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3/21/2024 5:53:12 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2023
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PERM
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1. Due to, or arising out of a substantial decrease in household or business income (including <br />but not limited to the circumstances described in subsections B and C) or substantial out-of- <br />pocket medical expenses; and <br /> <br />2. The decrease in household or business income, or the substantial out-of-pocket medical <br />expenses, was caused by the COVID-19 pandemic, or by any local, state, or federal government <br />response to COVID-19, and is documented in writing. <br /> <br />For the purposes of this Ordinance, mobile homeowner also means recreational vehicle (RV) owner. <br /> <br />B. “Substantial decrease in household income” includes but is not limited to income loss caused <br />by COVID-19 illness or caring for a household or family member with COVID- 19 illness, work closures, <br />layoffs, job loss, a reduction in the number of compensable hours or other economic or employer <br />impacts of COVID-19, missing work due to a minor child’s school or day care closure, compliance with <br />government health authority orders, or other similarly-caused reason resulting in loss of household <br />income due to COVID-19, substantiated with written documentation or other objectively verifiable <br />proof of same. <br /> <br />C. “Substantial decrease in business income” includes, but is not limited to, income loss caused <br />by work closures, reduction in staff reporting to work, reduction in opening hours, or reduction in <br />consumer demand, compliance with government health authority orders, or other similarly-caused <br />reason resulting in loss of business income due to COVID-19, substantiated with written <br />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 of the rent <br />temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil Procedure <br />sections 1161 or 1162, as applicable, file or prosecute an unlawful detainer action based on a three- <br />day pay or quit notice, or 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 within the <br />meaning of this Ordinance if the tenant or mobile homeowner, within 30 days after the date that rent <br />is due, notifies the landlord in writing of tenant’s or mobile homeowner’s inability to pay full rent <br />because of a substantial decrease in household or business income or out-of-pocket medical expenses <br />was caused by the COVID-19 pandemic, or by any local, state, or federal government response to <br />COVID-19, and 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 tenant’s or <br />mobile homeowner’s claim. <br /> <br />F. Nothing in this Ordinance relieves the tenant or mobile homeowner of liability for the unpaid <br />rent, which the landlord may seek after the expiration of this Ordinance, and the tenant or mobile <br />homeowner must pay within one hundred eight (180) days of the date of expiration of this Ordinance, <br />unless a state or otherwise applicable law or order is amended or adopted providing for a longer <br />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 reasons stated in
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