HomeMy Public PortalAboutUrgency Ord. 1733 URGENCY ORDINANCE NO. 1733
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
ENACTING A MORATORIUM ON EVICTIONS FOR RENTERS AND
OWNERS OF RESIDENTIAL AND COMMERCIAL PROPERTIES IN THE
CITY
WHEREAS, in late December 2019, several cases of unusual pneumonia began
to emerge in the Hubei province of China, and on January 7, 2020, a novel coronavirus
now known as COVID-19 was identified as the source of the illness; and
WHEREAS, scientific evidence indicates that COVID-19 is highly contagious, and
since first discovered COVID-19 has spread globally to over 190 countries, areas, and
territories, infecting more than 370,000 persons and killing more than 16,000 individuals
worldwide; and
WHEREAS, the first case of COVID-19 in the United States was confirmed in late
January, and over the ensuing two (2) months the pandemic spread throughout the United
States creating a significant health risk to residents, causing the closure of schools across
the country, bringing the national and local economies to a standstill, and threatening to
overwhelm healthcare facilities; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom proclaimed a
"state of emergency" throughout the State in response to COVID-19, and in furtherance
of this proclamation has issued several Executive Orders that include extraordinary
measures directed at slowing the spread of COVID-19 and reducing impacts to residents
and businesses; and
WHEREAS, on March 15, 2020, the Governor Newsom released statewide
guidance, urging the highest risk of population (individuals who are 65 years or older, or
have compromised immune system) to self-isolate at home; and
WHEREAS, on March 16, 2020, the President of the United States issued "The
President's Coronavirus Guidelines for America: 15 Days to Slow the Spread" which
recommended, and among other things, social distancing and gathering guidelines
intended to slow the spread of the illness; and
WHEREAS, as of March 24, 2020, California reported.a total of 2,186 positive
cases of COVID-19, and as of March 19, 2020, Governor Newsom advised that half of
California's population could be infected over the next eight (8) weeks; and
WHEREAS, the widespread and community transmission of COVID-19, has
created conditions that are likely to be beyond the control of local resources and require
the combined forces of other political subdivisions to combat; and
WHEREAS, the City of Lynwood's ability to mobilize local resources, coordinate
interagency response, accelerate procurement of vital supplies, use mutual aid, and seek
future reimbursement by the State and Federal governments will be critical to successfully
responding to COVID-19; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued
Executive Order No. 28-20, which suspended any provision of state law that would
preempt or otherwise restrict a local governments' exercise of its police power to impose
substantive limitations on residential or commercial evictions; and
WHEREAS, given these conditions, pursuant to the California Emergency
Services Act, Chapter 2-18 of the Lynwood Municipal Code, and Article XI, Section 7 of
the California Constitution, on March 16, 2020, the City Council for the City of Lynwood
held an "emergency" special meeting to update the local community on the COVID-19
crisis, and adopted a Resolution and Public Order proclaiming a "local emergency,"
allowing prompt response to emergency conditions at the local level, and providing the
City access to federal, state, and local resources during the crisis. The Public Order
established that no landlord shall evict a residential tenant during the local emergency
period if the tenant is able to show an inability to pay rent due to circumstances related to
the COVID-19 pandemic. The Public Order provides tenants shall have up to six months
following the expiration of the local emergency period to repay any and all back rent due;
and
WHEREAS, the Resolution and Public Order further required that all individuals,
organizations, and business entities are hereby required to comply and adhere to all
federal, state, and local orders and directives within the City's jurisdiction and boundaries
relating to COVID-19; and
WHEREAS, on March 19, 2020, in an unprecedented step to slow the spread of
COVID-19, Governor Newsom issued Executive Order No. 33-20 ordering all California
residents and businesses to stay and work at home for an indeterminate period of time,
at least through April 19, 2020, with the only exceptions from this order being essential
services and industries; and
WHEREAS, the City Council has reconsidered the conditions giving rise to the
"local emergency" proclamation made on March 16, 2020, and has determined that the
conditions giving rise to the local emergency continue to exist, and in fact have become
more dire since the original public order and resolution were made; and
WHEREAS, the City Council finds this Ordinance is a temporary moratorium
intended to promote stability and fairness within the residential and commercial rental
markets in the City during the COVID-19 pandemic outbreak, and to prevent avoidable
homelessness thereby serving the public peace, health, safety, and public welfare and to
enable tenants in the City whose income and ability to work is affected due to COVID-19
to remain in their homes; and
WHEREAS, the City Council further finds and declares as a result of sudden and
unexpected income loss by residents, as well as the precautions recommended by public
health officials to avoid or postpone group events, this Ordinance is necessary to avoid
unnecessary displacement of commercial businesses, the stability of which is conducive
to public health; and
WHEREAS, the City Council further finds during the COVID-19 pandemic
outbreak, affected tenants who have lost income due to impact on the economy or their
employment may be at risk of homelessness if they are evicted for non-payment as they
will have little or no income and thus be unable to secure other housing if evicted; and
WHEREAS, the City Council further finds and declares that it is necessary and
appropriate to adopt this Ordinance as an urgency measure, pursuant to Article XI,
Section 7, of the California Constitution and Government Code section 36937, given that
displacement through eviction destabilizes the living and business situation of tenants
and impacts the health of Lynwood's residents by uprooting children from schools,
disrupting the social ties and networks that are integral to citizens'welfare and the stability
of communities within the City; displacement through eviction creates undue hardship for
tenants through` additional relocation costs, stress and anxiety, and the threat of
homelessness due to the lack of alternative housing; the ability to stay indoors is
necessary to prevent the spread of COVID-19 and protect the public health and safety;
which justify adoption of this Ordinance as an urgency measure to be effective
immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred,
and the City Council has duly considered all evidence presented in connection with its
consideration of this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the recitals of this Ordinance are true and correct,
and incorporated into this Ordinance as substantive findings.
Section 2. This Ordinance is adopted as an urgency measure pursuant to
Government Code Section 36937 for the immediate preservation of the public health,
safety, and welfare, and is adopted and justified based on the findings of the City Council
in the Recitals of this Ordinance, which are supported by substantial evidence in the
record associated with the City Council's consideration hereof.
Section 3. A Moratorium on eviction for non-payment of rent by residential
tenants and commercial tenants impacted by the COVID-19 pandemic is imposed as
set forth herein.
Section 4. During the period of local public local emergency declared in response
to COVID-19:
A. No landlord shall endeavor to evict a residential tenant in either of the
following situations:
1. For nonpayment of rent if the tenant demonstrates that the tenant is
unable to pay rent due to financial impacts related to COVID-19 or
2. For a no-fault eviction if any member of the household is sick, in
isolation, or under quarantine. For purposes of this Ordinance, a "no-
fault eviction" means any eviction for which the notice to terminate
tenancy is not based on an alleged fault of the tenant, including
without limitation, eviction notices served under California Code of
Civil Procedure ("CCP") sections 1161(1), 1161(5), or 1161c.
3. Due to the removal of a residential unit from the rental market under
the Ellis Act. No party in the City of Lynwood may remove occupied
residential units from the rental market under the Ellis Act while this
Ordinance is in effect. Tenancies may not be terminated under the
Ellis Act until sixty (60) days after the expiration of this Ordinance.
A landlord who knows that a tenant cannot pay some or all of the
rent temporarily for the reasons set forth above 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. A landlord knows of a tenant's
inability to pay rent within the meaning of this Ordinance and thus
knows the tenant has a substantive defense to any eviction if the
tenant, within 30 days after the date that rent is due, notifies the
landlord in writing of lost income and inability to pay full rent due to
financial impacts related to COVID-19, and provides documentation
to support the claim.
B. For commercial properties, no landlord shall endeavor to evict a
commercial tenant for non-payment of rent if a commercial tenant is unable
to pay rent due to financial impacts related to COVID-19.
C. Nothing in this Ordinance shall relieve the tenant of liability for the unpaid
rent, which the landlord may seek after expiration of the local emergency
and the tenant must pay within six months of the expiration of the local
emergency.
D. A landlord may not charge or collect a late fee for rent that is delayed for
the reasons stated in this Ordinance; nor may a landlord seek rent that is
delayed for the reasons stated in this Ordinance through the eviction
process.
DocuSign Envelope ID:64EFB705-F3CB-441A-B5FC-01DDBA87DAA6
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared
invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to
be severable.
Section 8. This Ordinance is adopted as an urgency ordinance and shall take
effect immediately upon a 4/5 vote of the City Council.
Section 9. The City Clerk of the City of Lynwood shall certify to the passage of
the Ordinance and shall cause the same to be posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lynwood, California, this 7th day of April 2020.
A..a Castro, Mayor
ATTEST:
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Maria Quinonez,
City Clerk
APPROVED AS TO FORM: APPROVED AT TO CONTENT:
�•DocuSigned by:
Not,(, Dema
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I�oellapia, • Jose OV' eotl,
City Attorney City Manager
DocuSign Envelope ID:64EFB705-F3CB-441A-B5FC-01DDBA87DAA6
E. For purposes of this Ordinance, "financial impacts related to COVID-19"
include, but are not limited to, (1) for residential tenant lost household
income as a result of any of the following: (a) being sick with COVID-19,
or caring for a household or family member who is sick with COVID-19; (b)
lay-off, loss of hours, or other income reduction resulting from business
closure or other economic or employer impacts of COVID-19; (c)
compliance with a recommendation from a government health authority to
stay home, self-quarantine, or avoid congregating with others during the
state of emergency; (d) extraordinary out-of-pocket medical expenses; or
(e) child care needs arising from school closures related to COVID-19; and
(2) for commercial tenants, loss of business income from full or partial
closure of the business (either voluntarily or by mandate) to prevent the
spread of COVID-19.
F. 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 text. Any medical or
financial information provided to the landlord shall be held in confidence,
and only used for evaluating the tenant's claim.
G. For purposes of this Ordinance, "no-fault eviction" refers to any eviction for
which the notice to terminate tenancy is not based on alleged fault by the
residential tenant including, but not limited to, eviction notices served
pursuant to Code of Civil Procedure Sections 1161(1), 1161(5), or 1161c.
Section 5. This Ordinance may be asserted as an affirmative defense in an
unlawful detainer action. Any failure to comply with this Ordinance does not constitute
a criminal offense. This Ordinance shall not be read in any way to prohibit any
terminations of tenancy for just cause, or other terminations of tenancy where this
Ordinance does not apply.
Section 6. As applied to notices of termination issued prior to the effective date
of this Ordinance, this Ordinance shall apply to tenancies where, as of the effective date
of this Ordinance, said tenant remains in possession and/or any unlawful detainer action
has not reached final judgment or issuance of a final order, after all appeals have been
exhausted. This Ordinance shall be deemed to have taken effect as of March 16, 2020,
the date of the City Council's proclamation of a "local emergency," and shall remain in
full force and effect for the period of time set forth in Executive Order No. 28-20, as the
same may be extended from time to time, unless sooner terminated or repealed by the
City Council.
Section 7. If any section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares that it would have
adopted this Ordinance, and each section, subsection, paragraph, sentence, clause,
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and
the Clerk of the City Council of said City, do hereby certify that the above foregoing is a
full, true and correct copy of Ordinance No.1733. on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated. Dated this 7th day of
April, 2020.
AYES: COUNCIL MEMBERS ALATORRE, SANTANA, SOLACHE, MAYOR
PRO TEM CASANOVA, AND MAYOR CASTRO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
/LLQ ` v
-. /411 L/. Attv
Maria 0 uinonez,
City Clerk