REPORT TO COUNCIL
SUBJECT
Title
Action on an Urgency Ordinance Establishing a Temporary 45-day Moratorium on Evictions for the Non-payment of Rent and No-Fault Evictions for Residential Tenants with incomes affected by the novel coronavirus (COVID-19), approval of an Ordinance to establish the eviction regulations for a longer term and Related Budget Amendment
Report
BACKGROUND
On February 10, 2020, the Santa Clara County Public Health Officer declared a public health emergency in Santa Clara County from COVID-19 and on March 4, 2020, the Governor declared a State of Emergency in California due to the threat of COVID-19. After additional directives from federal, state, and local health officials, many events were cancelled, schools were closed, and residents were advised to avoid public gatherings and stay home to prevent spread of the virus. On March 16, 2020, the Health Officer of the County of Santa Clara directed all individuals living in the county to shelter at their place of residence except to provide or receive essential services. The County Health Officer further directed all business and governmental agencies to cease non-essential operations at physical locations in the county. Shortly thereafter, on March 19, 2020, the Governor ordered that the entire state of California to shelter in place until further notice.
The loss of wages caused by the effects of COVID-19 will impact many Santa Clara residents' ability to pay rent in a timely manner, leaving tenants vulnerable to eviction and homelessness. For all residential renters facing eviction due to the nonpayment of rent, the ordinance creates an affirmative defense if they can demonstrate a substantial loss in income as a result of any of the following: 1) job loss; 2) a reduction of compensated hours of work; 3) employer's business closure; 4) missing work due to a minor child's school closure; or 5) other similarly-caused reason resulting in a loss of income due to COVID-19 that resulted ...
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