COUNTY COUNSEL'S OFFICE - B. THOMPSON

Discuss the COVID-19 eviction ordinance which is due to expire May 31, 2020. If desired, Read Title, Waive further reading, accept introduction and adopt an Urgency Ordinance extending 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 for an additional thirty days, or provide other direction to staff.

SBC FILE NUMBER: 160

ORDINANCE NO: 1,010

On March 31, 2020, the Board adopted an temporary prohibition on COVID-19 evictions.  This ordinance is due to expire on May 31, 2020.  Many other jurisdictions adopted similar ordinances at approximately the same time. 

Some counties will not extend their temporary ordinances since the Judicial Council issued its emergency rule related to evictions.  The Judicial Council adopted those emergency rules on or about April 6, 2020, after the March 31, 2020 Board of Supervisors' meeting.  (See Attached.)  Other counties are still scheduled to review their ordinances prior to the end of the month.

Currently, the judicial council order is scheduled to remain in place for a period of 90 days after the Governor ends/withdraws the declared state of emergency.

This issue is primary a policy decision, but the undersigned requests the Board consider continuing this item to a date uncertain, to see further developments at the state level. 

Background to March 31, 2020 Agenda Item: 

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 to 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. 

Recommendation:  Consider continuing this item until such time the Board directs this matter to be returned to the Board to allow further developments to occur at the state level.

However, if the Board desires, the Board may either continue this matter to June 2, 2020 to see what happens at the State level, or alternatively,  Read Title, Waive further reading, accept introduction and adopt an Urgency Ordinance extending for thirty days, 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.