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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 one hundred eight (180) 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 subsection shall be <br />so superseded.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 Ordinance through <br />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 homeowner may <br />bring a civil suit seeking owner or landlord compliance with any provisions of this Ordinance. <br />Section 2. Moratorium on Judicial Foreclosures To Address the Effects of the COVID-19 <br />Emergency after the Lifting of the Local State of Emergency <br />Consistent with the other provisions in this ordinance, the statutory cause of action for judicial <br />foreclosure, Code of Civil Procedure section 725a et seq.; the statutory cause of action for unlawful detainer, <br />Code of Civil Procedure section 1161 et seq.; and any other statutory cause of action that could be used to <br />evict or otherwise eject a residential, or mobile homeowner, or occupant of residential real property after <br />foreclosure is hereby suspended as applied to any tenancy, or residential real property and any occupation <br />thereof, to which a limitation on eviction is imposed pursuant to this Ordinance. <br />Section 3. Landlord Submittal of Documentation to City <br />Within five calendar days of receipt from a tenant of the notice and documentation required by <br />Section 1.E., the landlord shall report to the City, on a form provided by the City, the fact that the tenant <br />submitted to the landlord the notice and documentation required by Section 1.E. The failure of a landlord to <br />provide the report to the City shall be grounds for enforcement under San Leandro Municipal Code <br />Chapter 1-12. <br />SECTION 3. ENVIRONMENTAL REVIEW Adoption of this Ordinance is exempt from further review <br />under the California Environmental Quality Act ("CEQA") pursuant to CEQA guidelines Section 15061(b)(3). As <br />an amendment allowing tenants and mobile home owners more time to make past due rent payments, it can <br />be seen with certainty that this Ordinance will have no impact on the environment. <br />SECTION 4. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, <br />clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to <br />be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of <br />the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, <br />or its application to any other person or circumstance. The City Council of the City of San Leandro hereby <br />declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or <br />phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. <br />SECTION 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after adoption, <br />and remain in effect until 11:59 P.M. PST February 28, 2024, whereupon it shall automatically terminate. The <br />ORDINANCE NO. 2023-001 4 <br />