TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Quinn Barrow, City Attorney
SUBJECT:Title
Consideration of Eviction Protections During the COVID-19 Pandemic (City Attorney Barrow).
DISCUSS AND PROVIDE DIRECTION
Line
_________________________________________________________
Recommended Action
RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction regarding the potential repeal or modification of the City's eviction protections for residential and commercial tenants.
EXECUTIVE SUMMARY:
The City Council may repeal or make modifications to the City's emergency eviction protections for residential and commercial tenants. If the City's Ordinance is repealed, the following emergency eviction protections would remain intact:
* The County's eviction protections: "residential and commercial tenants, including mobile home space renters, may not be evicted for COVID-19 related nonpayment of rent as well as no-fault reasons, denying entry to a landlord, nuisance, or unauthorized occupants or pets - if related to COVID-19." Please note County regulations of residential tenants facing eviction for nonpayment of rent due to COVID-19 related financial hardship are preempted by state law until April 1, 2022.
* Assembly Bill (AB) 832's additional restrictions on unlawful detainer actions: which - among other things - prohibit a court from issuing a summons for an unlawful detainer complaint based on nonpayment of rent coming due from March 1, 2020, until March 31, 2022, unless a landlord demonstrates that appropriate efforts were made to obtain government rental assistance. These restrictions remain in effect until March 31, 2022.
Parsing and reconciling the different eviction restriction threads resulting from the COVID-19 pandemic are not easy tasks. Nevertheless, this report summarizes recent developments and their impact, if any, upon the City.
BACKGROUND:
Pursuant to the Brown Act, the Cit...
Click here for full text