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13B Action
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/21/2023
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<br /> <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- <br /> 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 <br /> child’s school or day care closure, compliance with government health authority orders, <br /> or other similarly-caused reason resulting in loss of household income due to COVID-19, <br /> substantiated with 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 <br /> hours, or reduction in consumer demand, compliance with government health authority <br /> orders, or other similarly-caused reason resulting in loss of business income due to <br /> COVID-19, substantiated with written documentation or other objectively verifiable <br /> proof of same. <br /> <br /> D. A landlord who knows that a tenant or mobile homeowner cannot pay some or <br /> all of the rent temporarily for the reasons set forth above shall not serve a notice <br /> pursuant to Code of Civil Procedure sections 1161 or 1162, as applicable, file or <br /> prosecute an unlawful detainer action based on a three-day pay or quit notice, or <br /> otherwise seek to evict for nonpayment of rent. <br /> <br /> E. A landlord knows of a tenant’s or mobile homeowner’s inability to pay rent <br /> within the meaning of this Ordinance if the tenant or mobile homeowner, within 30 <br /> days after the date that rent is due, notifies the landlord in writing of tenant’s or mobile <br /> homeowner’s inability to pay full rent because of a substantial decrease in household or <br /> business income or out-of-pocket medical expenses was caused by the COVID-19 <br /> pandemic, or by any local, state, or federal government response to COVID-19, and <br /> provides documentation to support the claim. Any medical or financial information <br /> provided to the landlord shall be held in confidence, and only used for evaluating the <br /> tenant’s or mobile homeowner’s claim. <br /> <br /> F. Nothing in this Ordinance relieves the tenant or mobile homeowner of liability <br /> for the unpaid rent, which the landlord may seek after the expiration of this Ordinance, <br /> and the tenant or mobile homeowner must pay within one hundred eight (180) days of <br /> the date of expiration of this Ordinance, unless a state law or order is amended or <br /> adopted providing for a longer period, in which case this subsection shall be so <br /> 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 <br /> reasons 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
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