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File Number: 21-482 <br />imposing within the City of San Leandro a temporary moratorium on evictions due to nonpayment <br />of rent for mobile homeowners, and residential and commercial tenants where the failure to pay <br />rent is from income loss resulting from COVID-19. The ordinance went into effect immediately, <br />with the ability to remain in effect until May 31, 2020 or the expiration of the local state of <br />emergency or the Governor’s proclamation of a state of emergency, whichever is later. <br />As a result of the state of emergency and resulting government restrictions surrounding <br />COVID-19, many residential and commercial tenants experienced income loss, leaving tenants <br />vulnerable to eviction. During this state of emergency, and in the interests of protecting the public <br />health and welfare, and to help prevent transmission of the coronavirus, the eviction moratorium <br />helped to avoid unnecessary displacement, business closures, and homelessness. The eviction <br />moratorium acts as a deterrent to landlords initiating eviction proceedings, as it provides a tenant <br />a substantive defense if an eviction proceeding (an unlawful detainer) were filed against the <br />tenant for non-payment of rent and they could demonstrate that the non-payment of rent was due <br />to the substantial loss of income due to COVID-19. <br />As outlined in the ordinance, once the eviction moratorium expires, the following terms will apply: <br />- Notification - In order to be protected under the moratorium, tenants must notify their <br />landlord within 10 days after the rent is due of their inability to pay full rent because of a <br />substantial decrease in household or business income, or increase in out-of-pocket <br />medical expenses, due to the pandemic and/or governmental response, and provides <br />documentation to support the claim. <br />- Rent Due - Nothing in the ordinance, would relieve tenants from the obligation to pay past <br />due rent. Tenants would have 120 days to repay past due rent (‘repayment period’). <br />However, a tenant could have an additional 60 days, for a total of 180 days, if within 10 <br />days after the repayment period, the tenant notifies the landlord in writing of the tenant’s <br />inability to pay full rent due to a COVID-19 related decrease in income, as defined in the <br />ordinance. <br />- Fees - A landlord may not charge or collect a late fee for rent that is delayed due to <br />COVID-19 related income loss. <br />- Alternate Arrangements - The ordinance allows landlords and tenants to voluntarily <br />negotiate payment agreements which may be longer or more lenient than outlined in the <br />ordinance. <br />NOTE - The proposed amendment does not impact San Leandro’s residential eviction <br />moratorium. While the State of California’s residential eviction moratorium is set to <br />expire on September 30, 2021, San Leandro’s local residential eviction moratorium may <br />remain in effect until the later of the expiration of the local state of emergency or the <br />Governor’s proclamation of a state of emergency. A 60-day extension of San Leandro’s <br />local state of emergency is proposed for approval at this meeting of September 7, 2021. <br />Analysis/Discussion <br />Approval of this ordinance aligns the date of expiration of San Leandro’s commercial eviction <br />moratorium to that of the State of California, consistent with the Governor’s Executive Order <br />N-08-21. If approved, the protections of the local eviction moratorium for commercial tenants <br />would apply through September 30, 2021; and would be extended automatically if any future state <br />Page 2 City of San Leandro Printed on 9/2/2021 <br />501