But we can't stop there. RCF Connects through its initiative, Ensuring Opportunity, the Campaign to End Poverty in Contra Costa County, is supporting a number of new developments in eviction moratoriums on the state and county level.
Under Contra Costa County's Moratorium Rules: 🔘 Just this month, the Contra Costa Board of Supervisors extended their moratorium on "No Fault Evictions and Rent Increases" to June 30, 2021 (from Jan. 31). Under this agreement: 🔘 Rent increases cannot exceed 10%. A maximum of 2 rent increases, the total of which are within the 10% cap, are allowed over a 12-month period. 🔘 If a unit is vacant, the landlord can increase the rent beyond the 10% cap (which may create a problematic incentive to evict). 🔘 Through March 31, 2021, a landlord may not charge or collect a late fee for unpaid rent due from a commercial real property tenant who demonstrated loss of income or out-of pocket medical expenses as required under this ordinance. Under the "Moratorium on Evictions," Contra Costa residents can’t be evicted: 🔘 For having “unauthorized tenants” dwelling in the property if they are immediate family members of the tenant; 🔘 For lack of payment of rent (if proper documentation is submitted per SB 91); and 🔘 For a “no fault” reason.
IMPORTANT, Please note, evictions are still allowed in Contra Costa County for three reasons: 🔘 Public health hazard: The termination is necessary to protect the landlord’s health or safety or any other tenant’s health or safety. 🔘 Owner move-in: The termination is necessary where the owner or a member of the landlord’s immediate family intends to occupy the residential real property. 🔘 Removing rental property from the market: The termination is to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq.
Under California State Rules: On January 29, 2021, the California State Senate Bill 91 (SB 91) was passed, extending many of the same protections that were present under the previous eviction moratorium, AB 3088. Under this new bill: 🔘 The 25% Payment Requirement is extended. This new law still requires tenants to pay 25% of total rent owed between September 1, 2020 - June 30, 2021 to their landlord by June 30, 2021 (this date was extended from the original Jan. 31, 2021 deadline). This rule will protect tenants from eviction due to lack of payment of rent. 🔘 Tenants cannot be evicted for nonpayment of rent that became due between March 1, 2020 and August 31, 2020, if renters return a declaration of COVID-19-related financial distress to their landlord. The landlord is required to provide tenants with this form, and tenants have 15 days to return it. 🔘 Pay-or-quit or Eviction notices must still allow a minimum of 15 days (in pre-pandemic times it was 3 days). If the tenant receives an eviction notice or the landlord threatens eviction, we strongly recommend tenants seek legal help. (contact Bay Area Legal Aid) Tenants cannot be evicted for nonpayment of rent that became due between September 1, 2020 and June 30, 2021, if the tenant returns a declaration of COVID-19-related financial distress to their landlord and pay 25 percent of rent due during that period by June 30, 2021. However, tenants must provide a separate declaration for every month that they cannot pay due to the effects of COVID-19.
The good news is, California State is soon to provide rent relief. A large-scale Rental Assistance program is in the process of being rolled out statewide that will distribute state and federal rental assistance funds. It will provide tenants and landlords with a couple of options: Option 1 - 80/20 Deal: Landlords will have the option to apply and receive up to 80% of a tenant’s unpaid rent from April 1, 2020 to March 31, 2021. If they accept these funds, they must forgive the tenant’s remaining 20% unpaid rent. Option 2 - Tenant Relief: If a landlord does not want to participate in Option 1, the tenant can apply for relief but will only receive 25% of their unpaid rent (to aid them in reaching the 25% payment threshold in order to remain housed). It is clear, we have a lot more work to do to ensure our neighbors are housed, secure, and protected during this time of crisis. We invite you to be part of the solution. Bay Area Tenants Rise Up: Stop Evictions & Save Lives March 1, 2021 @ 6pm via ZOOM Contra Costa has the second-highest number of evictions during a pandemic. Join tenants and organizers in a series of trainings and actions to stop evictions in the Bay Area. Register here: (Spanish interpretation provided through ZOOM)
If you or your neighbor are in need of Tenant Legal Services: Monument Impact/EBASE - Tenant Legal Clinics (Eng/Spanish) 1st & 3rd Tuesdays, 6-8pm Learn and assert your rights as a tenant Click here for information on how to attend (Registration is required) (Tenant Legal Services) Bay Area Legal Aid (BALA): free civil legal advice, counsel, and representation - Call (510) 250-5270 x925 Mon & Thurs from 9:30am-3:00pm, and Tues & Wed from 9:30am until 1:00pm (Tenant Legal Services) La Clínica de La Raza: Text at (510) 738-3906 or email at tenantsrights@centrolegal.org
For more information on county and state based eviction moratoriums contact Ensuring Opportunity's Policy, Advocacy & Community Engagement Manager, Hector Malvido at hmalvido@richmondcf.org
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