• Samira Amato

COVID-19 & Banned Evictions For Nonpayment

Updated: Apr 21

TEMPORARILY BANNING EVICTIONS FOR NONPAYMENT OF RENT BY RESIDENTIAL AND COMMERCIAL REAL PROPERTY TENANTS IN SANTA CLARA COUNTY DIRECTLY IMPACTED BY THE COVID19 PANDEMIC


Pursuant to the CARES Act § 4022, beginning March 18, 2020 and for at least 60-days thereafter, a servicer of a "federally-backed loans," which means loans (for 1–4 family properties having 1-4 units ) may not initiate any foreclosure, foreclosure-related eviction, or foreclosure sale. The moratorium bars the filing of any eviction cases that are as a result of tenant's nonpayment due to financial hardship caused by COVID-19.


Pursuant to the CARES Act § 4024 during the 120-day period beginning on the date of enactment of this Act, the lessor of a covered dwelling may not file a legal action to recover possession of the covered dwelling from the tenant for nonpayment of rent or other fees or charges; or (2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent.


On March 16, 2020 Governor Gavin Newsom’s issued Executive Order staying the enforcement of eviction orders for renters (residential or commercial) impacted by Coronavirus through May 31, 2020. The order stays enforcement of evictions by the courts or law enforcement. The Order does require tenants to give the landlord notice within 7 days of the rent becoming due regarding the tenant's inability to pay all or part of the rent.


The Santa Clara County Board of Supervisors voted unanimously Tuesday, March 24, to immediately suspend all eviction through May 31, 2020 known as Ordinance No. NS-9.287.

This Ordinance applies to any tenant (residential and commercial property[1]) in Santa Clara County and unincorporated Santa Clara County who can demonstrate their failure to pay rent is related to substantial loss of income or substantial out-of-pocket medical expenses resulting from 2020 COVID-19 or any local, State, or federal government response to the pandemic.


Per this ordinance the Owner of residential or commercial property shall not terminate a tenancy for failure to pay rent if the tenant can demonstrate failure to do so is directly related to substantial loss of income or substantial out-of-pocket medical expenses resulting from 2020 Coronavirus pandemic or any local, State, or federal government response to the pandemic.


Pursuant to this Ordinance a tenant is not relieved of an obligation to pay rent. The tenant shall pay the past due rent 120 days after expiration or termination of this Ordinance. Furthermore, the Owner may not collect a late fee for rent that is delayed during this ordinance and for 120 days thereafter.


March 24, 2020, the San Mateo County Board of Supervisors adopted Emergency Regulation 2020-001, which places a temporary Countywide moratorium on evictions from residential units for non-payment of rent by tenants directly impacted by the novel coronavirus (COVID-19) pandemic.

On March 23, 2020 San Francisco County Mayor Breed passed and Order prohibiting landlord's attempt to recover possession of a residential unit unless due to violence, threats of violence, or health and safety issues. This moratorium will last for 60 days after the Mayor’s Order expires. The Order is set to expire on April 22, 2020, which means the moratorium would last until June 21, 2020, unless the Mayor extends the Expiration Date further.


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[1] For the purposes of this Ordinance Commercial Real Property means any real property that is used for business, income-producing purposes, or any purpose other than for residential use, however organized, that meets the size standard for a small business in the industry in which that entity operates as defined in the U.S. Small Business Administration's table of size standards by industry, codified at l3 C.F.R. Section 121.201


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