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13C Action
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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 />B. A landlord who knows that a tenant or mobile homeowner cannot pay some or all <br />of the rent temporarily for the reasons set forth above shall not serve a notice pursuant to <br />Code of Civil Procedure sections 1161 or 1162, as applicable, file or prosecute an unlawful <br />detainer action based on a three-day pay or quit notice, or otherwise seek to evict for <br />nonpayment of rent. <br /> <br />C. A landlord knows of a tenant’s or mobile homeowner’s inability to pay rent within <br />the meaning of this Ordinance if the tenant or mobile homeowner, within 30 days after the <br />date that rent is due, notifies the landlord in writing of tenant’s or mobile homeowner’s <br />inability to pay full rent because of a substantial decrease in household or business income or <br />out-of-pocket medical expenses was caused by the COVID-19 pandemic, or by any local, state, <br />or federal government response to COVID-19, and provides documentation to support the <br />claim. Any medical or financial information provided to the landlord shall be held in confidence, <br />and only used for evaluating the tenant’s or mobile homeowner’s claim. <br /> <br />D. Nothing in this Ordinance relieves the tenant or mobile homeowner of liability for <br />the unpaid rent, which the landlord may seek after the expiration of this Ordinance, and the <br />tenant or mobile homeowner must pay within 365 days, unless a state law or order is amended <br />or adopted providing for a longer period, in which case this subsection shall be so superseded. <br /> <br />E. A landlord may not charge or collect a late fee for rent that is delayed for the <br />reasons stated in this Ordinance, nor may a landlord seek rent that is delayed for the reasons <br />stated in this Ordinance through the eviction process. <br /> <br />F. This Ordinance may be asserted as an affirmative defense in any unlawful detainer <br />action or other action brought by an owner or landlord to recover possession. A tenant or <br />mobile homeowner may bring a civil suit seeking owner or landlord compliance with any <br />provisions of this Ordinance. <br /> <br />G. This Ordinance relates to Urgency Ordinance No. 2020-003 that was immediately <br />effective upon its adoption pursuant to City of San Leandro Municipal Code section 1-1-345(b) <br />on March 23, 2020. Ordinance No. 2020-003 remains in effect until the expiration of the local <br />emergency or the Governor's proclamation of a state of emergency, whichever is later. If this <br />Ordinance is adopted, upon its effective date it shall supersede Ordinance No. 2020-003 to the <br />extent applicable. <br /> <br />H. Sections (A)-(C) of this Ordinance shall terminate upon the expiration of the local <br />emergency or the Governor's proclamation of a state of emergency, whichever is later. <br /> <br /> <br />SECTION 3. ENVIRONMENTAL REVIEW. Adoption of this Ordinance is exempt from further <br />review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA guidelines <br />Section 15061(b)(3). As an amendment allowing tenants and mobile home owners more time <br />to make past due rent payments, it can be seen with certainty that this Ordinance will have no
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