San Jose Ca.Gov
File #: 20-399    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 3/23/2020 In control: City Council
On agenda: 4/7/2020 Final action:
Title: Actions Related to the Moratorium on Evictions for Nonpayment of Rent for Small Business Tenants Financially Impacted by the Novel Coronavirus (COVID-19).
Attachments: 1. Memorandum, 2. Presentation, 3. (b) Ordinance, 4. (c) Ordinance, 5. (d) Resolution

...Title

Actions Related to the Moratorium on Evictions for Nonpayment of Rent for Small Business Tenants Financially Impacted by the Novel Coronavirus (COVID-19).

...Recommendations

(a) Accept staff’s report and support the Santa Clara County Board of Supervisors’ decision to adopt an Urgency Ordinance establishing a moratorium on evictions for nonpayment of rent for small business tenants financially impacted by the novel coronavirus ("COVID-19").

OR

(b) Adopt an urgency ordinance that establishes a moratorium on non-payment of rent evictions for small business commercial tenants whose business was financially impacted 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 the eviction of a commercial 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) Approve an ordinance that establishes a moratorium on non-payment of rent evictions for small business tenants whose business was financially impacted by the novel coronavirus (COVID-19). Specifically, the ordinance would:

(1) Temporarily prohibit the eviction of small business tenants 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 adoption of a resolution declaring the commencement and making findings regarding COVID- 19 and that such moratorium would expire in thirty days unless extended.

(d) Adopt a resolution declaring the commencement of a thirty-day temporary moratorium on evictions due to nonpayment of rent for small business commercial tenants where the failure to pay rent results from the financial impacts of COVID-19 upon the business and setting forth the facts constituting such urgency. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Economic Development)