Here are guidelines for resolutions to protect tenants from eviction:
California-wide eviction ban:
On April 6, California Courts issued an emergency rule targeting evictions and foreclosures that “effectively stops all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency,” according to the Western Center on Law & Poverty.
On Friday, March 27, Gov. Gavin Newsom issued an executive order that bans residential evictions statewide.**
Details of the order include:
- The Executive Order applies to tenants who, prior to March 27, 2020, have paid rent due to their landlord.
- The tenant must notify the landlord, in writing, prior to the date rent is due or within 7 days after.
- Failure to pay rent must be because:
- A tenant has fallen sick or is caring for a family member who is suspected or confirmed to have the Coronavirus;
- A tenant has lost a job or experienced reduced hours or pay cuts because of the Coronavirus; or
- A tenant has missed work to care for a child amid Coronavirus school closures.
- Tenants must provide monthly documentation of hardship to the landlord by the time unpaid rent is due. Accepted documentation includes:
- termination notices
- payroll checks
- pay stubs
- bank statements
- medical bills
- signed letters or statements from an employer or supervisor
- The order is in effect through May 31, 2020.
- This order applies to tenants renting a residence or dwelling.
* PLEASE NOTE:
- The governor’s order delays eviction proceedings for those who qualify, but does not bar them outright. You could still face eviction after the order ends.
- You will still have to pay the full rent amount after the order ends “in a timely manner.”
- The statewide EO does not override greater protections afforded by local city and county rules, but provides at minimum, some protections to residential tenants across the state. Some local ordinances require tenants to notify landlords in writing before rent is due and provide documentation up front.
- Read about Sacramento-area cities’ and counties’ orders here: https://www.sacbee.com/news/coronavirus/article241480466.html
For commercial tenants, eviction protections include loss of income due to the tenant’s closure of, operating restrictions placed upon, or other loss of patronage of the tenant’s business directly resulting from:
- The state-declared emergency, locally declared emergency, or county stay-at-home order; or
- Any other emergency declarations or orders related to COVID-19.
- NOTE: You must notify your landlord in writing before rent is due each month you are impacted and provide documentation; you can use this form. You will be expected to cover as much as possible of the rent, depending on your financial situation.
To find out more about rent payback and other info, please view the city’s FAQ.
Elk Grove Moratorium on Evictions:
The city has adopted its own moratorium on evictions and some utilities shutoffs for commercial and residential tenants.
- Who’s eligible?
- Tenants within the city boundaries who have experienced a household or business income loss of 20% or more, or those who can demonstrate losses of 20% of their income to medical bills related to COVID-19.
- You must notify your landlord before rent is due each month you are impacted and provide documentation.
- You will be expected to cover as much as possible of the rent, depending on your financial situation.
- You have up to 120 days to make up your rent after the ordinance expires.
- Elk Grove businesses with at least $25 million in gross sales don’t qualify for the protection. Franchisees are excluded from this rule.
- City utilities shutoffs and penalties for late payments are banned, if a resident can demonstrate a coronavirus-related hardship.