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13C Action
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3/21/2024 5:49:30 PM
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5/31/2023 11:24:20 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/6/2023
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<br /> <br />WHEREAS, nothing in this ordinance relieves a tenant or mobile home owner of liability for the <br />unpaid accumulated rent; and <br />WHEREAS, the City Council finds and determines that extending the time period for tenants to <br />repay outstanding rent that accumulated during the eviction moratorium and declared state <br />and local emergencies serves the public peace, health, welfare and safety. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LEANDRO DOES ORDAIN AS <br />FOLLOWS: <br />SECTION 1. Findings. The City Council of the City of San Leandro finds that all of the above <br />Recitals are true and correct and incorporated herein by reference. <br />SECTION 2. Moratorium on Eviction for Nonpayment of Rent During the COVID-19 <br />Emergency <br />A. No landlord shall endeavor to evict a residential or mobile homeowner tenant for <br />nonpayment of rent, including but not limited to any such provision under Civil Code sections <br />798.56 et seq., 1940 et. seq., or 1954.25 et. seq., if the tenant, or mobile homeowner <br />demonstrates that the inability to pay rent is: <br /> <br />1. Due to, or arising out of a substantial decrease in household or business <br />income (including but not limited to the circumstances described in subsections i. and <br />ii.) or substantial out-of-pocket medical expenses; and <br /> <br />2. The decrease in household or business income, or out-of-pocket medical <br />expenses, was caused by the COVID-19 pandemic, or by any local, state, or federal <br />government response to COVID-19, and is documented in writing. <br /> <br />For the purposes of this Ordinance, mobile homeowner also means recreational vehicle (RV) <br />owner. <br /> i. “Substantial decrease in household income” includes but is not limited to <br />income loss caused by COVID-19 illness or caring for a household or family member with <br />COVID-19 illness, work closures, layoffs, job loss, a reduction in the number of compensable <br />hours or other economic or employer impacts of COVID-19, missing work due to a minor child’s <br />school or day care closure, compliance with government health authority orders, or other <br />similarly-caused reason resulting in loss of household income due to COVID-19, substantiated <br />with written documentation or other objectively verifiable proof of same. <br /> <br /> ii. “Substantial decrease in business income” includes, but is not limited to, <br />income loss caused by work closures, reduction in staff reporting to work, reduction in opening <br />hours, or reduction in consumer demand, compliance with government health authority orders, <br />or other similarly-caused reason resulting in loss of business income due to COVID-19, <br />substantiated with written documentation or other objectively verifiable proof of same.
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