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13B Action
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3/21/2024 5:50:07 PM
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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 /> possession. A tenant or mobile homeowner may bring a civil suit seeking owner or <br /> landlord compliance with 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 /> <br /> Consistent with the other provisions in this ordinance, the statutory cause of action for <br /> judicial foreclosure, Code of Civil Procedure section 725a et seq.; the statutory cause of <br /> action for unlawful detainer, Code of Civil Procedure section 1161 et seq.; and any other <br /> statutory cause of action that could be used to evict or otherwise eject a residential, or <br /> mobile homeowner, or occupant of residential real property after foreclosure is hereby <br /> suspended as applied to any tenancy, or residential real property and any occupation <br /> thereof, to which a limitation on eviction is imposed pursuant to this Ordinance. <br /> <br /> Section 3. Landlord Submittal of Documentation to City <br /> <br /> Within five calendar days of receipt from a tenant of the notice and documentation <br /> required by Section 1.E., the landlord shall report to the City, on a form provided by <br /> the City, the fact that the tenant submitted to the landlord the notice and <br /> documentation required by Section 1.E. The failure of a landlord to provide the report <br /> to the City shall be grounds for enforcement under San Leandro Municipal Code Chapter <br /> 1-12. <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 <br />impact on the environment. <br /> <br />SECTION 4. SEVERABILITY If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is <br />for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not <br />affect the validity or enforceability of the remaining sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other <br />person or circumstance. The City Council of the City of San Leandro hereby declares that it <br />would have adopted each section, subsection, subdivision, paragraph, sentence, clause or <br />phrase hereof, irrespective of the fact that any one or more other sections, subsections, <br />subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or <br />unenforceable. <br /> <br />SECTION 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after <br />adoption, and remain in effect until 11:59 P.M. PST February 28, 2024, whereupon it shall <br />automatically terminate. The City Clerk is directed to publish the title once and post a complete <br />copy thereof on the City Council Chamber bulletin board for five (5) days prior to adoption.
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