I will be providing timely updates with information and common questions regarding city, county and statewide moratoriums on evictions. If you have questions that we can share with our state or county partners, please contact my Field Representative Nohelia Orellana via email at Nohelia.Orellana@asm.ca.gov. We hope this information will help to provide guidance in these trying times. Do not hesitate to reach out. For today, the update is specific to eviction moratoriums:
Governor Gavin Newsom issued an executive order on March 16, 2020 banning evictions for renters, tenants and foreclosures and protects against utility shutoffs within the state until May 31, 2020 to protect families who are disproportionately affected by COVID-19. You can find the executive order here: Moratorium Order
Although Loma Linda, Highland and Mentone did not pass moratoriums they are adhering to the moratoriums imposed by both the state and county. They will abide and refer residents to additional resources and organizations when necessary and available.
FACTS TO KNOW ABOUT THE EXECUTIVE ORDER
Neither the Judicial Council’s emergency eviction rule or the Governor’s executive order can stop landlords from filing eviction cases. If you owe rent and can afford to pay your rent, you should. If you cannot pay the full amount of your rent, your landlord can still file an eviction case against you. Cases will not begin until 90 days after May 31, 2020 or the end of the state emergency. If you have an existing eviction trial the case will be delayed for at least 60 days.
“Additionally, tenants who provide documentation that proves they timely notified their landlords and their inability to pay rent are protected against lockout by the sheriff,” said Attorney General Becerra.
Your city may offer additional protections, research your city’s eviction moratorium for additional resources and protections. Although evictions are delayed, tenants should be prepared to take legal action if their landlord files an eviction case. If tenants need legal guidance contact your local legal aid organization, which can be found at: Free Legal Help.
- Governor Newsom’s Executive Order: Moratorium Order
- Attorney General Becerra Update on Executive Order: Attorney General Becerra Issues Update for Tenants Affected by COVID-19
- The Judicial Council’s full emergency eviction rule: Judicial Council's Eviction Rule
- Local Legal Aid Organization: Free Legal Help
SAN BERNARDINO COUNTY’S MORATORIUM
On March 25, 2020 the San Bernardino County Board of Supervisors adopted a resolution halting evictions and foreclosures for residential and commercial properties within San Bernardino County until April 30, 2020 during the COVID-19 pandemic. The termination may be extended by the Board of Supervisors but cannot exceed the date of May 31, 2020 per Governor Newsom’s Executive order.
“Under the resolution, no one can be evicted for failure to pay rent as a result of being impacted by the COVID-19 crisis, including job loss or lay off, loss of house or wages, missing work due to illness, and out-of-pocket medical expenses,” the Board of Supervisors stated.
The Board adopted a resolution that strongly urged utility service providers to place moratoriums on service shutoffs and to waive fees for late or non-payments until April 30, 2020.
San Bernardino County Board of Supervisors Press Release Board of Supervisors Suspend Evictions
THE CITY OF RANCHO CUCAMONGA, REDLANDS AND SAN BERNARDINO
On March 18, 2020 the City of Rancho Cucamonga issued a temporary moratorium on evictions for non-payment related to COVID-19 by residential properties until May 31, 2020 and commercial properties until April 30, 2020. On March 26, 2020 the City of Redlands and On March 20, 2020 the City of San Bernardino issued an executive ordering a moratorium on evictions due to failure of payment by residential and commercial properties affected by COVID-19 until May 31, 2020. All cities site that residential evictions are prohibited whereby tenants are unable to pay rent due to circumstances related to the COVID-19 pandemic, such as:
- Loss of income due to being sick with COVID-19 or caring for a household or family member sick with COVID-19;
- Loss of income due to layoff, workplace closure, or reduced hours due to COVID-19 impacts;
- Loss of income or child care expenditures due to school closures;
- High healthcare costs stemming from COVID-19; and
- Reasonable expenditures or loss of income stemming from government-ordered emergency measures
Rancho Cucamonga and Redlands apply the circumstance stated above for commercial evictions as well.
For San Bernardino, commercial evictions tenants must timely inform their landlord and provide supporting documents that demonstrate they are unable to pay all or a portion of their rent due to limitation or closure related to COVID-19. Commercial tenants may be charged a prorated amount corresponding to their income at the time of the pandemic.
The moratorium does not apply to those with violations of landlord rules or non-COVID-19 nonpayment related.
- City of Rancho Cucamonga: Rancho's Temporary Moratorium
- City of Redlands: Redland's Urgency Ordinance
- City of San Bernardino: Moratorium San Bernardino's Executive Order
ASSEMBLY DISTRICT 40 IS HERE FOR YOU
During these unprecedented times, I want to remind you that our office is always available to assist you in your time of need with state and local agencies. If you need any assistance with any state agency during this time please don’t hesitate to reach out to my office. My office is able to assist you with Renters/Homeowners Assistance Programs, Property Tax Issues, Consumer Complaints, Veterans' Affairs, Unemployment and Disability Insurance, Department of Motor Vehicles and State Franchise Tax Board to name a few. You can reach my office at (909) 476-5023 or (916) 319-2040.
James C. Ramos
Assemblymember, 40th District