San Jose Ca.Gov
File #: 21-1587    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 6/16/2021 In control: City Council
On agenda: 6/22/2021 Final action:
Title: Enact an Urgency and Companion Ordinance Implementing an Eviction Moratorium Through August 31, 2021 for Tenants Financially Impacted By COVID-19.
Attachments: 1. Memorandum, 2. Memorandum from Liccardo, Peralez & Arenas, 6/18/2021, 3. Memorandum from Carrasco & Esparza, 6/18/2021, 4. Memorandum from Cohen, 6/22/2021, 5. (b) Ordinance, 6. (c) Ordinance, 7. Presentation - 5 minutes, 8. Presentation- 5 minutes, 9. Letters from the Public

...Title

Enact an Urgency and Companion Ordinance Implementing an Eviction Moratorium Through August 31, 2021 for Tenants Financially Impacted By COVID-19.

...Recommendations

(a) Accept the staff report providing findings that support enacting a temporary moratorium through August 31, 2021 on evictions to protect tenants currently financially impacted by COVID-19 while the State and local rental assistance programs commence distribution of rental payments to the most vulnerable residents.

(b) Adopt an Urgency Ordinance enacting a temporary moratorium on no-cause evictions, and evictions due to nonpayment of rent for residential tenants, mobilehome owners and residents, who, before the notice to pay rent or quit expire:

 (1) Pay at least 50% of the July and August monthly rent; and

 (2) Provide to the property owner or manager a signed Declaration stating they are:

  (i) Currently experiencing COVID-19-related financial distress; and

  (ii) Have applied or will apply within 14 days for rental assistance.

 (3) Invoke the urgency provisions in the City Charter, as an emergency measure for the immediate preservation of the public peace, health and/or safety, to include additional provisions protecting against eviction of a tenant for nonpayment of rent, if that tenant meets the criteria listed in the ordinance regarding COVID-19.

PLEASE NOTE: APPROVAL OF THIS URGENCY ORDINANCE REQUIRES 8 OR MORE AFFIRMATIVE VOTES. City Charter Section 605(d).

(c) Approve a Companion Ordinance through August 31, 2021 enacting a temporary moratorium on no-cause evictions, and evictions due to nonpayment of rent for residential tenants, mobilehome owners and residents, who, before the notice to pay rent or quit expire:

 (1) Pay at least 50% of July and August monthly rent; and

 (2) Provide to the property owner or manager signed Declaration stating they are:

  (i) Currently experiencing COVID-19-related financial distress; and

  (ii) Have applied or will apply within 14 days for rental assistance.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Housing)      

[Rules Committee referral 6/16/2021 - Item A.1.a]