REPORT TO COUNCIL
SUBJECT
Title
Action on Adoption of Ordinance No. 2015 Adding Chapter 8.65 of the City Code ("Emergency Evictions Protection") Related to the Temporary 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) [Council Pillar: Deliver and Enhance High Quality Efficient Services and Infrastructure]
Report
BACKGROUND
At the April 7, 2020 Council meeting, proposed Ordinance No. 2015 was introduced and passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2015 was published on April 15, 2020, and copies were posted in three public places.
DISCUSSION
The proposed Ordinance provides a temporary protection for tenants from eviction for the non-payment of rent and no-fault evictions for residential tenants with incomes affected by COVID-19. The legislation will apply to all residential tenants renting in a building or portion of a building that is used as a home, residence or sleeping place in Santa Clara for periods in excess of seven days.
The Ordinance may be activated by City Council resolution for 30-day periods. While the Ordinance is activated, a landlord may not terminate or attempt to terminate the tenancy of a tenant for (1) the non-payment or delayed payment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19; or (2) a no-fault eviction unless necessary for the health and safety of tenants, neighbors, or the landlord. The tenant may argue as an affirmative defense in an unlawful detainer action that they are an Affected Tenant by providing documentation to the landlord verifying substantial lost income. Examples of documentation may include, but are not limited to, a letter from employer citing COVID19 as a reason for reduced work hours or termination, employer paycheck stubs, or bank statements. A landlor...
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