HomeMy WebLinkAbout2020-05-26 - AGENDA REPORTS - CONSIDERATION OF AN URGENCY ORD REPEALING THE ORD (2)Agenda Item: 10
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CITY OF SANTA CLARITA AGENDA REPORT
UNFINISHED BUSINESS
CITY MANAGER APPROVAL:1
DATE: May 26, 2020
SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
REPEALING ORDINANCE NO. 20-3 TO ALLOW THE COUNTY OF
LOS ANGELES TEMPORARY PROHIBITION ON EVICTIONS OF
RESIDENTIAL AND COMMERCIAL TENANTS ARISING FROM
FINANCIAL IMPACTS OF THE COVID-19 PANDEMIC AND RENT
PAYBACK PROVISIONS TO SUPERSEDE THE CITY'S
ORDINANCE
DEPARTMENT: City Manager's Office
PRESENTER: Joseph Montes
RECOMMENDED ACTION
City Council introduce, waive further reading and adopt an urgency ordinance via a 4/5 vote of
the City Council entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA, REPEALING ORDINANCE NO. 20-3 TO
ALLOW THE COUNTY OF LOS ANGELES TEMPORARY PROHIBITION ON EVICTIONS
OF RESIDENTIAL AND COMMERCIAL TENANTS ARISING FROM FINANCIAL
IMPACTS OF THE COVID-19 PANDEMIC AND RENT PAYBACK PROVISIONS TO
SUPERSEDE THE CITY' S ORDINANCE" and find that the recommended action is exempt
from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines per
Section 15061(b)(3), the General Rule that CEQA only applies to projects that may have an
effect on the environment.
BACKGROUND
On March 31, 2020, the City Council adopted an urgency ordinance 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 a 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.
On April 14, 2020, the Los Angeles County Board of Supervisors adopted a revised eviction
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protection moratorium order, providing additional protections not set forth in the existing County
order. For example, the new County regulation provides tenants up to 12 months to repay rent
not paid during the eviction moratorium period (the prior order and City ordinance provided 6
months). On May 12, 2020, the County Board of Supervisors further modified the order,
extending the moratorium period through June 30, 2020 and clarifying that the commercial
tenant protections apply to small businesses.
More importantly, the new County order applies in all areas of the County who do not otherwise
have an eviction protection moratorium.
If the Council wishes Santa Clarita tenants to have the same level of protection as tenants in the
unincorporated areas of the County, as well as all other cities in the County that do not have their
own eviction moratoriums, the City must now either amend or rescind its eviction moratorium
ordinance. If the City amends its ordinance to be consistent with the new County order, it will
have to continually update its ordinance every time the County modifies its order. Accordingly,
staff recommends that the City Council rescind the City moratorium for consistency with the
protections afforded throughout the rest of the County.
A copy of the April 14 County order is attached for your reference.
ALTERNATIVE ACTION
Other action as determined by City Council.
FISCAL IMPACT
No financial impact.
ATTACHMENTS
Urgency Ordinance
County Eviction Protection
04.14.2020 Eviction Moratorium Resolution
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10.a
ORDINANCE NO. 20-
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, REPEALING ORDINANCE NO. 20-3 TO ALLOW THE
COUNTY OF LOS ANGELES TEMPORARY PROHIBITION ON EVICTIONS OF
RESIDENTIAL AND COMMERCIAL TENANTS ARISING FROM FINANCIAL IMPACTS
OF THE COVID-19 PANDEMIC AND RENT PAYBACK PROVISIONS TO SUPERSEDE
THE CITY' S ORDINANCE
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"); and
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; and
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; and
WHEREAS, on March 16, 2020, Governor Newsom issued an Executive Order that
authorizes local governments to halt evictions for renters, encourages financial institutions to
slow foreclosures, and protects renters and homeowners against utility shutoffs for Californians
affected by COVID-19; and
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; and
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; and
WHEREAS, on March 31, 2020 the Santa Clarita City Council adopted an urgency
ordinance establishing an eviction moratorium mirroring that issued by the County of Los
Angeles to provide the same level of protection afforded tenants in the unincorporated portions
of Los Angeles County; and
WHEREAS, on April 14, 2020, and again on May 12, 2020, the Board of Supervisors of
Los Angeles County revised the County eviction moratorium, including provisions clarifying
that the protections afforded commercial tenants applies to small businesses, and strengthened
the protections, allowing a 12 month repayment period for rent not paid during the moratorium
period; and
WHEREAS, the April 14, 2020 County moratorium applies to cities within the County
that do not have their own moratorium in effect; and
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WHEREAS, as a result of the public health emergency and the precautions recommended
by health authorities, many residential and commercial tenants in the City have experienced or
expect to experience sudden and unexpected income loss soon; and
WHEREAS, further economic impacts are anticipated, leaving residential and
commercial tenants potentially unable to pay rent and vulnerable to eviction; and
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 as well as facilitate
the rapid return to business and generation of tax revenues and provision of retail services to the
Santa Clarita community by commercial tenants; and
WHEREAS, repealing the City's eviction moratorium ordinance will result in the County
eviction protection moratorium superseding the City's prior ordinance, providing the same level
of protection to residential and commercial tenants as that provided to tenants throughout the
County.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 20-3 is hereby repealed in its entirety.
SECTION 2. 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.
SECTION 3. 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.
PASSED, APPROVED, AND ADOPTED this 26th day of May 2020.
ATTEST:
CITY CLERK
DATE
MAYOR
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Urgency Ordinance 20- was duly introduced and adopted at the special meeting
of the City Council on the 261h day of May 2020, by the following vote, to wit:
AYES: COUNCIL,MEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 20-
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK
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EXECUTIVE ORDER OF THE CHAIR OF THE COUNTY OF LOS ANGELES
BOARD OF SUPERVISORS FOLLOWING PROCLAMATION OF EXISTENCE OF
A LOCAL HEALTH EMERGENCY REGARDING NOVEL CORONAVIRUS
(COVID-19)
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 the 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 authorizes local governments to halt evictions for renters, encourages financial
institutions to slow foreclosures, and protects renters and homeowners against utility
shutoffs for Californians affected by COVID-19;
WHEREAS, California Government Code section 8550 et seq. and Los Angeles
County Code ("Code") Section 2.68.150 empower the Chair of the Board of the County
of Los Angeles ("County") to promulgate orders and regulations for the protection of life
and property where necessary to preserve the public order and safety;
WHEREAS, as a result of the public health emergency and the precautions
recommended by health authorities, many residential and commercial tenants in the
County have experienced or expect to experience sudden and unexpected income loss
soon;
WHEREAS, further economic impacts are anticipated, leaving tenants 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, protect the County's affordable housing stock, and prevent housed
individuals from falling into homelessness;
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;
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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, the Public Utilities have 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; and
WHEREAS, in the interest of public health and safety, as affected by the
emergency caused by the spread of COVID-19, it is necessary to exercise my authority
to issue this regulation related to the protection of life and property.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED by the Chair
of the Board of Supervisors of the County of Los Angeles, that an emergency continues
to exist within the County threatening the lives, property and welfare of the County and
its constituents.
IT IS HEREBY ORDERED THAT:
L. A temporary moratorium on evictions for non-payment of rent by residential or
commercial tenants impacted by the COVID-19 crisis is imposed as follows:
a. Commencing March 4, 2020, through May 31, 2020, no residential or
commercial property owner (collectively "Landlord") shall evict a residential
or commercial tenant (collectively "Tenant") in the unincorporated County
for: (1) nonpayment of rent, late charges, or any other fees accrued if the
Tenant demonstrates an inability to pay rent and/or 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 was 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.
b. For purposes of this Executive Order, "financial impacts" means a
substantial loss of household income due to business closure, loss of
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compensable hours of work or wages, layoffs, or extraordinary out-of-
pocket medical expenses. A financial impact is "related to COVID-19 if it
was a result of any of the following: (1) diagnosed with COVID-19, or caring
for a household or family member who is diagnosed with COVID-19; (2) lay-
off, loss of hours, or other income reduction resulting from business closure
or other economic or employer impacts of COVID-19; (3) compliance with a
recommendation from the County's Health Officer to stay home, self -
quarantine, or avoid congregating with others during the stateof
emergency; (4) extraordinary out-of-pocket medical expenses related to
diagnosis and testing for and/or treatment of COVID-19; or (5) child care
needs arising from school closures related to COVID-19.
c. For purposes of this Executive Order, "no-fault eviction" refers to any
eviction for which the notice to terminate tenancy is not based on alleged
fault by the Tenant, including but not limited to, eviction notices served
pursuant to Code of Civil Procedure section 1161 et seq. or County Code.
d. Consistent with the provisions of this Paragraph I, this Executive Order
applies to nonpayment eviction notices, no-fault eviction notices, and
unlawful detainer actions based on such notices, served or filed on or after
March 4, 2020.
e. Tenants shall have six (6) months following the termination of this Executive
Order to pay the Landlord any amounts due and owing pursuant to
paragraph (1). Tenants and Landlords are encouraged to agree to a
payment plan during this six-month period, but nothing in this Executive
Order shall be construed to prevent a Tenant from paying a Landlord any
amount due incrementally during this six-month period.
II. 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.
III. The Director of DCBA, in collaboration with the Chief Executive Office, shall offer
assistance to the State Department of Business 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.
IV. 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
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at one time, controlling entry to stores, and ensuring those at heightened risk of
serious complications from COVID-19 are able to purchase necessities.
V. The Director of the Department of Consumer and Business Affairs ("DCBA"), in
collaboration with the Chief Executive Office and the Acting Director of Workforce
Development, Aging, and Community Services ("WDACS"), shall convene
representatives of utility and 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.
VI. The Director of DCBA, the Acting Director of WDACS, and the Acting Executive
Director of the 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 government to expedite, to the extent possible, applications and claims
filed by County residents.
VII. The Director of DCBA and the Acting Executive Director of the LACDA shall assist
small businesses in the unincorporated areas in applying for U.S. Small Business
Administration ("SBA") loans that were announced by the President on March12,
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.
Vill. Delegate authority to the Acting Executive Director of the LACDA, or his designee,
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 ("EDA") 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 to form by County Counsel
IX. 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
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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.
X. The Director of DCBA and the Acting Director of WDACS, in collaboration with the
Chief Executive Office and the Acting Executive Director of the 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.
XI. The Chief Executive Office'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.
XII. The Executive Director of the Office of Immigrant Affairs, the Chief Executive
Office'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.
XIII. The Director of DCBA, the Acting Director of WDACS, and the Acting Executive
Director of the LACDA, or their designated 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.
XIV. Violation of this Executive Order shall be punishable as set forth in Chapter 2.68
of the County Code. In addition, this Executive Order grants an affirmative defense
in the event that an unlawful detainer action is commenced in violation of this
Executive Order.
XV. This Executive Order shall be superseded by a duly enacted Ordinance or
Resolution of the Board or a further Executive Order adopted pursuant to Section
2.68.150 of the County Code that expressly supersedes this Executive Order.
Dated: March 19, 2020
tathryn Barg 6T
ir, Los Angeles County Board of Supervisors
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MOTION BY SUPERVISORS HILDA L. SOLIS
AND SHEILA KUEHL
AGN. NO.
April 14, 2020
Expansion of Tenant Protections During the COVID-19 Crisis to Preserve and
Increase Housing Security and Stability and Prevent Further Homelessness
On March 4, 2020, the Los Angeles County (County) Board of Supervisors (Board)
proclaimed the existence of a local health emergency due to the novel coronavirus
(COVID-19 emergency). On March 19, 2020, pursuant to California Government Code
Section 8550 and Los Angeles County Code (Code) Section 2.68.150, the Chair of the
Board issued an Executive Order, which among other actions, placed a temporary
moratorium on evictions for non-payment of rent by residential or commercial tenants in
unincorporated areas impacted by COVID-19 (Moratorium). On March 31, 2020, the
Board of Supervisors ratified this Executive Order, which will be in effect from March 4,
2020 through May 31, 2020 (Moratorium Period), unless extended further, 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. The Moratorium will provide timely and necessary relief to tenants who are
struggling due to the economic repercussions of the COVID-19 emergency. However, the
MOTION
SOLIS
RIDLEY-THOMAS
KUEHL
HAHN
BARGER
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following additional policies and modifications should be adopted to preserve and
increase housing security and stability and to prevent Los Angeles County residents from
falling into homelessness due to this crisis, for the preservation of life and property.
WE, THEREFORE, MOVE that the Board of Supervisors adopt the Resolution to
amend the Executive Order in order to:
1. Include a temporary moratorium on evictions for non-payment of space rent for
mobilehome owners who rent space in mobilehome parks;
2. Expand to all jurisdictions within the County of Los Angeles pursuant to
Government Code section 8630, et seq. and Chapter 2.68 of the County Code
with considerations for cities that already have local eviction moratoria in place;
3. Prohibit rent increases for residential units and mobilehome owners from March
4, 2020 through May 31, 2020, unless extended further, to the extent permitted
by State law and consistent with Chapters 8.52 and 8.57 of the County Code
The Executive Order shall also prohibit a landlord from imposing any new pass-
throughs or charging interest and/or late fees for unpaid rent during the
Moratorium Period, and bar landlords from attempting to collect interest and late
fees incurred during this Moratorium Period following the termination of the
Executive Order;
4. Encourage landlords and tenants to agree on a payment plan that would allow
landlords to accept partial rent payments during the Moratorium if tenants are
able to make such payments;
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5. Extend the repayment period from six (6) months to 12 months following the end
of the Moratorium Period;
6. Further define financial impact and relation to COVID-19, as well as prohibit an
eviction during the Moratorium Period based on the presence of unauthorized
occupants, pets, or nuisance necessitated by or related to the COVID-19
emergency;
7. Allow tenants to provide and require landlords to accept a self -certification of a
tenant's inability to pay rent and to provide notice to the landlord to that effect;
8. Prohibit landlords, and those acting on their behalf, from harassing or intimidating
tenants for acts or omissions expressly permitted under the Executive Order, as
amended, and the attached Resolution; and
9. Address 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 and that the physical loss
of and damage to businesses is resulting from the shutdown and that these
businesses have lost the use of their property and are not functioning as
intended.
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RESOLUTION OF THE BOARD OF SUPERVISORS
AMENDING THE EXECUTIVE ORDER FOR AN EVICTION MORATORIUM DURING
THE COVID-19 LOCAL EMERGENCY RATIFIED ON MARCH 31, 2020
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, on March 16, 2020, Governor Newsom issued Executive Order N-28-
20 that authorizes local governments to halt evictions for 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
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 County'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;
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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 and that the physical loss of and damage to businesses
is resulting from the shutdown and that 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 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;
and
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.
NOW, THEREFORE, THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES DOES HEREBY PROCLAIM, RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1: The Executive Order is hereby amended to also include a temporary
moratorium on eviction for non-payment of space rent on mobilehome owners who rent
space in mobilehome parks. This Executive Order is expanded to include all incorporated
cities within the County of Los Angeles pursuant to Government Code section 8630, et
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seq. and Chapter 2.68 of the County Code, exempting therefrom cities that have local
eviction moratoria in place.
SECTION 2: The Executive Order has been ratified and amended to prohibit rent
increases for residential units and mobilehome owners in the unincorporated County
during the Moratorium Period, unless extended, to the extent permitted by State law and
consistent with Chapters 8.52 and 8.57 of the County Code. The Executive Order, also
prohibits a landlord from imposing any new pass-throughs permitted in Chapters 8.52 and
8.57 of the County Code or charging interest or late fees on unpaid rent during the
Moratorium Period, and bars landlords from attempting to collect any interest and late
fees incurred during this Moratorium Period following the termination of the Moratorium.
SECTION 3: The Executive Order hereby amends Paragraph 1.b to read as
follows: "For purposes of this Executive Order, 'financial impacts' means substantial loss
of household income or loss of revenue or business for commercial tenants due to
business closure, loss of compensable hours of work or wages, layoffs, or extraordinary
out-of-pocket medical expenses. A financial impact is "related to COVID-19" if it was a
result of any of the following: (1) suspected or confirmed case of COVID-19, or caring for
a household or family member who is suspected or confirmed with COVID-19; (2) lay-off,
loss of hours, or other income reduction resulting from business closure or other
economic or employer impacts of COVID-19; (3) compliance with a recommendation from
the County's Health Officer to stay home, self -quarantine, or avoid congregating with
others during the state of emergency; (4) extraordinary out-of-pocket medical expenses
related to diagnosis and testing for and/or treatment of COVID-19; or (5) child care needs
arising from school closures related to COVID-19. No landlord shall initiate an eviction
proceeding during the Moratorium Period for unauthorized occupants, pets or nuisance
as necessitated by or related to the COVID-19 emergency. For purposes of this Executive
Order, a commercial tenant includes, but is not limited to, a tenant using a property as a
storage facility for commercial purposes."
SECTION 4: The Executive Order hereby amends Paragraph 1.e to read as
follows: "Tenants shall have twelve (12) months following the end of the Moratorium
Period to pay the Landlord any amounts due and owing pursuant to Paragraph I. Tenants
and Landlords are encouraged to agree to a payment plan during this twelve-month
period, but nothing in this Executive Order shall be construed to prevent a Landlord from
requesting and accepting partial rent payments, or a Tenant from making such payments,
during the twelve-month period if the Tenant is financially able to do so. Residential
Tenants, and commercial Tenants with less than ten (10) employees, may provide and
Landlord must accept a self -certification of Tenant's inability to pay rent and to provide
notice to the Landlord to that effect."
SECTION 5: The Executive Order is hereby amended to prohibit landlords, and
those acting on their behalf, from harassing or intimidating tenants for acts or omissions
by tenant expressly permitted under the Executive Order, as amended, and this
Resolution.
HOA. 102846652.1
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SECTION 6: The Executive Order is hereby amended to address 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 and that the
physical loss of and damage to businesses is resulting from the shutdown and that these
businesses have lost the use of their property and are not functioning as intended.
SECTION 7: That this Resolution shall take effect immediately upon its passage
and shall remain in effect until May 31, 2020, unless extended or repealed by the Board
of Supervisors, or its designee.
The foregoing Resolution was adopted on the 1 day of Ao r 2020, by
the Board of Supervisors of the County of Los Angeles. I
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
Board of Supervisors of the
County of Los Angeles
NUEST: CELIA ZAVALA
--�XECUTIVE OFFICER
LE 0, T E B RD F SUPERVIS RS
By:
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HOA.102832194.8
I Packet Pg. 91 1