Ord 2023-001 Extending the Eviction Moratorium

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WHEREAS, despite widespread availability of vaccines and that 87.7% of individuals in San Leandro have received the primary vaccine series, and 62.7% have received the primary series and both vaccine boosters, only 31.4% of San Leandro residents are estimated to have received the bivalent booster, which may affect infection rates especially if sub -variants are resistant to the primary and secondary dosages; and WHEREAS, this Ordinance is a temporary moratorium intended to promote stability and fairness within the residential rental market in the City as residents continue to recover from and address the effects on daily life as COVID-19 shifts from pandemic to endemic, thereby preserving the public peace, health, safety, and welfare by enabling tenants in the City whose incomes and ability to work are affected by COVID-19 to remain in their homes and to prevent avoidable homelessness; and WHEREAS, according to the City's consultant, Centro Legal de La Raza (Centro Legal), reports by San Leandro tenants of threats of displacement, which included unlawful detainer, unable to pay rent, notice of termination of tenancy, COVID-19 impacts, landlord harassment, rent increase, repairs necessary for health or safety, and unfair or illegal behavior by the landlord went from 45 in 2019, to 39 in 2020, to 97 in 2021, to 102 in 2022; and WHEREAS, Centro Legal reports that the unplanned strain on household finances due to the necessity of repaying accumulated rent because of COVID-19 can cause stress and anxiety to those impacted, and can cause families to skip meals and basic food purchases, ration medications, and cease purchasing other goods and services that are vital for maintaining their health and safety; and WHEREAS, the City Council desires to extend the eviction moratorium to February 28, 2024, a date certain; and WHEREAS, the additional time provided by this ordinance related to temporary eviction protection and for repayment of accumulated unpaid rent due to the pandemic will most likely allow families to remain in their homes and prevent avoidable homelessness, which would reduce impacts on already strained city and county homeless shelters and social services dedicated to serving the unhoused; and WHEREAS, nothing in this ordinance relieves a tenant or mobile home owner of liability for the unpaid accumulated rent, and WHEREAS, nothing in this ordinance prevents a tenant from being evicted for breach of contract, endangerment of life or property, the Ellis Act (Govt. Code Section 7060 et seq.), or reasons other than accumulated unpaid rent due to the effects of the COVID-19 pandemic; and WHEREAS, the City Council finds and determines that extending the time period for tenants to repay outstanding rent that accumulated during the eviction moratorium and declared state and local emergencies due to COVID-19 serves the public peace, health, welfare and safety in San Leandro. NOW, THEREFORE, the City Council of the City of San Leandro, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings The City Council of the City of San Leandro finds that all Recitals are true and correct and incorporated herein by reference. SECTION 2. Ordinance ORDINANCE NO. 2023-001