Eviction moratoriums around the Bay Area during coronavirus pandemic: Ordinances city by city

SAN FRANCISCO (KGO) -- On March 27, 2020, in the midst of the novel coronavirus pandemic, Governor Gavin Newsom issued an executive order putting a moratorium on the eviction of renters who are affected by the coronavirus and the downturn in the economy. However, nearly every county and city in the Bay Area has their own ordinances. Here's a city-by-city look at these eviction moratoriums.

Alameda (city):
Started on March 17, Alameda's renter eviction moratorium will last 60 days. The ordinance "provides all residential tenants a defense in an eviction proceeding for failure to pay rent. Substantial loss of income includes: 1) a reduction of 20% or more of monthly gross pay; 2) extraordinary out-of-pocket medical expenses; or (3) extraordinary child care needs." Landlords are prohibited from turning off utilities.

Alameda (county):
Started on March 24, Alameda County's moratorium will last until 30 after the moratorium's start. Landlords must include a copy of the ordinance when they serve their tenants with eviction papers. Tenants then have 15 days to provide documentation of hardship. Renters are encouraged to notify their landlords on inability to pay on or before rent is due. Landlords may not retaliate or shut off utilities.

Started on March 22, Benecia's moratorium will last until May 31.Tenents must demonstrate an inability to pay within 30 days of the rent's due date; landlords cannot serve eviction notices. Rent is due in full on May 31, or 60 days afterward, whichever is later.

Tenants must inform their landlords that they have a "covered reason for delayed payment;" landlords may not evict or attempt to evict them. Tenants must pay their back rent once the state of emergency is lifted, but landlords may not charge late fees.

Started on March 25, Concord's moratorium will last until May 31. Landlords may not attempt "evictions for failure to pay rent, utilities, late fees and penalties for residential and commercial tenants." The ordinance also "establishes a 90-day repayment window for each month in arrears, beginning with the first day following the lifting of the moratorium." Landlords may not charge late fees, or raise the rent in most cases. Tenants must notify landlords seven days before rent is due.

Started on March 19, Emeryville's moratorium will last until May 31. Landlords are prohibited from evicting tenants for non-payment of rent, however: "A Landlord may only terminate the tenancy of a Residential Tenant or Residential Tenant Household for other cause, as defined in Emeryville Municipal Code sections 5-40.03 (e)(1)(ii) - (x), provided however, that the Landlord has attached a copy of the "COVID- 19 Rental Eviction Moratorium Urgency Ordinance" to the notice of termination." Commercial tenants and homeowners under HOAs are also included in the moratorium.

Started on March 27, Fremont's moratorium will last until 30 days after the state of emergency has expired. Tenants must demonstrate financial hardship on or before the date their rent is due. The moratorium does not apply to tenants already delinquent or in default. Landlords may not charge late fees. The tenant must attempt to pay as much of their rent as they can, even after the moratorium is lifted: "A landlord shall not impose late fees or serve a 5-day notice for nonpayment of rent to an affected tenant provided the following: within ninety (90) days after the expiration of the declared local emergency, tenant has repaid fifty percent (50%) of any overdue rent and expenses; and within one hundred-eighty (180) days after the expiration of the declared local emergency, tenant has repaid all outstanding overdue rent and expenses accrued during the emergency."

Started on March 27, Oakland's moratorium will last until May 31. Landlords may not evict residential tenants for non-payment, or assess late fees on paid rent if it was late due to coronavirus-related reasons. Landlords also may not raise the rent more than 3.5% during the moratorium (with some exceptions). Landlords may still evict if "the tenant poses an imminent threat to the health or safety of other occupants of the property." Renters must still pay their rent, although the ordinance does not specify any deadlines or processes.

Palo Alto:
Started on March 23, Palo Alto's moratorium will last until the city's state of emergency is lifted. Landlords may not evict tenants during this time. After the state of emergency is lifted, renters have 120 days to pay back their full back rent. Residents must notify their landlords of hardship.

Santa Clara (county):
Santa Clara County's moratorium will last until May 31. Landlords may not evict tenants who have demonstrable hardship, such as loss of income or medical expenses, stemming from the coronavirus outbreak. All past due rent is due 120 after the end of the moratorium; landlords may not assess late fees during this time.

San Francisco:
Started on March 23, San Francisco's moratorium will last until June 21. Under this moratorium, landlords may not "attempt to recover possession of a residential unit unless due to violence, threats of violence, or health and safety issues." Tenants must notify landlords of their hardship within 30 days of the rent being due -- and they must notify their landlord each time they miss a payment. Tenants are still responsible for paying the rent; San Francisco allows for a six-month repayment plan for every month of rent missed. Landlords are allowed to assess any late fees expressly written in their lease.

San Jose:
San Jose's moratorium will last until April 17. It prohibits evictions for nonpayment due to coronavirus-related issues; other just cause evictions are allowed (including evictions for delinquent rent already owed). Tenants must notify their landlords of loss of income affecting their ability to pay rent and provide documentation.

San Mateo (county):
Started on March 24, San Mateo County's moratorium will last until May 31. Landlords must serve tenants notice and include a copy of the moratorium. Tenants then have 14 days to provide documentation of coronavirus-related hardship. Tenants must pay as much of the due rent that they are able. Tenants have 90 days to pay their back rent, but may request an extension. Evictions for other reasons are allowed, but landlords cannot evict tenants solely for having been diagnosed with coronavirus.

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