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File #: 20-358    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 3/12/2020 In control: City Council
On agenda: 3/17/2020 Final action:
Title: Actions Related to a Moratorium on Evictions and Income Loss Due to COVID-19.
Attachments: 1. Memorandum, 2. Presentation, 3. (a) Ordinance, 4. (b) Ordinance, 5. (c) Resolution, 6. Memorandum 3/9/2020 from Diep, 7. Memorandum 3/9/2020 from Foley, 8. Memorandum 3/9/2020 from Arenas, 9. Memorandum 3/10/2020 from Carrasco, 10. Memorandum from Jones and Carrasco, 3/13/2020, 11. Letters from the Public

...Title

Actions Related to a Moratorium on Evictions and Income Loss Due to COVID-19.

....Recommendations

(a) Approve an ordinance that establishes a moratorium on non-payment of rent evictions for tenants with incomes affected by the novel coronavirus (COVID-19). Specifically, the ordinance would:

1. temporarily prohibit the eviction of a residential tenant for non-payment of rent, if that tenant meets the criteria listed in the ordinance regarding COVID-19; and

2. Provide that the moratorium will commence upon the Council’s adoption of a resolution declaring the commencement and making findings regarding COVID-19 and that such moratorium would expire in thirty days unless extended.

(b) Adopt an urgency ordinance that establishes a moratorium on non-payment of rent evictions for tenants with incomes affected by the COVID-19 virus. Specifically, the ordinance would:

1. Invoke the urgency provisions in the City Charter, as an emergency measure for immediate preservation of the public peace, health or safety, to temporarily prohibit eviction of a tenant for nonpayment of rent, if that tenant meets the criteria listed in the ordinance regarding COVID 19; and

2. Provide that the moratorium will commence upon the Council’s adoption of a resolution declaring the commencement and making findings regarding COVID-19 and that such moratorium would expire in thirty days unless extended.

Please note: Approval of this urgency ordinance requires 8 or more affirmative votes (2/3)

(c) Adopt a resolution declaring the commencement of a thirty-day temporary moratorium on evictions due to nonpayment of rent for residential tenants where the failure to pay rent results from income loss resulting from COVID-19, and setting forth the facts constituting such urgency.

(d). Discuss and direct the City Attorney to return with an ordinance and urgency ordinance that establishes a moratorium for non-payment of rent for small business tenants with incomes affected by the COVID-19 virus.

(e). Discuss creating a funding pool and/or budget changes for San José residential tenants and small businesses for those impacted by the COVID-19 virus.

CEQA: Not a Project, PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant impact on the environment, and PP17-007, Preliminary direction to staff and eventual action requires approval from decision-making body. (Mayor)