28-20 and consistent with the other provisions in this <br />ordinance, the statutory cause of action for judicial foreclosure, Code of Civil Procedure section <br />725a et seq.; the statutory cause of action for unlawful detainer, Code of Civil Procedure section <br />1161 et seq.; and any other statutory cause of action that could be used to evict or otherwise eject <br />a residential, or mobile homeowner, or commercial tenant or occupant of residential real property <br />after foreclosure is hereby suspended as applied to any tenancy, or residential real property and <br />any occupation thereof, to which a limitation on eviction is imposed pursuant to this Ordinance. <br />SECTION 4. Severability <br />If any provision of this Ordinance or the application thereof to any person or circumstance is held <br />invalid, the remainder of this Ordinance and the application of such provision to other persons or <br />circumstances shall not be affected thereby. <br />SECTION 5. Effective Date <br />This Urgency Ordinance shall become effective immediately upon its adoption pursuant to City of <br />San Leandro Municipal Code section 1-1-345(b) and shall remain in effect until May 31, 2020 or <br />the expiration of the local emergency or the Governor’s proclamation of a state of emergency, <br />whichever is later. <br />Page 5 City of San Leandro Printed on 3/20/2020 <br />13