Ord 2023-001 Extending the Eviction Moratorium

Home

F. Nothing in this Ordinance relieves the tenant or mobile homeowner of liability for the unpaid rent, which the landlord may seek after the expiration of this Ordinance, and the tenant or mobile homeowner must pay within one hundred eight (180) days of the date of expiration of this Ordinance, unless a state law or order is amended or adopted providing for a longer period, in which case this subsection shall be so superseded. G. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in this Ordinance, nor may a landlord seek rent that is delayed for the reasons stated in this Ordinance through the eviction process. H. This Ordinance may be asserted as an affirmative defense in any unlawful detainer action or other action brought by an owner or landlord to recover possession. A tenant or mobile homeowner may bring a civil suit seeking owner or landlord compliance with any provisions of this Ordinance. Section 2. Moratorium on Judicial Foreclosures To Address the Effects of the COVID-19 Emergency after the Lifting of the Local State of Emergency Consistent with the other provisions in this ordinance, the statutory cause of action for judicial foreclosure, Code of Civil Procedure section 725a et seq.; the statutory cause of action for unlawful detainer, Code of Civil Procedure section 1161 et seq.; and any other statutory cause of action that could be used to evict or otherwise eject a residential, or mobile homeowner, or occupant of residential real property after foreclosure is hereby suspended as applied to any tenancy, or residential real property and any occupation thereof, to which a limitation on eviction is imposed pursuant to this Ordinance. Section 3. Landlord Submittal of Documentation to City Within five calendar days of receipt from a tenant of the notice and documentation required by Section 1.E., the landlord shall report to the City, on a form provided by the City, the fact that the tenant submitted to the landlord the notice and documentation required by Section 1.E. The failure of a landlord to provide the report to the City shall be grounds for enforcement under San Leandro Municipal Code Chapter 1-12. SECTION 3. ENVIRONMENTAL REVIEW Adoption of this Ordinance is exempt from further review under the California Environmental Quality Act ("CEQA") pursuant to CEQA guidelines Section 15061(b)(3). As an amendment allowing tenants and mobile home owners more time to make past due rent payments, it can be seen with certainty that this Ordinance will have no impact on the environment. SECTION 4. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. SECTION 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after adoption, and remain in effect until 11:59 P.M. PST February 28, 2024, whereupon it shall automatically terminate. The ORDINANCE NO. 2023-001 4