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Packet 20230214 Special
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3/21/2024 5:49:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/14/2023
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<br /> <br />other economic or employer impacts of COVID-19, missing work due to a minor child’s school <br />or day care closure, compliance with government health authority orders, or other similarly- <br />caused reason resulting in loss of household income due to COVID-19, substantiated with <br />written documentation or other objectively verifiable proof of same. <br /> <br />C. “Substantial decrease in business income” includes, but is not limited to, income <br />loss caused by work closures, reduction in staff reporting to work, reduction in opening hours, <br />or reduction in consumer demand, compliance with government health authority orders, or <br />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. <br /> <br />D. 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 />E. 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 />F. 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 one hundred eight (180) days of the date of <br />expiration of this Ordinance, unless a state law or order is amended or adopted providing for a <br />longer period, in which case this subsection shall be so superseded. <br /> <br />G. 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 />H. This Ordinance may be asserted as an affirmative defense in any unlawful <br />detainer action or other action brought by an owner or landlord to recover possession. A <br />tenant or mobile homeowner may bring a civil suit seeking owner or landlord compliance with <br />any provisions of this Ordinance. <br /> <br />Section 2. Moratorium on Judicial Foreclosures To Address the Effects of the <br /> COVID-19 Emergency after the Lifting of the Local State of Emergency <br />
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