Ord 2023-001 Extending the Eviction Moratorium

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The City Council hereby makes the findings contained herein and hereby adopts this uncodified Ordinance to read as follows. Section 1. Moratorium on Eviction for Nonpayment of Rent to Address the Effects of COVID-19 after the Lifting of the Local State of Emergency A. During the term of this Ordinance, no landlord shall endeavor to evict a residential tenant and mobile homeowner for nonpayment of rent, including but not limited to any such provision under Civil Code sections 798.56 et seq., 1940 et. seq., or 1954.25 et. seq., if the tenant, or mobile homeowner demonstrates that the inability to pay rent is: 1. Due to, or arising out of a substantial decrease in household or business income (including but not limited to the circumstances described in subsections B and C) or substantial out-of-pocket medical expenses; and 2. The decrease in household or business income, or the substantial out-of-pocket medical expenses, was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented in writing. For the purposes of this Ordinance, mobile homeowner also means recreational vehicle (RV) owner. B. "Substantial decrease in household income" includes but is not limited to income loss caused by COVID-19 illness or caring for a household or family member with COVID-19 illness, work closures, layoffs, job loss, a reduction in the number of compensable hours or other economic or employer impacts of COVID- 19, missing work due to a minor child's school or day care closure, compliance with government health authority orders, or other similarly -caused reason resulting in loss of household income due to COVID-19, substantiated with written documentation or other objectively verifiable proof of same. C. "Substantial decrease in business income" includes, but is not limited to, income loss caused by work closures, reduction in staff reporting to work, reduction in opening hours, or reduction in consumer demand, compliance with government health authority orders, or other similarly -caused reason resulting in loss of business income due to COVID-19, substantiated with written documentation or other objectively verifiable proof of same. D. A landlord who knows that a tenant or mobile homeowner cannot pay some or all of the rent temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil Procedure sections 1161 or 1162, as applicable, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise seek to evict for nonpayment of rent. E. A landlord knows of a tenant's or mobile homeowner's inability to pay rent within the meaning of this Ordinance if the tenant or mobile homeowner, within 30 days after the date that rent is due, notifies the landlord in writing of tenant's or mobile homeowner's inability to pay full rent because of a substantial decrease in household or business income or out-of-pocket medical expenses was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and provides documentation to support the claim. Any medical or financial information provided to the landlord shall be held in confidence, and only used for evaluating the tenant's or mobile homeowner's claim. ORDINANCE NO. 2023-001 3