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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 />WHEREAS, nothing in this ordinance relieves a tenant or mobile home owner of liability for the <br />unpaid accumulated rent, and <br />WHEREAS, nothing in this ordinance prevents a tenant from being evicted for breach of <br />contract, endangerment of life or property, the Ellis Act (Govt. Code Section 7060 et seq.), or <br />reasons other than accumulated unpaid rent due to the effects of the COVID-19 pandemic; 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 due to COVID-19 serves the public peace, health, welfare and safety in <br />San Leandro. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LEANDRO, DOES HEREBY ORDAIN <br />AS FOLLOWS: <br />SECTION 1. Findings The City Council of the City of San Leandro finds that <br />all Recitals are true and correct and incorporated herein by reference. <br />SECTION 2. Ordinance <br />The City Council hereby makes the findings contained herein and hereby adopts this uncodified <br />Ordinance to read as follows. <br />Section 1. Moratorium on Eviction for Nonpayment of Rent to Address the Effects <br /> of COVID-19 after the Lifting of the Local State of Emergency <br />A. During the term of this Ordinance, no landlord shall endeavor to evict a <br />residential tenant and mobile homeowner for nonpayment of rent, including but not limited to <br />any such provision under Civil Code sections 798.56 et seq., 1940 et. seq., or 1954.25 et. seq., if <br />the tenant, or mobile homeowner 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 B and C) <br />or substantial out-of-pocket medical expenses; and <br /> <br />2. The decrease in household or business income, or the substantial out-of- <br />pocket medical expenses, was caused by the COVID-19 pandemic, or by any local, state, <br />or federal 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 />B. “Substantial decrease in household income” includes but is not limited to income <br />loss caused by COVID-19 illness or caring for a household or family member with COVID-19 <br />illness, work closures, layoffs, job loss, a reduction in the number of compensable hours or
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