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Home My WebLink About2020-12-10; Housing Commission; ; Fair Housing and Eviction Moratorium Training Meeting Date: Dec. 10, 2020 To: Housing Commission From: Nancy Melander, Program Manager Staff Contact: Nancy Melander, Program Manager Nancy.melander@carlsbadca.gov, 760-434-2812 Subject: Fair Housing and Eviction Moratorium Training Recommended Action That the Housing Commission receive the fair housing training provided by the Legal Aid Society of San Diego. Executive Summary A training to learn more about fair housing laws and recent updates during the COVID-19 pandemic. Discussion The City of Carlsbad partners with the Legal Aid Society of San Diego for housing related legal services. LASSD is a private 501 (c)(3) non-profit corporation dedicated to promoting and developing fairness and equal housing opportunity for all people. LASSD works to eliminate housing discrimination and ensure equal housing opportunity through leadership, education, outreach, training, advocacy, and enforcement. For several years, the city has successfully partnered with LASSD to provide these services to Carlsbad residents. LASSD will be presenting a training to the Housing Commission on fair housing basics and recent updates during the COVID-19 pandemic. Topics to be covered in the training will include: • Fair housing basics • Disability and reasonable accommodations • Source of Income protection • AB 3088 and CDC Moratorium Next Steps Not applicable. HOUSING COMMISSION Staff Report Fiscal Analysis There is no direct fiscal impact associated with this training. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. Exhibits 1. Legal Aid Society of San Diego presentation materials Fair Housing Danielle Tailleart, Esq.Fair Housing ServicesLegal Aid Society of San Diego, Inc. (844) 449-3500WWW.LASSD.ORG Legal Aid Society of San Diego, Inc. ------.-----.- Fair Hottsing Legal Aid Society of San Diego, Inc. Topics •What are fair housing rights? •Learn about typical scenarios of housing discrimination •Know who to contact •Know how to prepare for your call with LASSD Legal Aid Society of San Diego, Inc. What is fair housing? •Housing choice •People with similar income levels in the same housing market should have the same range of choices available to them despite their protected class status. Legal Aid Society of San Diego, Inc. What is not fair housing? •Landlord/tenant disputes –unless they are based on protected class o Obligations under contract •Affordability issues Legal Aid Society of San Diego, Inc. Federal Protected Classes •Federal o Race o Color o National origin o Religion o Familial status o Sex o Disability Legal Aid Society of San Diego, Inc. California Protected Classes •Race, color – o technically different but often alleged together •Ancestry, national origin – o can include language •Religion o includes all aspects of religious belief, observance, grooming •Disability, mental or physical •Sex, gender, pregnancy •Sexual orientation Legal Aid Society of San Diego, Inc. California protected classes •Gender identity, gender expression •Marital status- o marriage, non-marriage, divorced, separated etc. •Familial status – o Rules that single out children are not ok (except pool) o Inquiries about children/refusing to rent o Overly restrictive occupancy standards •Citizenship, primary language, immigration status (Covered under Unruh) o Cannot inquire on status, disclose citizenship status with the purpose of harassment/intimidation o Can request information to verify financial qualifications o Possession of Special CA driver’s license •Source of income o Lawful, verifiable, income o Illegal to refuse because it came from family daycare, o City of San Diego Local Ordinance o New State law •Military/Veteran status o Active and reserve •Arbitrary-now includes citizenship, primary language, and immigration status Legal Aid Society of San Diego, Inc. Discrimination •When based on the protected categories it is illegal to: o Refuse to sell, rent, or lease rooms, apartments, condos or houses o Represent that a housing accommodation is not available for inspection, sale, or rental when it is in fact available o Deny a home loan or homeowner’s insurance Legal Aid Society of San Diego, Inc. Discrimination continued o Offer inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation o Refuse to permit, at a disabled tenant’s expense, reasonable modifications when necessary to accommodate a disability * o Refuse to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling o Retaliate against someone filing a complaint or asserting their rights under the fair housing law. Legal Aid Society of San Diego, Inc. Common fact patterns: •A landlord refuses to rent you an apartment because your primary source of income is unemployment insurance. o It is illegal to discriminate against an individual’s “source of income” –which can include, but is not limited to, Social Security, Supplemental Security Income (SSI), unemployment insurance, or veteran’s benefits. o Also new source of income laws •A landlord refuses to rent you an apartment because you need a ramp. •A landlord refuses to rent second floor unit to a family with children because the kids may hurt themselves or steers them to the back of an apartment complex •A landlord refuses to rent you an apartment because you have an emotional support animal; service animal Legal Aid Society of San Diego, Inc. Disability Legal Aid Society of San Diego, Inc. • • Disability Discrimination •Number one complaint received •Have the right to be treated differently if necessary to use and enjoy housing and if its requested properly Legal Aid Society of San Diego, Inc. Disability •Reasonable accommodations: o It is illegal to refuse to make reasonable accommodations in housing rules,policies, practices, or services where necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling •Reasonable modifications: o It is illegal to refuse to permit, at a disabled tenant’s expense, reasonable modifications when necessary to accommodate a disability o If the housing provider is a recipient of federal funds –at the housing provider's expense Legal Aid Society of San Diego, Inc. Disability •Reasonable accommodations/modifications: o Must make a request (the person with a disability or an authorized representative) o Writing is encouraged, but not required o No magic words o Medical verification of disability and disability related need may be requested, if not apparent o Housing provider must consider the request and must enter into an interactive process and must do so in a timely manner o Denial? •Not disabled •No disability related need •The accommodation would cause a change in services (fundamental alteration) •Undue financial and administrative burden •Direct threat to the health and safety of others or property Legal Aid Society of San Diego, Inc. Common examples •Request for assigned parking at a first come first served complex •Use of a third party to pay rent •Economic accommodations o Waiving guest fees/other fees o Use of a co-signer if someone only receives SSI in order to meet minimum income qualifications •Exception to no pets policy o No breed, size, or weight restrictions o Animal vest, ID cards, or certificates do not alone show the need for a reasonable accommodation o Direct threat •Ramp installation Legal Aid Society of San Diego, Inc. Assistance Animals 2 CCR §12185 •Reasonable accommodation requests for assistance animals may be made if they are necessary due to a disability o Service animals o Emotional support animals •Online certifications o "A support animal certification from an online service that does not include an individualized assessment from a medical professional is presumptively considered not to be information from a reliable third party" o Housing provider who receives such online certification must give an opportunity to provide additional information that would meet verification requirements before denying the request Legal Aid Society of San Diego, Inc. Reasonable Accommodations and COVID-19 •It is illegal to refuse to rent, segregate, or provide differential terms to a tenant based on their actual or perceived disability. •The California Department of Fair Employment and Housing released information stating that COVID-19 could qualify as a disability under fair housing laws. •Example Reasonable Accommodation: A tenant may request that the housing provider waive a rule that prohibits or restricts guests to accommodate a tenant's need for someone to stay at the rental unit to care for the tenant because of a disability related to COVID-19. Legal Aid Society of San Diego, Inc. Covid19 and National Origin •Discrimination against Asian Americans has increased •It’s illegal to deny housing because someone is from one of the countries affected by Covid or because they are perceived as being from a country •Illegal to have different rules for persons because they are from one of the countries most affected by Covid or perceived as being from a country Legal Aid Society of San Diego, Inc. Covid19 –Age and Sex •Age is protected class is CA –and there may be housing discrimination based on age/covid19 because people over 60 are more likely to have Covid19 complications •Sex is a protected class and with tenants unable to pay rent there have been increased reports of sexual harassment Legal Aid Society of San Diego, Inc. Source of Income Legal Aid Society of San Diego, Inc. • • “Source of Income” –New Definition “Source of Income” now means: •Lawful, verifiable income paid directly to a tenant or to a representative of a tenant, •or paid to a housing owner or landlord on behalf of a tenant •Rental assistance from any federal, state, local, subsidy •Likely includes Covid19 related rental assistance Legal Aid Society of San Diego, Inc. Housing Discrimination Complaint? •Call LASSD •Helpful information o Timeline of events -A list of the dates and major events that happened; o Lease agreement (if there was/is one); o Any letters or written notices from landlord or property manager; o Rental Application (if you have one); o Advertisement of the rental unit (if you have it); o Witnesses contact information; o Any pictures that might help; o Business cards from the rental agency, manager or landlord; o Any other information that you think will help us understand your complaint. Legal Aid Society of San Diego, Inc. LASSD resources •https://www.lassd.org/ •Includes information and resources on fair housing laws and COVID-19 Legal Aid Society of San Diego, Inc. llr 1-ousing Discnmination I Legal 1-X + f,-4 C i lassd.org/area/housing-discrimmafion * • What we do Additional Sources of Assistance Fair Housing Information on Disability Helpful Information About Housing 0lscr1mlnatlon What to do for your appointment Presentations and Training for your Group/Organization Get Involved Housing Discrimination If your landlord has discriminated against you, we can help. Call our Fair Housing Center at 1-844-449-3500 m 1-800-13s-2929 Housing Discrimination Can Take a Variety of Forms It is illegal for a landlord, managing agent, real estate broker, or salesperson to discriminate against any person because of their: race, color, religion, sex (including pregnancy, childbirth or medical conditions related thereto, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, medical condition, or age. Housing Discrimination can occur in any of the following ways: • Refusing to sell, rent, or lease. • Refusing to negotiate for a sale, rental, or lease. • Representing that housing is not available for inspection, sale, or rental when it is, in fact, available. • Otherwise denying or withholding housing accommodations. • Providing inferior housing terms, conditions, benefits, facilities, or services. • Harassing a person in connection with housing accommodations. • Sexual Harassment. • Canceling or terminating a sale or rental agreement. • Providi ng segregated or separated housing accommodations. X I FGAI &ID "i:POUI OF 'i:6N QIFr·0'5 GI HPf W 'ir'N QIF[.0 [991MIY WI ew sun fYICT1QN ~M.S Wlr:IFQ m CiPY.10::19~ WHAT TtNNfIS MID LANPlOBQS NtEQ IO KNOW Plff!M be:.dmed dwtdvc ,o the U.S. being ~a1-tllt,:of C""'"}ency. goycm1Mnt ~Uvnand ~-i:and etHodottd itnfor<~t ~--rcipld(y ,NW!gfng, ~ Aid Sodll)' of 5-wi oa.oo-_ tnc... hnc.4111pllld thl fol~, Col fornl11Ju&1,.,1~1 FAQ upckittd ,\pril G, 20)0; Old:~~ Mctkln~U.btjthlSt«taofCt111fo,nl11f.crol.lNtldMll1otpd,Glad4/17/20;Clidltia~) Evirtlon Righb for Cb.lb Vl:tlo lte1KSc11h 1,1~ 4/7/20.. Clk~Um; (U~ Eviction IUghts for Chy of lrnptrW ~ ftcs.ldents ~ •nl2<r. Clkk Km: (&aa\ol) E¥ictlonRl,jttaforCOIJl'(yofS<IA~U"'l~edRN.Jdertt.1updottd4{1/20.Clld::.l::m:l(Ullliilall t'Ykt.lon IUghu for l:ncll'lltA& A:uldanu 1o1pdotad ~0/20: ClkJt lifD (llaallal) t'vk:tlonRighbfo..-Ot,ofCizrbt,odR~~•/'J/20:C!i.ektJ,cg:(~) Evi(tion ti.~ for City of EKondido ~$ldmt:J ~t~ •/17/20: Clk¼ 1::1,::o: {~) t:~ftlghb for City gf ~,56-: Rc.'1denb~c.d<4fl/20; Clii;l ti,:u{~ vf<don ...... ,..-Cityo!Poway•--4/9/'lO<Cl<kti<i,,(IM!!mll EvldlonRJ,gtit1,f<W'Oty~Son~Ra~ ~ed'f7/'1.0:Clcrl:flrl(bml6al) Eviction Rl9hta for City of SM M~A:aldent1 updattd ',/7~ Clld::.lio ~ fvktion Righb for Cit}-of 5ontft ft~ ui;,didcd ~/20: CNd t&:u (~I £~ii;,nRlghu. ~ theFnlct,J CARES Ai;t ~cd 4/1/20! C.lid.: ljJD:~~) THANK YOU Legal Aid Society of San Diego, Inc. Legal Aid Society of San Diego, Inc. RESPONSES TO THE COVID-19 PANDEMIC: AB 3088 & CDC MORATORIUM *THE INFORMATION PROVIDED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO BE LEGAL ADVICE. PLEASE DO NOT DISTRIBUTE* CREATED ON 12/2/2020 Legal Aid Society of San Diego Justice Begins Here 1-877-5342524 https://www.lassd.org/ ■The law in this area is rapidly changing. This presentation is intended to provide general information regarding legal rights related to housing in California. ■If you have questions, consult with an attorney or the appropriate agency about your rights in your particular situation. ■Legal Aid Society of San Diego (877) 534-2524 or visit www.LASSD.org AB 3088: COVID-19 Tenant Relief Act of 2020 ■Passed and signed into law August 31, 2020 ■Provides protection from eviction for eligible tenants for failure to pay rent and other financial obligations under a lease from 03/01/2020-01/31/2021 –Tenant MUST submit a Declaration of COVID-19 Related Financial Distress ■Court will not issue a summons for Non-payment of rent evictions until after October 5, 2020, unless it meets the health and safety exception ■Temporarily expands Just Cause Eviction protections for all residential tenants through January 31, 2021 ■Increased penalties if landlords illegally lock out tenants, shut off utilities, or engage in other extreme harassing behavior ■Masking (eviction cases are not public) protections for tenants with COVID-19 related financial distress AB 3088 “Eligible Tenant” Eligible residential tenants include those who have experienced COVID-19 related financial distress such as : 1.Loss of income caused by the COVID-19 pandemic; 2.Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic; 3.Increased expenses directly related to the health impact of the COVID-19 pandemic; 4.Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit a tenant’s ability to earn income; 5.Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic; 6.Other circumstances related to the COVID-19 pandemic that have reduced a tenant’s income or increased a tenant’s expenses. 15-Day Notice to Pay Rent or Quit ■Enhanced “pay or quit” notice during “covered time period” from March 01, 2020 to January 31, 2021 ■Landlord must serve at least a 15-day Notice to Pay Rent or Quit –15 days do not include weekends and judicial holidays ■Accompanied by a blank Declaration of COVID-19 related Financial Distress –**Tenant required to timely return Declaration of COVID-19 related financial distress ■Must advise tenant of AB 3088 non-payment of rent protections ■If tenant is “high-income” and landlord has proof of that, can ask for documentation of economic impacts •FAILURE TO PROVIDE NOTICE WITHIN REQUIRED DAYS CAN RESULT IN LOSS OF AB 3088 PROTECTIONS •Must be signed under penalty of perjury •Deliver to Landlord •In person, if permitted in 15-day notice •Email, if permitted in 15-day notice •Via US mail to address indicated in notice •Using any of the same methods tenant can use to deliver the payment pursuant to the notice •“High Income” earner may be required to submit documentation of economic impact DECLARATION OF COVID-19 RELATED FINANCIAL DISTRESS (ADDRESS OF L-'J\DLORD OR LAJ,l)LORD'S AGD.'I') De.at ___________ ~ (LAJ'<DLORD OR l.A.'<"DLO!ID'S AGa'I') I am currently Ullilble to pay my rent or other financial obEga.tions nndH the le:a.s:e in full becaus,e, cf one or more of the following: 1. Loss of income caused by the COVID-19 pandemic_ 1. Increased out-of-pocbt expense, directly related lo pmo,:ming essential work during the COVID-1 9 pandemic. 3. Increased expenses dire<lly related lo h•alth impacts of the COVID-19 pandemic. 4. Childcare responsibilities or rMpollsibilitiec:. to car·e for an elderly, disabted~ or sick f.amily member d:iroctlyrolated to the COVID-19 pandemic that limit my ability to eam income. 5. Increas.ed cos.ts for childc·Me or attending to an elderly, di5abled, or 'il.ck: famil,y member i:fuecUyre.bted to the COVID-19 pmdemic. 6. Other circumst>nces related to the COVID-19 pandemic that b, ·e reduced my income or mcrease<I my expe:nses. Aliy public as'!iistance, indudic.g. 1m~ploymenf ins:unnce, pandemic unemployment assist.mce, 'ita.te d.iso1bility lDsuranc:e (SDI). or·pald family teal;e, that I h;;n-e receiyed 'iince th.e start of the COVID-19 pandemic doe'i not fully make up for my loss of inoome and/or in~re...,ed e,q,ens"5. Signed under penalty ofperjur)c Da.ted: Dated: IENMTS :-;AME ( • .\LL n:NANI'S O °ER IS YRS. OID) TEN-4..'<T'S SIG.'<ATulu: (ALL TENA.'1TS O °ER 16 YRS. OLD) “High-Income” Earner Documentation ■High-Income= annual household income of 130% or more of the median income of County where property located –as published by HCD in Official State Income Limits for 2020 –Does not include a household income less than $100,000 ■If landlord has proof tenant is high income earner, can require documentation supporting claim of COVID-19 related financial distress ■Documentation can be any form of objectively verifiable documentation, examples: –Tax return or W2 –Letter from employer or pay stubs –Documentation from government agency, i.e.unemployment benefits –Proof of court ordered payments, such as child support or spousal support –Proof of regular distribution from trust, annuity, pension, or other financial instrument Eligible Tenant who Submits the Declaration “Protected Time Period”= rent owed March 1, 2020 to August 31, 2020 “Transition Time Period”= rent owed from September 1, 2020 to January 31, 2021 •Unpaid rent cannot be basis for eviction •AB 3088 does not relieve you of responsibility to pay rent •Unpaid rent can be recovered in small claims court after March 1, 2021 •25% of rent for each month of this period must be paid by January 31 , 2021 to avoid eviction for unpaid rent •Can make one lump sum payment of 125% of one months by January 31, 2021 •AB 3088 does not relieve you of responsibility to pay rent •The remaining rent owed can be recovered in small claims court after March 1, 2021 •If tenant cannot pay 25% rent, still protected from eviction until February 1, 2021 for rent due in transition period Best practice … ■Send AB 3088 declaration to landlord as soon as possible. –Don’t wait to be served a 15-day notice –Submit a declaration each month through January 2021; clearly indicate which month the declaration is for ■Submit a signed declaration EACH TIME tenant is a given 15-day notice ■Keep careful records of all rent payments and any declaration given to the landlord of COVID-19 related financial distress –If making required 25% payment toward rent that accrued during “transitional time period,” clearly indicate on payment which month partial payment is for –if making lump sum payments when possible, clearly indicate month and amount the total payment covers Other Eviction Protections under AB 3088 ■No-Cause evictions are not permitted until February 1, 2021, i.e., notices to terminate tenancy, for reasons other than non-payment, must have a just cause. At-Fault No-Fault •Nonpayment before March 1, 2020 •Nonpayment where tenant fails to (1) pay rent demanded or (2) turn in declaration of COVID-19 related financial distress within 15 days of notice •Breach of material lease term •Nuisance •Waste •Failure to execute similar new lease •Criminal activity •Subletting in violation of lease •Denying entry to LL •Using unit for unlawful purpose •Failure to vacate after providing owner written notice of intent to terminate tenancy and failing to vacate •Employee/agent failure to vacate after termination as employee/agent of landlord •Owner move-in (spouse/domestic partner, children, grandchildren, parents, or grandchildren) •Must be in lease, if entered after July 1, 2020 •Withdrawal from the rental market (Ellis Act) •Substantial repair or demolition to maintain compliance with applicable laws governing habitability •Owner entered into contract for sale of single-family home/condo; buyer intends to occupy the property, and buyer not a real estate investment trust, corp or LLC with at least one corp member Overview ■AB 3088 does not relieve tenant of obligation to pay rent, only delays payment ■Does not protect tenant's unable to pay rent prior to March 1, 2020, or for a non-COVID-19 related financial distress ■Landlord can still evict tenants for reasons other than nonpayment of rent (ex: violating the lease, owner move-in, nuisance, criminal activity, etc.) –Can’t be in retaliation for not paying rent CDC Eviction Moratorium ■In effect September 4, 2020 through December 31, 2020 ■National eviction moratorium for virtually all tenants in US impacted by the COVID-19 pandemic –To prevent further spread of COVID-19 ■Bans landlords from evicting tenants for non-payment of rent and non-exempt evictions through end of 2020, if tenant has submitted a declaration of income loss or significant medical expense –Include ANY action to remove or cause removal of tenant for non- payment of rent (filing UDs, staying active UDs, possibly staying lockouts) ■Applies to Pre-COVID cases—does not have a start date only an end date ■Creates a floor for protection, does not replace stronger state or local eviction protection CDC Eviction Moratorium ■Does NOT relieve tenant of obligation to pay rent –Rent would be due after expiration of order ■Does NOT prevent eviction before January for certain reasons other than nonpayment of rent –Engaging in criminal activity while on the premises –Threatening the health and safety of other residents –Damaging or posing an immediate and significant risk of damage to property –Violating any applicable building code, health ordinance, or similar regulation relating to health and safety –Violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest) CDC Eligible Tenant ■Eligible for protection if: –Are unable to pay the rent due to income loss or medical expenses –Either expect to make less in 2020 than $99,000 individually or $198,000 as a family, or received a stimulus check or did not have to file a 2019 tax return –Try, or have tried, to access any government rental assistance funds that may be available –Agree to make partial rent payments based on what they can afford –If evicted the tenant would be homeless or would have to move into a crowded or substandard living situation DECLARAT ION OE EUGIB ILUY I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the foregoing, are true and correct: I ha:ve u5ed best efforts to obt.ain all available go11ernment a~sistance for rent or housing;1 I eirther expect to eam no more than $99,000 in annual income for Calencfar Year 2020 (or r,o more than $198,000 if fili ng a j oint taJC return), was not required to rep,ort any income in 2019 to tJhe U.S. Internal Re¥enu,e Service, or received an Economic Im pau Payment (stimulus check.) pursu.anno Section 2201 oft e CARES Act· I am unable to pay my ful I rent or ma e a f II ho1.1si ng p-ayment d11e to substantial loss of household income, loss of compensable h.our5 of worl or wage~ lay-offs or ele:traordinary2 out-of-pocket medical ele:penses; I am u~ing best efforts to• make timely partial payments that are a,s close to the full payment as the indi ... iduai's circumstances may permit, taking into account other nondiscref onary expen5es; If evicted I would likely b-ecome home ess, need to mov•e into :;i homeless 5helter, or need to move into• a ne'o'I residence sh:;ire-d by o-tiher people who live in •Close l:jl:l a rters bsecaus.e I Ii.ave no other ava ilable hou5ing •options.3 I uinderstand t at I must still pay rent or make a housing p-ayment, .and comply"". h o-tiher obligations th at I may have under my ten<11ncy lease agreement, or similar c-ontract. I fu rtller u nders and that fees, penalties, -or int-er est for not paying rent or making a housing payment on time a5 required b,y lif'I)' tenancy, lease agreement or ·5imilar contract may still be charged or collected. I funh er understand that at the end of this temporary alt o:n eviction.s on December 31, 2020, my housing provider ma:y r-e9uire payment in full for all payment5 not made prior to and during the t empora,ry halt and failure to pay may make me subject to eviction pursu:;int to State :;ind focal laws. I uinderstand t at any false or mi5leading statements or omission5 may result in criminal and civil actions far fines, p,en:;ilties, ,dama.ges, or imprisonment. Signature of Declara,nt _________________ Date 1 •~ Ihle ,ga.-emmerrt a,s,i,bmce"' ""'""' any gCMemntJ uo1 rmt.J or 011Si'111 p"}"T"'nt benefrls .,,.iloble to lllie in 'iidu., o,-"'"'Y hoo..,hold member. 1 An "e•tr.,,.rdinory" rnoeik<il ""fl"""" i• y 1111reimbu.-..d me ce1 e,cpense lik.dy t:o ~.d 7.5%. o one', adju,teil &'"'"" incomlO fur th,,, y,,•r. 1 "A.,,,ili,bl'e hausimlf ""'"n, any Ihle, un,aca,pied resider.tial pr"ferty, or a ez •p•ce for occup•ncy in ..,)I ..,.,., .,.. temjlorory hausimB, thot wo1Jld n<>t viot,,te Fe era I, ¼te, or local oc:cup•ncy st~n&.rdis •nd tMt WO<Jld n,at reesuh in on .....,,.11 increase of h_o,.,ing co<t to )"'Ill. Criminal Penalties ■Declaration to be signed under penalty of perjury ■A person violating the Order may be subject to a fine of no more than $100,000 if the violation does not result in a death or one year in jail, or both, or a fine of no more than $250,000 if the violation results in a death or one year in jail, or both, or as otherwise provided by law. ■An organization violating this Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law. ■The U.S. Department of Justice may initiate court proceedings as appropriate seeking imposition of these criminal penalties. Limits of CDC Order ■Applies to every US state and territory with reported cases of COVID-19 ■Does not apply if there is “a moratorium on residential evictions that provides the same or greater level of public health protection than the requirements listed in this Order.” –Likely creates a “floor” of protection, with local or state moratoria able to provide equal or greater protection. –Does not replace or override stronger state or local eviction protection ■Does not cancel or stop the rent from being owed or stop the build up of rent AB 3088 vs. CDC Moratorium AB 3088 CDC Moratorium Protection against eviction for nonpayment of rent Eligible tenant, who submits declaration, cannot be evicted for non-payment of rent Back-owed rent becomes consumer debt, can never be basis for eviction Applies to rent and other financial obligation under a lease, ex utilities Eligible tenants, who submit declaration, cannot be evicted or removed from home for nonpayment of rent, until expiration of moratorium. Applies only to nonpayment of rent, late fees and interest, and no-fault eviction cases Payment Tenant required to make Eligible tenants •March 1, 2020-Aug 31, 2020: no payment •Sept. 1, 2020-Jan 1, 2021: tenant must pay 25% of total monthly rent for this period by Jan 31, 2020 “us[e] best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstance may permit, taking into account other nondiscretionary expenses” AB 3088 CDC Moratorium Deadline for required hardship declaration Must submit declaration within 15 days of receiving a 15-day notice to pay rent or quit No specific time limit, can be submitted to landlord at any time Landlords ability to collect rent Landlord can’t collect rent from eligible tenant who submits declaration until March 1 , 2021. Landlord can pursue claims in Small Claims Court No protection. Late fees and Interest Allows landlord to charge fees, interest and penalties for late rent payments if permitted by contract Qualifications for protections See Declaration of COVID-19 Related Financial Distress See Declaration of Eligibility Eviction case Masking Eviction cases filed for nonpayment of rent from 3/1/2020-1/31/2021 are temporarily masked if judgment entered against tenant. No such protection AB 3088 CDC Moratorium Evictions for reasons other than nonpayment of rent Stops “no-cause” evictions. Does not stop eviction for reason other than nonpayment of rent, unless tenant can affirmatively prove landlord is evicting to retaliate against tenant for rent debt unpaid due to COVID-19 related financial distress Bars evictions that are not related to lease violation, including no- fault evictions . Each of five (5) enumerated exceptions requires some form of misconduct or lease infraction, although not an exhaustive list Evictions Prohibited Prohibits landlord from acting upon 15-day notice to pay or quit if eligible tenant submits hardship declaration. Prohibits “no cause” eviction Prohibits landlord from taking ANY steps to evict a tenant, including moving an unlawful detainer action forward or seeking a writ of execution THANK YOU! Legal Aid Society of San Diego Justice Begins Here 1-877-5342524 https://www.lassd.org/