CC 03-24-20 #1 SCC Board of Supervisors Eviction Moratorium Ordinance_Written CommunicationsORDINANCE NO. NS-9.287
AN UNCODIFIED URGENCY ORDINANCE
OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA CLARA
TEMPORARILY BANNING EVICTIONS FOR NON.PAYMENT OF RENT BY
RESIDENTIAL AND COMMERCIAL REAL PROPERTY TENANTS IN SANTA
CLARA COUNTY DIRECTLY IMPACTED BY THE COVID.l9 PANDEMIC,
AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY
Summary
This Urgency Ordinance imposes a temporary moratorium on
evictions in Santa Clara County for non-payment of rent by
residential and commercial real property tenants directly
impacted by the COVID-l9 pandemic and sets forth the facts
constituting such urgency.
THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA
FINDS AND DECLARES AS FOLLOWS:
WHEREAS, in late December 2019, several cases of a novel coronavirus known
as COVID-19 emerged in the Hubei province of China;
WHEREAS, on January 30,2020, the World Health Organization ("WHO")
declared COVID-l9 a Public Health Emergency of International Concern'
WHEREAS, on January 31,2020, in the wake of the spread of COVID-l9, the
United States Secretary of Health and Human Services declared a Public Health
Ernergency;
WHBREAS, on February 3,2020, the County of Santa Clara ("County") Health
Officer declared a local health emergency, and the County's Director of Emergency
Services proclairned a local emergency, to respond to the COVID-l9 pandemic and
manage its spread throughout the County;
WHEREAS, on February 10,2020, the Board of Supervisors ratified the local
health emergency and local emergency;
WHEREAS, on March 4,2020, Governor Gavin Newsom ("the Governor")
issued a Proclamation of a State of Emergency in the State of California related to the
COVID-19 pandernic;
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WHEREAS, Government Code section 8634 authorizes the County Board of
Supervisors to promulgate orders and regulations necessary to provide for the protection
of life and property during a local emergency;
WHEREAS, on March 16,2020, the County Public Health Officer issued an
order requiring County residents to shelter in place through April 7,2020, in order to stop
community spread of COVID-I9, subject to exceptions for the provision and receipt of
essential services, and this order may be continued as necessary to address the pandemic;
WHEREAS, as of 5:00 p.m. on March 21,2020, the County confirmed3}2 cases
of infection and 10 deaths from COVID-19;
WHEREAS, the COVID-19 pandemic and associated public health orders from
the County Health Officer and from the State Health Officer are expected to result in the
closure of many local businesses until at least April7 ,2020, and result in extreme
restrictions on other local businesses until then, and likely thereafter;
WHERBAS, the COVID-I9 pandemic and associated public health orders are
expected to result in a significant loss of incorne to a widespread portion of the local
population that depend on wages or business income to pay rent and may also result in
substantial rnedical expenses for certain County residents;
WHEREAS, the County is already experiencing a humanitarian crisis of
homelessness and is one of the least affordable communities in the world;
WHEREAS, the County is also experiencing a housing affordability crisis, which
is driving homelessness and displacement of residents;
WHEREAS, many of the County's renters are rent-burdened, paying over 30
percent of their income on rent, and some renters are severely rent-burdened, paying over
50 percent of their income on rent, which leaves less tnoney for families to spend on
other necessities like food, healthcare, transpottation, and education;
WHEREAS, in light of the COVID-19 pandemic and his state of emergency
Proclamation, on March 16,2020, the Governor issued an executive order suspending
any provision of state law prohibiting a local govemment from exercising its police
power to impose substantive limitations on residential or commercial evictions;
WHEREAS, without local protection, eviction notices for failure to pay rent are
likely to surge as residents and businesses are unable to earn income due to the pandernic,
or are forced to pay substantial medical expenses associated with the pandemic;
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WHEREAS, the Board has determined that it is appropriate to temporarily
prohibit evictions, through May 3 7,2020, for any tenant (residential or commercial) who
can demonstrate that they are being evicted for the failure to pay rent, and that such
failure is a direct impact of the COVID-19 pandemic;
WHEREAS, the Board has determined that adoption of such a temporary
moratorium prohibiting evictions is necessary for the protection of life and property as
described herein;
WHEREAS, this Order shall serve as an order and regulation also applicable
within the cities in Santa Clara County pursuant to Goverrunent Code section 8634 and
the regulations contained herein shall apply to all cities within Santa Clara County and
within unincorporated Santa Clara County; and
WHEREAS, there is an urgent need for the County to enact such substantive
limitations to protect the health, safety, and welfare of its residents in light of the
emergency declared regarding the COVID-19 pandemic, including but not limited to the
need to keep residents in their homes during the tirne that they need to shelter-in-place.
THB BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA
ORDAINS AS FOLLOWS:
PROHIBITION ON EVICTIONS ARISING FROM SUBSTANTIAL INCOME
LOSS OR MEDICAL EXPENSES RELATED TO THE CORONAVIRUS
PANDEMIC
SECTION 1. Scope.
This Ordinance is adopted to prohibit evictions through May 31,2020, unless
extended by action of the Board of Supervisors, which action shall not require
amendment of this Ordinance, for any tenant in Santa Clara County who can demonstrate
that they have received a notice of eviction or similar action for failure to pay rent, and
that such a failure is related to a substantial loss of income or substantial out-of-pocket
medical expenses resulting from the 2020 COVID-19 pandemic or any local, State, or
federal govemment response to the pandemic. The regulations in this ordinance shall
apply to cities within Santa Clara County and unincorporated Santa Clara County. To the
extent that the governing body of a city enacts an ordinance or adopts a regulation that is
more protective of residential and commercial tenants, such city ordinance or regulation
shall apply in place of this Ordinance.
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SECTION 2. Definitions.
For purposes of this Ordinance, the following definitions shall apply:
(a) Com,m,ercial Real Propert,y means any real property that is used for
business, income-producing purposes, or any pu{pose 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.
Srnall Business Administration's table of size standards by industry,
codified at l3 C.F.R. section l2l.20l;
(b) Owner means any natural person, partnership, corporate or fictitious entity,
acting as a lessor or sublessor, whether as a principal or through an agenI,
who receives or is entitled to receive rent in exchange for the use or
occupancy of any residential or commercial real property for rent, and
includes a predecessor in interest;
(c) Rent means the financial obligation or monetary payment a tenant owes an
owner for the occupancy or use of commercial or residential real property
whether by written or oral agreement;
(d) Residential Real Property lneans any dwelling unit that is intended or used
for human habitation;
(e) Tenancy means the lawful occupancy of residential or commercialreal
property and includes a lease or sublease;
(0 Tenant means the lawful occupant of residential or commercial real
property whether by lease or sublease.
SECTION 3. Prohibition on ctions stemmins from coronavirus nandemic
losses.
(a) Through May 3 1,2020 and any subsequent extensions approved by the
Board of Supervisors, the Owner of Residential Real Property or
Comrnercial Real Property shall not terminate a Tenancy for failure to pay
rent if the Tenant demonstrates that the failure to pay rent is directly related
to a substantial loss of income or substantial out-of-pocket medical
expenses associated with the 2020 COVID-I9 pandemic or any local, State,
or federal government response to the pandemic.
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(b) Through May 3 I,2020 and any subsequent extensions approved by the
Board of Supervisors, the Owner of Residential Real Property or
Commercial Real Property shall not terminate a Tenancy for any no-fault
cause for eviction, as those causes are defined in Civil Code Section
1946.2(b)(2), if the Tenant demonstrates that the Tenant has suffered a
substantial loss of income or substantial out-of-pocket medical expenses
associated with the 2020 COVID-19 pandemic or any local, State, or
federal govemment response to the pandemic.
(c) For this Section to apply, a Tenant mnst demonstrate through
documentation or other objectively verifiable means:
(l) Substantial loss of income from: (i) job loss; (ii) layoffs; (iii) a
reduction in the number of compensable hours of work; (iv) a store,
restaurant, office, or business closure; (v) a substantial decrease in
business income caused by a reduction in opening hours or
consurner dernand; (vi) the need to miss work to care for a home-
bound school-age child or a family tnember infected with
coronavirus; or (vii) other sirnilarly-caused loss of income, where
the conditions listed in (i) through (vii) resulted frorn the 2020
COVID-19 pandernic or related guidance or public health orders
from local, State, or federal authorities; or
(2) Substantial out-of-pocket medical expenses for themselves or their
immediate family members related to the 2020 COVID-l9
pandemic.
(3) This prohibition shall also apply to an Owner's action that
constitutes constructive eviction under California law. The Owner
shall immediately correct any conditions of the property that could
be considered to constitute cause for a constructive eviction under
California law.
(4) An Owner's failure to comply with this Ordinance shall render any
notice of termination of Tenancy, where the termination would be in
violation of this Section, void. Any notice of termination served on
a Tenant during the2020 COVID-l9 pandemic must contain the
reason for the termination of Tenancy. Any notice of termination
served on a Tenant during the2020 COVID-I9 pandemic must also
include a notice of Tenant's rights under this Ordinance as well as a
notice of emergency rental assistance programs. These notices shall
be provided on a form approved by the Santa Clara County Office of
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Supportive Housing. An Owner's failure to comply with this
Ordinance shall render any notice of termination of Tenaficy, where
the termination would be in violation of this Section, void.
(5) This Section may be asserted as an affirmative defense in an
unlawful detainer action.
(6) Nothing in this Ordinance shall relieve a Tenant of the obligation to
pay Rent, nor restrict an Owner's ability to recover Rent due.
(7) Upon expiration or termination of this Ordinance, a Tenant who
dernonstrated substantial loss of income or substantial out-of-pocket
medical expenses as required under this Ordinance shall pay all past-
due Rent within 120 days from the date of expiration of this
Ordinance.
(8) An Owner's failure to comply with this Ordinance does not
constitute a criminal offense, but will subject an Owner to civil fines
and penalties as set forth in Division A1 of the County Ordinance
Code.
(9) Whenever an Owner endeavors to recover possession or recovers
possession of Residential Real Property or Commercial Real
Property in violation of this Ordinance, retaliates against a Tenant
for the exercise of any rights under this Ordinance, or attempts to
prevent a Tenant from acquiring any rights herein, the Tenant may
institute a civil proceeding for injunctive relief, money damages of
not more than three times actual damages (including damages for
mental or emotional distress), and whatever other relief the court
deems appropriate. In the case of an award of damages for mental or
emotional distress, said award shall only be trebled if the trier of fact
finds that the Owner acted in knowing violation of or in reckless
disregard of the limitations of this Ordinance. The prevailing parly
shall be entitled to reasonable attorney's fees and costs pursuant to
order of the court.
(10) An Owner may not charge or collect alate fee for Rent that is
delayed during this Ordinance and for a period of 120 days
thereafter.
(11) For the purposes of this Ordinance, adequate documentation of lost
income or out-of-pocket medical expenses from the 2020 COYID-l9
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pandemic shall include, but not be limited to: letters from employers
citing the 2020 COVID-I9 pandemic or related govemment action
as the basis for termination of employment or reduced work,
employer paycheck stubs, bank statements, or letters or notifications
from schools in which the Tenant has a dependent enrolled regarding
COVID-1g-related closures that substantially affected the Tenant's
income. Any Tenant eligible for protection under this Ordinance can
provide documentation of lost income or out-of-pocket medical
expenses at arry time prior to execution of a judgment for possession
of their rental unit to stop such eviction from going forward.
SBCTION 4. CEOA not applicable.
This Ordinance is not subject to the California Envirorunental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15060(c)(2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in the environment) and
Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the
CEQA Guidelines, because it has no potential for resulting in physical change to the
environment, directly or indirectly).
SECTION 5. Severabilitv
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Board of Supervisors hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases may be held invalid.
SECTION 6. Effective date.
This Ordinance shall take effect immediately upon adoption by a four-fifths vote
of the Board of Supervisors as an Urgency Ordinance. This is based on the Board of
Supervisors finding that this Ordinance is adopted in compliance with Government Code
section 25123, that it is necessary for the protection of the public peace, health, or safety
for the reasons contained in the findings set forth at the beginning of this Ordinance,
which are incorporated by reference herein, and that it is necessary to prevent Santa Clara
County from suffering potentially irreversible displacement of tenants resulting frorn the
evictions that this Ordinance is designed to prevent.
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SECTION 7. Expiration. Repeal.
This Ordinance shall expire and shall be repealed as of May 3I,2020, unless
shortened or extended by the Board of Supervisors based on the existence of a local
emergency.
PASSED AND ADOPTED by the Board of Supervisors of the County of Santa
Clara, State of California, on the following vote
AYES:
NOES:
ABSENT
ABSTAIN
CINDY CHAVEZ, President
Board of Supervisors
Signed and certified that a copy of this document
has been delivered by electronic or other means to
the President, Board of Supervisors.
ATTEST:
MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Srful* wtLvtl+\vtS
JAMES R. WILLIAMS
County Counsel
2l&9425
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