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Eviction Moratorium

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STATEWIDE EVICTION MORATORIUM DUE TO COVID-19 Pandemic EFFECTIVE IMMEDIATELY

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More information for landlords about the eviction moratorium is available here.

Last updated December 16, 2020 at 9:45 p.m.

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On August 31, the State of California enacted the Tenant, Homeowner, and Small Landlord Relief Act (AB 3088). AB 3088’s Tenant Relief Act creates eviction protections for tenants experiencing COVID-19 financial hardship effective immediately. This new State law supersedes the City of Mountain View's residential eviction moratorium. Tenants are protected by, and tenants and landlords must follow, the State’s requirements and not the City’s, including the eviction moratorium extension approved by Council on August 25, 2020.

 

 

A PDF of the webinar presentation is available here.

An infographic about the moratorium is available here.

A fact sheet about the moratorium for tenants is available here.

A fact sheet about the moratorium for homeowners and small landlords is available here.

For more information regarding the temporary eviction moratorium call the Mountain View Rental Housing Helpline at (650) 282-2514 or email csfra@housing.org.

Summary of the State’s program and requirements under the Tenant Relief Act

On August 31, the State of California enacted the Tenant, Homeowner, and Small Landlord Relief Act (AB 3088). AB 3088’s Tenant Relief Act creates eviction protections for tenants experiencing COVID-19 financial hardship effective immediately. All residential properties in Mountain View are covered, including single-family homes, condos/townhomes, duplexes, apartments, mobile homes and mobile home spaces and other types of residential rental units. Please note this new State law supersedes the City of Mountain View's residential eviction moratorium, including the eviction moratorium extension just approved by Council on August 25, 2020. This means tenants are protected by, and tenants and landlords must follow, the State’s requirements and not the City’s.

Residential tenants receive eviction protection for nonpayment of rent due between March 1, 2020 and January 31, 2021.

  • For rents due between March 1, 2020 and August 31, 2020
    • Tenants experiencing COVID-19-related financial hardship who are unable to pay part or all of their rent between March 1, 2020, and August 31, 2020 cannot be evicted for failure to pay rent as long as they sign and return a Declaration of COVID-19-related financial distress (Declaration) to the landlord within 15 days of receiving a Declaration form from the landlord.
  • For rents due between September 1, 2020 and January 31, 2021
    • Tenants experiencing COVID-19-related financial hardship who are unable to pay part or all of their rent between September 1, 2020, and January 31, 2021, cannot be evicted for failure to pay rent as long as they sign and return a Declaration of COVID-19-related financial distress (Declaration) to the landlord within 15 days of receiving a Declaration form from the landlord, AND, on or before January 31, 2021, the tenant pays at least 25% of the total rental payments that are due between September 1, 2020, and January 31, 2021.

No late fees may be assessed on past-due rent covered by the Tenant Relief Act. Tenants are protected from retaliatory evictions: This means that if a landlord alleges other grounds for eviction, but the grounds are a pretext to remove a tenant that has not paid rent due to a COVID-19 hardship, the landlord could be subject to penalties. Specifically, the tenant may stay in the unit and seek actual damages, punitive damages, and attorneys’ fees from the landlord. Any landlord who uses self-help tactics (“constructive eviction”) (e.g., changing locks, shutting off utilities, disposing of tenants’ personal property, etc.) to remove a residential tenant who has not paid rent due to a COVID-19 hardship can be subject to fines of up to $2,500 plus damages.

The Tenant Relief Act prohibits retaliation or harassment against impacted tenants for invoking their rights under the State law.

Tenants seeking relief under the Tenant Relief Act must:

  1. Determine Eligibility
    • Tenants are eligible for help under the Tenant Relief Act if they meet any of the following:
      • Loss of income caused by the COVID-19 pandemic
      • Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic
      • Increased expenses directly related to the health impact of the COVID-19 pandemic
      • Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit a tenant’s ability to earn income
      • Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic
      • Other circumstances related to the COVID-19 pandemic that have reduced a tenant’s income or increased a tenant’s expenses
  2. Notify their Landlord of Hardship
    • Within 15 days of receiving a demand for unpaid rent from their landlord, tenants must provide a “hardship declaration” form notifying their landlord that they are experiencing hardship caused by COVID-19
    • Tenants may use a form to notify their landlord of their hardship and need for relief
    • The hardship declaration form must contain specific language and be provided under penalty of perjury
      • A sample form is available here
      • Un formulario de ejemplo está disponible aquí
      • 这里有一份表格样本
        •
    • Tenants who make over 130% of the Area Median Income are considered “high-income” under the Tenant Relief Act. A landlord may request additional documentation to prove that a “high-income” tenant has a hardship caused by COVID-19
      • If you are, or think you might be, a high-income tenant, click here for more information about how to determine if you are considered “high-income” and to learn the requirements for landlords when requesting this information

  3. Pay back the Past-Due Rent
    • For rents due between March 1, 2020 and August 31, 2020
      • Tenants are required to pay past due rent by March 1, 2021
      • Tenants cannot be evicted for related non-payment of rent, but do need to notify their landlord of hardship as stated above
      • If tenants do not pay back the required rent by March 1, 2021, landlords can take tenants to small claims court to recover the unpaid rent after that date
    • For rents due between September 1, 2020 and January 31, 2021
      • Tenants are required to pay 25% of the rent due between September 1, 2020 and January 31, 2021; if tenants do not pay 25% of the rent due, they can be evicted for nonpayment of rent after January 31, 2021
      • Tenants are required to pay any remaining past due rent by March 1, 2021
      • Tenants cannot be evicted for related non-payment of rent if they have paid at least 25% of the rent due between September 1, 2020 and January 31, 2021, as described above
      • Tenants also must notify their landlord of hardship as stated above
      • If tenants do not pay back the required rent by March 1, 2021, landlords can take tenants to small claims court to recover the unpaid rent after that date

EVICTION NOTICING REQUIREMENTS

The Tenant Relief Act provides specific requirements for landlords to follow regarding when unlawful detainer actions may be brought and what notice is required, including:

  • COVID-19 Temporary Eviction Moratorium/Relief
    • Are residential tenants in Mountain View protected from eviction during the COVID-19 public health crisis?

      On August 31, the State of California enacted the Tenant, Homeowner, and Small Landlord Relief Act (AB 3088). AB 3088’s Tenant Relief Act creates eviction protections for tenants experiencing COVID-19 financial hardship effective immediately. All residential properties in Mountain View are covered, including single-family homes, condos/townhomes, duplexes, apartments, mobile homes and mobile home spaces and other types of residential rental units. Please note this new State law supersedes the City of Mountain View's residential eviction moratorium, including the eviction moratorium extension just approved by Council on August 25, 2020.  This means tenants are protected by, and tenants and landlords must follow, the State’s requirements and not the City’s.

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