MEETING DATE: 3/31/2020
DEPARTMENT:
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Barbara Thompson
SBC DEPT FILE NUMBER: 160
SUBJECT:
COUNTY COUNSEL'S OFFICE - B. THOMPSON
Read Title, Waive further reading, accept introduction and adopt an Urgency Ordinance enacting a Temporary Prohibition on COVID-19 Pandemic Related Evictions of the County of San Benito to Impose a Substantial Limitation on Residential and Commercial Evictions.
SBC FILE NUMBER: 160
ORDINANCE NO: 1,007
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
On March 4, 2020, Governor Newsom issued a proclamation of a State of Emergency in the State of California related to the COVID-19 pandemic. San Benito County issued its "shelter-in-place" order on March 17th, effective March 18, 2020.
Also on March 16, 2020, Governor Newsom issued Executive order N-28-20 suspending any provision of state law prohibiting a local government from exercising its police power ti impose substantive limits on residential or commercial evictions.
The executive order, and this ordinance, if adopted by the Board of Supervisors, will suspend the authority of any landlord to commence evictions on any residential or commercial property through May 31,2020, when the eviction is:
1. Based on the non-payment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses; and
2. The decrease in household or business income or the out-of-pocket medical expenses described in subparagraph (a) was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented.
The order and resolution do not relieve a tenant of the obligation to pay rent, nor restrict a landlord’s ability to recover rent due. The ordinance is applicable in the unincorporated areas of the County.
BUDGETED: