HomeMy Public PortalAbout02) 5A - Staff Report - County Eviction Moratorium discussion staff report 4812-9457-2485 v.1MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: July 29, 2020
TO: The Honorable City Council
FROM: Gregory Murphy, City Attorney
SUBJECT: DISCUSSION OF COUNTY EVICTION MORATORIUM AND POTENTIAL
RESPONSE TO COUNTY REQUEST FOR COMMENTS
RECOMMENDATION:
It is recommended that the City Council:
1.Discuss the County of Los Angeles’ eviction moratorium and tenant protections
and the County’s request for incorporated cities to provide feedback on the
County’s proposed terms; and
2.Give direction regarding whether the City of Temple City wishes to provide a formal
response or take a position on the County’s moratorium .
BACKGROUND:
1.On March 16, 2020, Governor Newsom issued Executive Order N-28-20 that aided
Californians affected by COVID-19 by authorizing local governments to halt
evictions for renters, encouraging financial institutions to slow foreclosures, and
protecting renters and homeowners against utility shutoffs, with the authority to do
so elapsing on May 31, 2020.
2.On March 19, 2020, Kathryn Barger, Chair of the Los Angeles County Board of
Supervisors issued an Executive Order prohibiting residential and commercial
evictions in the unincorporated portions of the County under certain circumstances
related to COVID-19.
3.On March 27, 2020 Governor Newsome issued Executive Order N-37-20 placing a
Statewide moratorium on evictions of residential tenants arising from nonpayment
of rent due to circumstances related to COVID-19; this order and N-28-20 have
been interpreted by the Governor to allow more restrictive orders by local
governments.
AGENDA
ITEM 5.A.
City Council
July 7, 2020
Page 2
4. On March 31, 2020, the City adopted Urgency Ordinance No. 20-1041U providing
certain eviction protection for residential and commercial tenants as a result of
financial impacts resulting from the COVID-19 pandemic. The City’s ordinance
mirrored the County of Los Angeles order providing similar protection for tenants in
the unincorporated portions of the County to ensure that residents of the City
would have the same level of protection as that provided in the County.
5. On July 7, 2020, the City Council adopted Urgency Ordinance No. 20-1045U,
clarifying that “no fault” evictions under the City’s moratorium apply solely to
situations in which COVID-19 financial effects have been proven by tenants and
setting September 30 as the termination date for the moratorium, meaning that
March 30, 2021 would be soonest that evictions arising from COVID-related
financial effects could commence.
6. On July 21, the County Board of Supervisors voted to extend the County’s
moratorium through September 30. The Supervisors also directed County Staff to
study whether the County’s moratorium should serve as a “baseline” in
incorporated cities, meaning that the County moratorium would supersede any city
moratorium that gave lesser protections to tenants.
ANALYSIS:
As a result of the COVID-19 public health emergency, the initial precautions
recommended by health authorities, and the State and County Safer at Home orders
requiring residents to stay at home and requiring “non -essential” businesses to close
and essential businesses to curtail operations, many residential and commercial tenants
in the City have experienced sudden income loss. Continued economic impacts are
anticipated even with the gradual reopening of some sectors of the economy, leaving
some tenants unable to pay rent and therefore vulnerable to eviction.
At the meeting of July 7, the City Council discussed the City’s eviction moratorium. The
Council considered the socioeconomic makeup of Temple City, the effects of the
existing moratorium within the City, and the balance between the immediate financial
needs of tenants and the longer-term risk to landlords. After discussing the item, the
City Council voted to adopt Urgency Ordinance No. 20-1045U with changes to reflect
that balance as applied to the tenants and landlords of Temple City.
On July 21, the County of Los Angeles was scheduled to hear a modification to its
eviction moratorium and tenant protections. The modification would have done two
things: (a) extend the life of the moratorium until S eptember 30, and (b) make the
County’s eviction protections the “baseline” for tenants throughout the County, even in
incorporated cities. The Supervisors voted to extend the life of the moratorium, but on
the motion of Supervisor Barger directed staff to study the effects of making the
County’s protections the “baseline” in incorporated cities.
City Council
July 7, 2020
Page 3
It should be noted that the County’s other protections, including a ban on rent increases,
are not proposed to be applied in incorporated cities. It should also be noted that the
various Supervisors spoke specifically about protecting commercial tenants, about
having consistency for tenants throughout the County, about understanding the nature
of different localities having different issues, and about studying whe ther setting a
“baseline” would affect a great number of incorporated cities and if so, in what ways.
On July 23, County staff reached out to the City “to understand how your city would feel
if this particular provision were to be enacted” and get any City input or comments. As
the eviction moratorium was the subject of substantial City Council discussion and
represents a policy determination by the City Council, staff seeks direction from the City
Council on whether to respond to County staff, and if so what the substance of the
response should be.
The City Council is asked to consider the various policy and legal issues involved in
having the County’s moratorium serve as a “baseline” in the City and direct staff as to a
response to the County, if any.
CITY STRATEGIC GOALS:
Review of this matter and direction to staff would align with the City’s strategic goal of
good governance.
FISCAL IMPACT:
There is no fiscal impact arising from this matter.
ATTACHMENTS:
A. Urgency Ordinance No. 20-1045U
B. County Eviction Moratorium, draft July 21, 2020
ATTACHMENT A
ORDINANCE NO. 20-1045U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY MODIFYING THE CITY’S TEMPORARY PROHIBITION
ON EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS
ARISING OUT OF FINANCIAL IMPACTS OF THE COVID-19
PANDEMIC
WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a state of emergency within
the State of California ("State") due to the threat posed by Novel Coronavirus ("COVID-19");
WHEREAS, on March 4, 2020, the Los Angeles County Health Officer issued a Declaration of
Local Health Emergency due to the introduction of COVID-19 cases to Los Angeles County;
WHEREAS, on March 4, 2020, Los Angeles County Board of Supervisors ("Board") concurred and
issued a Proclamation ("Proclamation") declaring a local emergency within the County of Los Angeles
regarding the imminent spread of COVID-19;
WHEREAS, on March 16, 2020, Governor Newsom issued an Executive Order that will aid
Californians affected by COVID-19 by authorizing local governments to halt evictions for renters,
encouraging financial institutions to slow foreclosures, and protecting renters and homeowners against
utility shutoffs;
WHEREAS, on March 19, 2020 Governor Newsom issued an Executive Order that requires all
persons to remain at home to the extent possible and requires all non-essential businesses to be closed;
WHEREAS, on March 19, 2020, Kathryn Barger, Chair of the Los Angeles County Board of
Supervisors issued an Executive Order prohibiting residential and commercial evictions in the
unincorporated portions of the County under certain circumstances related to COVID-19; which order has
twice been modified by the Board of Supervisors to extend its scope and its duration;
WHEREAS, on March 21, 2020 the Los Angeles County Department of Public Health issued a
clarifying Safer at Home order, requiring all persons to remain at home to the extent possible, unless
engaged in essential businesses;
WHEREAS, on March 27, 2020 Governor Newsome issued an Executive Order placing a
Statewide moratorium on evictions of residential tenants arising from nonpayment of rent due to
circumstances related to COVID-19, but that has been interpreted by the Governor to allow more restrictive
orders by local governments;
WHEREAS, businesses that are temporarily closed by the Safer at Home orders are not generating
tax revenues needed for public services, and evictions and replacement of such tenants will further delay
generation of tax revenues once the Safer at Home orders are lifted. Further, even businesses that continue
in operation as “Essential Businesses” such as restaurants, are still subject to reductions in income as a
result of the “Safer at Home” orders;
WHEREAS, California Government Code section 8630 et seq. authorize the City to declare a local
emergency, which the City Council did at an emergency meeting on March 13, 2020;
WHEREAS, California Government Code sections 8634, 36934 and 36937 authorize the City
Council to take action by ordinance to take effect immediately for the preservation of the public peace,
health or safety when adopted by a four-fifths vote of the City Council;
WHEREAS, as a result of the COVID-19 public health emergency and the precautions
recommended by health authorities, many residential and commercial tenants in the City have experienced
Ordinance No. 20-1045U
Page 2 of 4
or expect to experience sudden and unexpected income loss;
WHEREAS, further economic impacts are anticipated, leaving residential and commercial tenants
potentially unable to pay rent and vulnerable to eviction;
WHEREAS, during this local emergency, and in the interest of protecting the public health and
preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, and
prevent housed individuals from falling into homelessness;
WHEREAS, during this local emergency, and in the interest of protecting the public health and
welfare, it is essential to avoid unnecessary loss of commercial tenants that could create long-term
vacancies in commercial areas leading to blight and a loss of important community amenities even after
the emergency has ended;
WHEREAS, on March 31, 2020 the City Council did take action to adopt Ordinance No. 20-1041U,
a moratorium that prohibits evictions of residential and commercial tenants during the local emergency that
was consistent with the original moratorium adopted by the County of Los Angeles;
WHEREAS, the term of the moratorium is set to be through May 31, 2020 or until such time as the
State of California and Los Angeles County public health orders are lifted, whichever is later;
WHEREAS, those public health orders have been substantially modified to allow many businesses
to resume operations (albeit in a modified fashion) but the orders do not currently appear to be approaching
any end date such that termination date for the City’s moratorium cannot be predicted;
WHEREAS, some jurisdictions that have adopted similar moratoria have clarified certain language
in the moratoria to ensure that only tenants affected by COVID-19 are offered the protections thereof, as a
means by which to balance the moratoria’s impacts on tenants with their impacts on landlords;
WHEREAS, on June 2 the City Council considered the status of the moratorium and directed that
clarifying language be drafted to balance the moratorium’s impacts on tenants and landlords and that an
investigation into a suitable end date for the moratorium be carried out in order to provide certainty to
tenants and landlords within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. A temporary moratorium on eviction for non-payment of rent by residential or commercial
tenants impacted by the COVID-19 crisis is imposed as set forth herein; Ordinance No. 20-1041U is hereby
superseded and therefore rescinded and of no further force or effect.
SECTION 2. From the date of this Ordinance through its expiration, as set forth herein, in response to
COVID-19 no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates
that the tenant is unable to pay rent due to Financial Impacts related to COVID-19.
SECTION 3. A landlord who knows or is deemed to know that a tenant cannot pay some or all of the rent
temporarily for the reasons set forth above in Section 2 shall not serve a notice pursuant to CCP 1161(2),
file or prosecute an unlawful detainer action based on a 3-day pay or quit notice, or otherwise seek to
evict for nonpayment of rent.
SECTION 4. A landlord shall be deemed to know of a tenant’s inability to pay rent within the meaning of
this Ordinance if the tenant, within 7 days after the date that rent is due, notifies the landlord in writing and
provides sufficient documentation that the tenant is unable to pay rent due to Financial Impacts related to
COVID-19. For purposes of this Ordinance, “in writing” includes email or text communications to a
landlord or the landlord’s representative with whom the tenant has previously corresponded by email or
Ordinance No. 20-1045U
Page 3 of 4
text, as well as traditional written communication. Any medical or financial information provided to the
landlord shall be held in confidence, and only be used for evaluating the tenant’s claim.
SECTION 5. Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent, nor restrict a
landlord’s ability to recover rent due nor alter any obligations or rights of a landlord or tenant except as
expressly set forth herein. A tenant shall not be deemed in default of rent payment obligations unless the
Tenant fails to tender rent payments which were unpaid due to Financial Impacts related to COVID-19,
within 6 months of September 30, 2020. A landlord shall not impose, charge, or collect a late fee or
equivalent surcharge for any rent payments which were unpaid due to Financial Impacts related to COVID-
19. Tenants and landlords are encouraged to agree to a payment plan during this six-month period, but
nothing in this Ordinance shall be construed to prevent a tenant from paying a landlord any amount due
incrementally during this six-month period. Any three-day notices to pay or quit or no-fault eviction notices
served prior to the effective date of this ordinance, but not yet expired, are automatically deemed served
upon the conclusion of the Moratorium Period if arising from Financial Impacts related to COVID-19.
SECTION 6. For purposes of this Ordinance, “Financial Impacts related to COVID-19” (“Financial Impact”)
include nonpayment of rent arising out of a substantial decrease in household or business income
(including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction
in the number of compensable hours of work, or a substantial decrease in business income caused by a
reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses, or a
tenant’s lost household income as a result of caring for minor children affected by school, pre-school and/or
childcare closures; provided that, the Financial Impact was caused by the COVID-19 pandemic, or by any
local, state or federal government response to COVID-19, and is documented by the tenant.
SECTION 7. This Ordinance applies only to terminations of tenancies for nonpayment of rent arising
from Financial Impacts related to COVID-19, including eviction notices, no-fault eviction notices as defined
herein, and unlawful detainer actions based on such notices, served or filed during the effective period of
this Ordinance and for six months thereafter. For purposes of this Ordinance, “no-fault eviction notices”
refer to any eviction for which the notice to terminate tenancy is not based on alleged fault by the tenant
but for which a tenant can show Financial Impacts related to COVID-19 and can show that the landlord
knew or was deemed to know about the Financial Impacts related to COVID-19 pursuant to this Ordinance
prior to initiating termination proceedings.
SECTION 8. In the event of a violation of this Ordinance, this Ordinance grants a defense to eviction where
an unlawful detainer action is commenced in violation of this Ordinance. Additionally, an aggrieved tenant
may institute a civil proceeding for injunctive relief, money damages of not less than three times actual
damages, and whatever other relief the court deems appropriate. The prevailing party shall be entitled to
reasonable attorney's fees and costs pursuant to ordinance of the court. The remedy available under this
section shall be in addition to any other existing remedies which may be available to the tenant under local,
state or federal law.
SECTION 9. This Ordinance shall be in force and effect until September 30, 2020. Should the Governor,
the State or Federal Legislature, or the President issue an order or regulation on the topic of this Ordinance
which provides eviction protection that applies Statewide or nationwide, this Ordinance shall be of no further
force or effect.
SECTION 10. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this chapter which
can be implemented without the invalid provisions, and to this end, the provisions of this chapter are
declared to be severable. The City Council hereby declares that it would have adopted this ordinance and
each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional
or otherwise unenforceable.
SECTION 11. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to
be published by title and summary in the manner required by law.
Ordinance No. 20-1045U
Page 4 of 4
SECTION 12. For the reasons set forth above in the recitals, this Ordinance is an urgency ordinance and
shall take effect immediately upon adoption by a 4/5 vote of the City Council, due to the immediate need to
protect the public health, safety and welfare.
Signed and approved this 7th day of July, 2020.
Thomas Chavez, Mayor
ATTEST:
Peggy Kuo, City Clerk Gregory Murphy, City Attorney
I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City
of Temple City at its meeting held on the 7th day of July, 2020 by the following vote:
AYES: Councilmember: Man, Vizcarra, Yu, Chavez
NOES: Councilmember: None
RECUSED: Councilmember: Sternquist
ABSTAIN: Councilmember: None
Peggy Kuo, City Clerk
MOTION
SOLIS __________________________
RIDLEY-THOMAS __________________________
KUEHL __________________________
HAHN __________________________
BARGER __________________________
AGN. NO.____
MOTION BY SUPERVISORS SHEILA KUEHL AND HILDA SOLIS July 21, 2020
Extending Eviction Moratorium Through September 30, 2020 and Establishing
County’s Eviction Protections as Baseline in Incorporated Cities
The County of Los Angeles continues to face an unprecedented public health
and economic crisis due to the novel coronavirus (COVID-19) pandemic. The Board
has responded with a series of emergency orders to provide timely and necessary relief
to tenants facing socio-economic and health impacts due to the COVID-19 pandemic.
On March 19, 2020, the Chair of the Board of Supervisors (Board) issued an Executive
Order imposing a temporary moratorium on evictions for non-payment of rent by
residential or commercial tenants impacted by COVID-19 in the unincorporated areas,
commencing March 4, 2020, through May 31, 2020, and further extended through July
31, 2020 (Eviction Moratorium). This Board has determined to reevaluate the exte nsion
of the Eviction Moratorium every thirty (30) days.
Further, on June 30, 2020, Governor Newsom extended the timeframe for the
protections set forth in Executive Order N-28-20, that authorized local governments to
halt evictions for renters impacted by the COVID-19 pandemic, through September 30,
2020.
ATTACHMENT B
However, as emergency protections are reinstated and businesses closed, many
tenants may find themselves in deeper financial debt, resulting in a likely surge of
evictions for nonpayment of rent. Further complicating matters is the uncertainty about
the length and depth of the pandemic. These unpredictable conditions continue to
impact the regional and economic recovery efforts centered on fluctuating public health
stay-at-home orders. Many workers remain unemployed and underemployed, while
businesses on the brink of re-opening are once again forced to close due to recent
spikes in the number of coronavirus cases in the County and rolling back on reopening
of businesses statewide. Consequently, it is estimated that over 360,000 tenant
households in Los Angeles are in imminent danger of eviction displacement with the
lifting of eviction moratoria. The Board will not be able reevaluate the County's Eviction
Moratorium until the September 15, 2020 Board meeting, as such, it is determined that
an emergency continues to exist within the County, threatening the lives, property and
welfare of its constituents, thereby creating the need to extend the Moratorium Period
through September 30, 2020.
Additionally, the County's Eviction Moratorium differs from some of the local
moratoria adopted by incorporated cities. In some instances, the County's Eviction
Moratorium is more comprehensive and offers greater tenant protections to help tenants
remain housed while the applicable stay-at-home order and other public health orders
are in place. To help ensure greater consistency among the jurisdictions, while
maximizing tenant protections during this public health crisis, the County's eviction
protections should be established as the baseline for all incorporated cities within Los
Angeles County even in cities that have local eviction moratoria, if they do not include
the same or greater tenant protections as the County's Eviction Moratorium.
For the foregoing reasons, the Board of Supervisors finds it is in the public's
interest to prevent the displacement of tenants in the County due to the COVID -19
pandemic to the extent permitted by law.
WE THEREFORE MOVE that the Board of Supervisors adopt the attached
Resolution further amending and restating the Executive Order to extend the County's
Eviction Moratorium through September 30, 2020, unless further extended or repealed
by the Board, and establishing the County's eviction protections as the baseline for all
incorporated cities within Los Angeles County to the extent that the cities' eviction
moratoria do not include the same or greater tenant protections as the provisions of the
County's Eviction Moratorium.
S:MR/ExtendingEvictionMoratoriumThroughSeptember30,2020AndEstablishingCounty’sEvictionProtectionsAsBaselineInIncorporate
dCities
HOA 102929855_4 1
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES FURTHER AMENDING AND RESTATING THE EXECUTIVE ORDER
FOR AN EVICTION MORATORIUM DURING EXISTENCE OF A LOCAL
HEALTH EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID -19)
WHEREAS, on March 4, 2020, the Chair of the Los Angeles County Board of
Supervisors ("Board") proclaimed, pursuant to Chapter 2.68 of the Los Angeles County
Code, and the Board ratified that same day, the existence of a local emergency because
the County of Los Angeles ("County") is affected by a public calamity due to conditions of
disaster or extreme peril to the safety of persons and property arising as a result of the
introduction of the novel coronavirus ("COVID-19") in Los Angeles County;
WHEREAS, also on March 4, 2020, the County Health Officer determined that
there is an imminent and proximate threat to the public health from the introduction of
COVID-19 in Los Angeles County, and concurrently declared a Local Health Emergency;
WHEREAS, ensuring that all people in the County continue to have access to
running water during this public health crisis will enable compliance with public health
guidelines advising people to regularly wash their hands, maintain access to clean
drinking water, help prevent the spread of COVID -19, and prevent or alleviate illness or
death due to the virus;
WHEREAS, ensuring that all customers in the County that receive power services
from Southern California Edison and Southern California Gas Company (collectively,
"Public Utilities") continue to have access to electricity so they are able to receive
important COVID-19 information, keep critical medical equipment functioning, and utilize
power, as needed, will help to prevent the spread of COVID -19 and prevent or alleviate
illness or death due to the virus;
WHEREAS, on March 13, 2020, the Public Utilities announced that they will be
suspending service disconnections for nonpayment and waiving late fees, effective
immediately, for residential and business customers impacted by the COVID -19
emergency;
WHEREAS, on March 16, 2020, Governor Newsom issued Executive Order N-28-
20 that authorizes local governments to halt evictions of renters, encourages financial
institutions to slow foreclosures, and protects renters and homeowners against utility
shutoffs for Californians affected by COVID-19;
WHEREAS, on March 19, 2020, the Chair of the Board issued an Executive Order
("Executive Order") that imposed a temporary moratorium on evictions for non -payment
of rent by residential or commercial tenants impacted by COVID-19 ("Moratorium"),
commencing March 4, 2020 through May 31, 2020 ("Moratorium Period");
WHEREAS, on March 21, 2020, due to the continued rapid spread of COVID -19
and the need to protect the community, the County Health Officer issued a revised Safer
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at Home Order for Control of COVID-19 ("Safer at Home Order") prohibiting all events
and gatherings and closing non-essential businesses and areas until April 19, 2020;
WHEREAS, on March 27, 2020, Governor Newsom issued Executive Order N-37-
20 extending the period for response by tenants to unlawful detainer actions and
prohibiting evictions of tenants who satisfy the requirements of Executive Order N-37-20;
WHEREAS, on March 31, 2020, the Board ratified the Chair's Executive Order and
amended the ratified Executive Order to include a ban on rent increases in the
unincorporated County to the extent permitted by State law and consistent with Chapter
8.52 of the County Code;
WHEREAS, on April 6, 2020, the California Judicial Council, the policymaking
body of the California courts, issued eleven temporary emergency measures, of which
Rules 1 and 2 effectively provide for a moratorium on all evictions and judicial
foreclosures;
WHEREAS, on April 14, 2020, the Board further amended the Executive Order to:
expand the County's Executive Order to include all incorporated cities with the County;
include a temporary moratorium on eviction for non -payment of space rent on
mobilehome owners who rent space in mobilehome parks; include a ban on rent
increases in the unincorporated County to the extent permitted by State law and
consistent with Chapters 8.52 and 8.57 of the County Code; and enact additional policies
and make additional modifications to the Executive Order;
WHEREAS, COVID-19 is causing, and is expected to continue to cause, serious
financial impacts to Los Angeles County residents and businesses, including the
substantial loss of income due to illness, business closures, loss of employment, or
reduced hours, impeding their ability to pay rent;
WHEREAS, displacing residential and commercial tenants who are unable to pay
rent due to such financial impacts will worsen the present crisis by making it difficult for
them to comply with the Safer at Home Order, thereby placing tenants and many others
at great risk;
WHEREAS, while it is the County's public policy and intent to close certain
businesses to protect public health, safety and welfare, the County recognizes that the
interruption of any business will cause loss of, and damage to, the business. Therefore,
the County finds and declares that the closure of these businesses is mandated for the
public health, safety and welfare; the physical loss of, and damage to, businesses is
resulting from the shutdown; and these businesses have lost the use of their property and
are not functioning as intended;
WHEREAS, because homelessness and instability can exacerbate vulnerability
to, and the spread of, COVID-19, the County must take measures to preserve and
HOA 102929855_4 3
increase housing security and stability for Los Angeles County residents to protect public
health;
WHEREAS, a County-wide approach to restricting displacement is necessary to
accomplish the public health goals of limiting the spread of the COVID -19 virus as set
forth in the Safer at Home Order;
WHEREAS, based on the County's authority during a state of emergency pursuant
to Government Code section 8630 et seq. and Chapter 2.68 of the County Code, the
County may issue orders to all incorporated cities within the County to provide for the
protection of life and property, where necessary to preserve the public order and safety;
WHEREAS, due to the continued, rapid spread of COVID-19 and the need to
preserve life and property, the County has determined that continued evictions in the
County and all of its incorporated cities during this COVID-19 crisis would severely impact
the health, safety and welfare of County residents;
WHEREAS, loss of income as a result of COVID-19 may hinder County residents
and businesses from fulfilling their financial obligations, including paying rent and making
public utility payments, such as water and sewer charges;
WHEREAS, on May 12, 2020, the Board approved, and delegated authority to the
Chair to execute, an Amended and Restated Executive Order that extends the
Moratorium Period through June 30, 2020, unless further extended or repealed by the
Board, and incorporates additional provisions, subject to approval as to form by County
Counsel;
WHEREAS, on May 12, 2020, the Board determined to reevaluate the Executive
Order every thirty (30) days to consider further extensions;
WHEREAS, on June 23, 2020, the Board extended the Moratorium Period through
July 31, 2020;
WHEREAS, on June 30, 2020, Governor Newsom issued Executive Order N-71-
20, extending the timeframe for the protections set forth in Executive Order N-28-20, that
authorized local governments to halt evictions for renters impacted by the COVID -19
pandemic, through September 30, 2020;
WHEREAS, in the interest of public health and safety, as affected by the
emergency caused by the spread of COVID-19, it is necessary for the Board to adopt this
Resolution Further Amending and Restating the Executive Order for an Eviction
Moratorium ("Resolution") related to the protection of life and property;
WHEREAS, the Board determined that an emergency continues to exist within the
County threatening the lives, property and welfare of the County and its constituents ; and
HOA 102929855_4 4
WHEREAS, to help ensure greater consistency among the jurisdictions, while
maximizing tenant protections during this public health crisis, the County's eviction
protections should be established as the baseline for all incorporated cities within Los
Angeles County even in cities that have their own local eviction moratoria, if they do not
include the same or greater tenant protections as the County's Moratorium.
NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES DOES HEREBY PROCLAIM, RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
I. This Amended and Restated Executive Order incorporates all aspects, restrictions,
and requirements of the Moratorium adopted by the Board , as ratified and
amended on March 31, 2020, April 14, 2020, May 12, 2020 , June 23, 2020, and
July 21, 2020.
II. The Moratorium Period is extended until September 30, 2020, unless further
extended or repealed by the Board. The Board will reevaluate the need for further
extensions every thirty (30) days.
III. A temporary moratorium on evictions for non-payment of rent by residential or
commercial tenants, or space rent by mobilehome owners, impacted by the
COVID-19 crisis is imposed as follows:
a. Commencing March 4, 2020 through September 30, 2020, unless further
extended or repealed by the Board, no residential or commercial property
owner or mobilehome park owner (individually as "Landlord" and collectively
as "Landlords") shall evict a residential or commercial tenant or mobilehome
space renter (individually as "Tenant" and collectively as "Tenants") in the
unincorporated County, and all incorporated cities within the County, for: (1)
nonpayment of rent, late charges, interest, or any other fees accrued if the
Tenant demonstrates an inability to pay rent and/or such related charges
due to financial impacts related to COVID-19, the state of emergency
regarding COVID-19, or following government-recommended COVID-19
precautions, and the Tenant has provided notice to the Landlord within
seven (7) days after the date that rent and/or such related charges were
due, unless extenuating circumstances exist, that the Tenant is unable to
pay; or (2) reasons amounting to a no-fault eviction under the County Code,
unless necessary for health and safety reasons. Cities that have local
eviction moratoria in place are exempt from this Moratorium, except that this
Moratorium shall apply to residential tenants, mobilehome space renters,
and commercial tenants, respectively, in incorporated cities within the
County whose local eviction moratoria does not address residential tenants,
mobilehome space renters, or commercial evictions, and effective July 21,
2020, does not include the same or greater tenant protections as the
provisions of this Moratorium.
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1. "Financial impacts" means substantial loss of household income or loss
of revenue or business for Tenants due to business closure, increased
costs, reduced revenues, or other similar reasons impacting a
business's ability to pay rent due, loss of compensable hours of work or
wages, layoffs, or extraordinary out-of-pocket medical expenses.
2. A financial impact is "related to COVID-19" if it was a result of any of the
following: (a) a suspected or confirmed case of COVID-19, or caring for
a household or family member who has a suspected or confirmed case
of COVID-19; (b) lay-off, loss of compensable work hours, or other
reduction or loss of income or revenue resulting from business closure
or other economic or employer impacts of COVID-19; (c) compliance
with a recommendation from the County's Health Officer to stay at home,
self-quarantine, or avoid congregating with others during the state of
emergency; (d) extraordinary out-of-pocket medical expenses related to
diagnosis and testing for and/or treatment of COVID-19; or (e) child care
needs arising from school closures related to COVID-19.
b. No Landlord shall initiate an eviction proceeding during the Moratorium
Period for nuisance or for unauthorized occupants or pets whose presence
is necessitated by or related to the COVID-19 emergency. A commercial
tenant includes, but is not limited to, a Tenant using a property as a storage
facility for commercial purposes.
c. “No-fault eviction” refers to any eviction for which the grounds for
terminating tenancy is not based on any alleged fault by the Tenant,
including, but not limited to, those stated in Code of Civil Procedure section
1161 et seq., and Chapters 8.52 and 8.57 of the County Code.
d. Consistent with the provisions of this Paragraph III, this Moratorium applies
to nonpayment eviction notices, no-fault eviction notices, rent increase
notices, and unlawful detainer actions, served and/or filed, on or after March
4, 2020.
e. Commercial tenants with nine (9) employees or fewer, residential tenants,
and mobilehome space renters shall have twelve (12) months to repay their
Landlords for any amounts due and owing. Commercial tenants with ten
(10) or more, but fewer than 100, employees shall have six (6) months to
repay their Landlords for any amounts due and owing, in equal installments,
unless the commercial tenant and Landlord agree to an alternate payment
arrangement. This repayment shall begin at the conclusion of the
Moratorium Period, as it may be further extended or repealed by the Board.
Tenants and Landlords are encouraged to agree on a payment plan during
this Moratorium Period, and nothing herein shall be construed to prevent a
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Landlord from requesting and accepting partial rent payments, or a Tenant
from making such payments, if the Tenant is financially able to do so.
f. Commercial tenants with nine (9) employees or fewer, residential tenants,
and mobilehome space renters may provide, and Landlords must accept, a
self-certification of inability to pay rent, and are required to provide notice to
the Landlord to this effect within the time-frame specified in this Paragraph
III.
g. Landlords, and those acting on their behalf, are prohibited from harassing
or intimidating Tenants for acts or omissions by Tenants permitted under
this Moratorium.
h. This Moratorium addresses the County's public policy and intent to close
certain businesses to protect public health, safety and welfare, and the
County recognizes that the interruption of any business will cause loss of ,
and damage to, the business. Therefore, the County finds and declares that
the closure of these businesses is mandated for the public health, safety
and welfare, the physical loss of, and damage to, businesses is resulting
from the shutdown, and these businesses have lost the use of their property
and are not functioning as intended.
i. Commencing June 1, 2020, commercial tenants that are multi-national,
publicly-traded, or have more than 100 employees, are excluded from the
protections of this Moratorium.
j. The Director of the Department of Consumer and Business Affairs
("DCBA"), or his designee, shall issue guidelines to aid in the
implementation of the Moratorium, including but not limited to guidance
regarding the ways in which Tenants can certify they are entitled to
protection under the Moratorium, appropriate supporting documentation for
Tenants not entitled to self-certify under the Moratorium, notice
requirements, and procedures for utilizing dispute resolution services
offered by DCBA, among other clarifications.
IV. Landlords shall not increase rents for residential units and mobilehome spaces in
the unincorporated County during the Moratorium Period, to the extent otherwise
permitted under State law and consistent with Chapters 8.52 and 8.57 of the
County Code.
V. Landlords shall not impose any new pass-throughs otherwise permitted under
Chapters 8.52 and 8.57 of the County Code, or charge interest or late fees on
unpaid rent or other amounts otherwise owed, during the Moratorium Period.
Landlords are prohibited from retroactively imposing or collecting any such
amounts following the termination of the Moratorium.
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VI. The Los Angeles County Development Authority ("LACDA"), acting in its capacity
as a local housing authority for the County, shall extend deadlines for housing
assistance recipients and applicants to deliver records or documents related to
their eligibility for programs, to the extent those deadlines are within the discretion
of the LACDA.
VII. The Director of DCBA, in collaboration with the Chief Executive Office ("CEO"),
shall offer assistance to the State Department of Bu siness Oversight to engage
financial institutions to identify tools to be used to afford County residents relief
from the threat of residential foreclosure and displacement, and to promote
housing security and stability during this state of emergency.
VIII. Grocery stores, gas stations, pharmacies and other retailers are requested to
institute measures to prevent panic buying and hoarding essential goods,
including, but not limited to, placing limits on the number of essential items a
person can buy at one time, controlling entry to stores, and ensuring those at
heightened risk of serious complications from COVID-19 are able to purchase
necessities.
IX. The Director of DCBA, in collaboration with the CEO and the Acting Director of
Workforce Development, Aging, and Community Services ("WDACS"), shall
convene representatives of utility and other service providers to seek a
commitment from the providers to waive any late fees and forgo service
disconnections for Tenants and small businesses who are suffering economic loss
and hardship as a result of the COVID-19 pandemic.
X. The Director of DCBA, the Acting Director of WDACS, and the Acting Executive
Director of LACDA shall jointly establish an emergency office dedicated to
assisting businesses and employees facing economic instability as a result of the
COVID-19 pandemic. The joint emergency office shall be provided all of the
necessary resources by DCBA and WDACS, and should include opening a
dedicated hotline to assist businesses and employees, web -based and text-based
consultations, and multilingual services. The County shall provide technical
assistance to businesses and employees seeking to access available programs
and insurance, and shall work directly with representatives from the State and
federal governments to expedite, to the extent possible, applications and claims
filed by County residents.
XI. The Director of DCBA and the Acting Executive Director of LACDA shall assist
small businesses in the unincorporated areas in applying for U.S. Small Business
Administration ("SBA") loans that the President announced on March 12, 2020.
SBA’s Economic Injury Disaster Loans offer up to $2 million in assistance for a
small business. These SBA loans can provide vital economic support to small
businesses to help overcome the temporary loss of revenue they are experiencing.
HOA 102929855_4 8
XII. The Acting Executive Director of LACDA, or his designee, are hereby delegated
authority to amend existing guidelines for any of its existing federal, State or
County funded small business loan programs, including the Community
Development Block Grant ("CDBG") matching funds, and to execute all related
documents to best meet the needs of small businesses being impacted by COVID -
19, consistent with guidance provided by the U.S. Economic Development
Administration in a memo dated March 16, 2020 to Revolving Loan Fund ("RLF")
Grantees for the purpose of COVID-19 and temporary deviations to RLF
Administrative Plans, following approvals as to form by County Counsel.
XIII. The Acting Director of WDACS shall work with the State of California, Employment
Development Department, to identify additional funding and technical assistance
for dislocated workers and at-risk businesses suffering economic hardship as a
result of the COVID-19 pandemic. Technical assistance shall include, but not
necessarily be limited to: assistance for affected workers in applying for
unemployment insurance, disability insurance and paid family leave; additional
business assistance for lay-off aversion and rapid response; and additional
assistance to mitigate worker hardship as a result of reduced work hours or job
loss due to the COVID-19 pandemic.
XIV. The Director of DCBA and the Acting Director of WDACS, in collaboration with the
CEO and the Acting Executive Director of LACDA, shall create a digital toolkit for
small businesses and employees to assist them in accessing available resources,
including, but not limited to, disaster loans, unemployment insurance, paid family
leave, disability insurance, and layoff aversion programs.
XV. The CEO’s Center for Strategic Partnerships, in collaboration with the DCBA and
its Office of Immigrant Affairs, and the Acting Director of WDACS, shall convene
philanthropic partners to identify opportunities to enhance resources available to
all small business owners and employees who may be unable or fearful to access
federal and State disaster resources, including immigrants.
XVI. The Executive Director of the Office of Immigrant Affairs, the CEO’s Women + Girls
Initiative, and the Department of Public Health’s Center for Health Equity shall
consult on the above directives to provide an immigration, gender, and health
equity lens to inform the delivery of services and outreach.
XVII. The Director of DCBA, the Acting Director of WDACS, and the Acting Executive
Director of LACDA, or their respective designees, shall have the authority to hire
and execute contracts for consultants, contractors, and other services, as needed,
to provide consumer protection and support small businesses during the stated
emergency to accomplish the above directives.
XVIII. Violation of Paragraphs III, IV, or V of this Amended and Restated Executive Order
shall be punishable as set forth in Chapter 2.68 of the County Code. In addition,
this Amended and Restated Executive Order grants an affirmative defense in the
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event that an unlawful detainer action is commenced in violation of said
Paragraphs.
XIX. That this Resolution shall take effect immediately upon its passage. Except as
otherwise indicated, all provisions stated herein shall apply commencing March 4,
2020, and shall remain in effect until September 30, 2020, unless extended or
repealed by the Board of Supervisors, or its designee.
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XX. This Resolution Further Amending and Restating the Executive Order supersedes
all previously issued resolutions and executive orders concerning an eviction
moratorium or rent freeze within the County. It shall be superseded only by a duly
enacted ordinance or resolution of the Board or a further executive order issued
pursuant to Section 2.68.150 of the County Code.
The foregoing Resolution Further Amending and Restating the Executive Order for
an Eviction Moratorium was adopted on the ____ day of ___________ 2020, by the Board
of Supervisors of the County of Los Angeles.
Board of Supervisors of the
County of Los Angeles
By______________________________
Chair
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By: ______________________
Deputy