Agenda

Return

D.8

To:	Board of Supervisors
From:	Sharon L. Anderson, County Counsel
Date:	March 23, 2021

Contra

Costa

County

Subject:

Temporary prohibition on certain commercial evictions.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/23/2021

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Mary Ann Mason, Chief Assistant County Counsel, (925) 655-2200
cc:	Monica Nino, Clerk of the Board of Supervisors David O. Livingston, Sheriff Anna Roth, Director, Health Services Kathy Gallagher, Director, Employment & Human Services

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 23, 2021
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

CONSIDER whether to adopt Ordinance No. 2021-11, an urgency ordinance continuing, through June 30, 2021, a temporary prohibition on certain evictions of small-business commercial tenants impacted by the COVID-19 pandemic, and related matters.

FISCAL IMPACT:

None.

BACKGROUND:

This ordinance would extend a temporary prohibition on certain evictions of small-business commercial tenants from March 31, 2021 through June 30, 2021. Under this ordinance, the County's existing residential eviction protections would continue to remain in effect through June 30, 2021.

BACKGROUND: (CONT'D)

Prohibition on Small-Business Commercial Evictions

On September 23, 2020, the Governor issued Executive Order N-80-20, which authorizes local jurisdictions to suspend the evictions of commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic. The executive order authorized local jurisdictions to suspend these evictions through March 31, 2021.

On March 4, 2021, the Governor issued Executive Order N-80-21, which extends, through June 30, 2021, the authority of local jurisdictions to suspend the evictions of commercial tenants for the non-payment of rent if the non-payment was the result of the COVID-19 pandemic.

On November 17, 2020, the Board adopted Ordinance No. 2020-29, which prohibits a landlord of a small business commercial property from terminating a tenancy for failure to pay rent if the tenant demonstrates that the failure to pay rent is directly related to a loss of income or out-of-pocket medical expenses associated with the COVID-19 pandemic. The tenant must provide documentation showing loss of income or out-of-pocket medical expenses. In addition, a landlord of a small business commercial property may not charge or collect a late fee for unpaid rent due from a tenant who demonstrated substantial loss of income or substantial out-of-pocket medical expenses. These protections lasted through January 31, 2021. On February 2, 2021, the Board adopted Ordinance No. 2021-04, which continued, through March 31, 2021, the prohibitions on specified commercial evictions that were included in Ordinance No. 2020-29.

As authorized by Executive Order N-80-21, the attached ordinance would extend the protections of Ordinance No. 2020-29 for small business commercial tenants through June 30, 2021, and would extend the grace period for rent repayment for two months, through August 31, 2021.

Prohibition on Residential Evictions and Rent Moratorium

Under the attached ordinance, the County's existing residential eviction protections are unchanged and continue to remain in effect through June 30, 2021. Landlords are prohibited from terminating a residential tenancy for a "no-fault" reason; prohibited from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit, if the occupant is the tenant's immediate family member living in the dwelling unit as a result of the COVID-19 pandemic; and prohibited from increasing rent on a residential real property.