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Housing – COVID-19 Issues

Last updated September 2, 2021

 

August 24, 2021 Under the Code of Civil Procedure section 1179.03 the following 15 day notice samples are available for landlords to use, organized by type of rental situation. These samples are made available from Butte County Law Library.

Notice A Protected Rent Period – House or Condo + High Income Tenant

Notice B Protected Rent Period – House or Condo + non high-income Income Tenant

Notice C Protect Rent Period – Apartment (et cetera) + High Income Tenant

Notice D Protect Rent Period – Apartment (et cetera) + non high-income Income Tenant

Notice E Transitional Rent Period – House or Condo + High Income Tenant

Notice F Transitional Rent Period – House or Condo – non high-income tenant

Notice G Transitional Rent Period – Apartment (et cetera) + High Income Tenant

Notice H Transitional Rent Period – Apartment (et cetera) + Non-High Income Tenant

Under the Code of Civil Procedure section 1946.2, subsection (b)(2), the following 60-day notice of termination of tenancy for no-fault just cause is available. This sample was made available from Butte County Law Library.

60-Day Notice of Termination of Tenancy for No-Fault Just Cause

August 9, 2021 From the Consumer Financial Protection Bureau (CFPB): Information for Landlords on Federal rental assistance

Update from the CDC August 3, 2021: Temporary Protection from Eviction

EVICTIONS

Tenants throughout the State of California (State), including City of San Diego (City) residents, cannot be evicted for nonpayment of rent related to COVID-19 at least until October 1, 2021 – https://www.sdhc.org/evictionban/

August 2021: There were several evictions bans (CDC, state, city, county) that overlapped. Some have already expired and some will expire soon. If you are a landlord or a tenant, please see this guide from Legal Aid Society of San Diego. There are differences between evictions for nonpayment of rent Did you know that landlords may have to have specific language in their eviction notice, if it is a reason other than not paying rent?

August 2021: Guidance from HUD for landlords dealing with tenants who owe rent.

June 2021: Article from the CFPB – Facing eviction? What to do before the CDC eviction moratorium expires

May 2021: The City of San Diego and the County of San Diego have new rental assistance programs. For details, see below under the Need Help With Your Rent heading.

On January 28, 2021, Governor Newsom signed legislation to assist California renters and landlords.

  1. An extension of the state’s eviction moratorium through June 30, 2021.
  2. $2.6 billion in rental relief.

 

On December 27, 2020, two types of relief for renters were signed into law to benefit renters nationwide. Click here to learn more details about this relief.

  1. $25 billion for emergency rental assistance . The funds will be distributed by the U.S. Department of Treasury to states and local governments in 2021.
  2. An extension of the CDC’s eviction moratorium until at least March 31, 2021. This means the protections last beyond the CDC’s original expiration date of December 31, 2020.

 

There is a lot of information about restrictions on evictions in California due to COVID-19. This short article provides an overview of how different state, federal, and local laws and rules work together. Additionally, the San Francisco Law Library published an informational video on January 27, 2021 that helps to explain various renter and landlord protections.

LANDLORDS

Beginning September 1, 2021, the County of San Diego’s Rental Assistance for Small Landlord Program is making direct financial assistance available to landlords who own property in the County, with no more than five units, and who have tenants who are at least three months overdue for paying rent.
https://www.sandiegocounty.gov/content/sdc/sdhcd/community-development/RASL.html

 

HOMEOWNERS

From the Consumer Financial Protection Bureau: New mortgage servicing rule aims to prevent avoidable foreclosures as protections expire.

 

 

CALIFORNIA

This article (updated 1/11/2021) from Procopio highlights what California residential landlords need to be familiar with about the California Relief Act (AB 3088).

 

On October 5, 2020, a new state law on evictions allows landlords to start filing residential eviction cases for failure to pay rent or other financial obligations. This law provides protections for renters who are given an eviction notice because they are unable to pay their rent or other charges between March 1, 2020 through January 31, 2021, due to COVID-19-related financial distress. To read more about this update and new forms, check out this page of the California Court’s website.

 

There are also federal protections in place and many cities and counties have local ordinances that were developed to extend special protections to renters during the COVID-19 emergency.

 

On August 31, 2020, Governor Gavin Newsom signed Assembly Bill No. 3088 under which no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 – August 31, 2020, if the tenant provides a declaration of hardship according to the legislation’s timelines. For a COVID-19 related hardship that accrues between September 1, 2020 – January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction. For more, check out this resource.

 

Here is a link to Assembly Bill No. 3088.

 

An interactive guide to protections for landlords and tenants under the California Tenants Relief Act of 2020 is available here.

 

Are you a tenant looking for help to explain to your landlord that your are having trouble paying your rent because of COVID-19 / Coronavirus? One tool that can help is hellolandlord.org. The website has sample letters you can use and modify to explain your situation to your landlord.

Are you a landlord looking for resources? Check out San Diego Law Library’s Landlord Tenant Self Help Center.

 

City of San Diego:

Has passed an ordinance to provide an eviction moratorium. Tenants are still responsible for rent and landlord will be able to recover owed rent at a later time. On June 30, 2020, this ordinance was extended to September 30, 2020.

On January 26, 2021, the City Council approved legislation that protects tenants in San Diego once state and federal protections have expired.

 

The City of San Diego voted to extend rent payment period for tenants struggled with COVID-19 till Dec. 30, 2020, but still needs a second vote. Read more here.

 

DO YOU NEED HELP WITH YOUR RENT DUE TO COVID-19

State of California:

August 2021 Update:  California has COVID-19 rent relief available for qualifying tenants AND landlords.

City of San Diego Rental Assistance

The San Diego Housing Commission has a new housing stability assistance program. For application and details, click here.

The City of San Diego has created a COVID-19 Emergency Rental Assistance Program. There is an online application you can access here. The deadline has passed, but you may visit this page to join the wait list for rental assistance.

San Diego County Rental Assistance Payments

The County of San Diego 2021 Emergency Rental and Utilities Assistance Program (ERAP) helps eligible households in qualifying areas who have been financially impacted by the COVID-19 pandemic. The program provides payment assistance for renters who need help with rent and utilities. Applications will be accepted until funds are no longer available. Find application and details here.

The County of of San Diego has an up to date listing of all the rental assistance programs throughout the region, viewable here.

Starting March 2, 2021 renters throughout the San Diego region will be able to apply for additional rental and utility assistance:

https://www.countynewscenter.com/county-ready-to-distribute-over-100-million-in-rental-assistance/

As of December 1, 2020, the County of San Diego is accepting applications for up to $3000 in rental assistance from qualifying households that have experienced economic hardship due to COVID-19. Applications will be accepted until the funding runs out:

https://www.sandiegocounty.gov/content/sdc/sdhcd/rental-assistance.html

On August 17, 2020, the City of Vista announced a rental assistance program for tenants impacted by COVID-19. You can read more about the program here.

 

On July 24, 2020 San Diego Law Library hosted the webinar Landlord Tenant Law Update. The recording is viewable below, and on our YouTube channel.

Video Resource Tutorials

Other Local/City Resources

Here is an informational sheet and a sample letter to write to your landlord if you’re having difficulty paying your agreed-upon rent.

San Diego Housing Commission has a variety of resources.

 

County of San Diego:

Do you have questions about your landlord’s actions during the COVID-19 outbreak? The San Diego Volunteer Lawyer Program is still available to assist with your landlord-tenant issues. You can contact them at 619-235-5656, ext. 127.

 

The San Diego Legal Aid Society has put together guidance about San Diego City and County’s Emergency Rules relating to Evictions and Landlords. The Legal Aid Society of San Diego can help with eviction matters. Visit their website www.lassd.org or call their hotline 877-534-2524.

 

Additionally, if you are either a landlord or a tenant, the San Diego Volunteer Law Program can answer your questions by calling 619-235-5656 x127. Their Tenant Rights Clinic is also available to answer your tenant questions at 760-429-6304.

 

California:

Overview of Protections by County or City

The San Diego Legal Aid Society has put together guidance about California Judicial Council’s Emergency Rules relating to Evictions and Landlords.

 

This is a collection of protections in many counties or cities in California. It is not alphabetical so you’ll have to scan for your city or county. It was last updated April 4, 2020.

 

The California Lawyer’s Association prepared a video with an overview of California’s Eviction Moratorium. To see additional videos on this topic, visit their website.

Federal:

CARES Act Protections:

Under section 4024 of the CARES Act, for 120 days beginning on March 27, 2020, lessors of “covered dwellings” cannot file a court action for an eviction or charge additional fees for nonpayment of rent if their dwelling is secured by a federally backed mortgage or participates in various federal programs.

 

Housing and Urban Development (HUD):

Webpage with updates on federal housing programs in light of the coronavirus.

March 18 2020 – HUD suspends all foreclosures and issues an eviction moratorium for 60 days for anyone with a FHA-insured mortgage. See the article for full information. This has been extended to August 31. There is a more complete description of various protections and time periods here.

On July 8 2020 HUD announced an eviction prevention and stability toolkit, available here.

 

MORTGAGES:

Are you having trouble paying your mortgage because of COVID-19 / Coronavirus, but you’re not sure how to talk to your lender? One tool that can help is hellolender.org. The website has sample letters you

The National Consumer Law Center released a new chapter on homeowners rights for free. Check it out here.

UPDATE December 23, 2020 from the Consumer Finance Protection Bureau: Mortgage relief deadlines have been expended for mortgages backed by federal government agencies or the government sponsored agencies, Fannie Mae and Freddie Mac. Read more about the protections here.

 

California:

Many banks are waiving mortgage payments for up to 90 days for California residents who have been directly impacted by COVID-19. The banks include Wells Fargo, US Bank, Citi, and JP Morgan Chase. Bank of America has instituted a 30-day waiver which can be extended. Check here for more information about programs from hundreds of banks.

 

CARES Act Protections:

The CARES Act created important protections for owners of 1 to 4 properties as well those who own 5 or more properties.

 

Are you having trouble paying your mortgage due to events related to COVID-19? Do you have questions about whether the CARES Act can help you? The National Consumer Law Center has put together a help page to help answer your questions about both the CARES Act and other programs. In September, new rights for homeowners exiting forbearance were announced.

 

They have also put together an overview of options if you are facing a foreclosure.

 

 

Consumer Financial Protection Bureau:

They have created a in-depth guide to possible mortgage relief options if you’re having trouble with your mortgage due to COVID-19. Help for Homeowners and renters, and landlords.

 

 

 

 

PROPERTY TAXES IN SAN DIEGO COUNTY

San Diego County’s Tax Collector announced that tax payers who could not pay their second property tax installment on time due to issues related to COVID-19 can request to have their penalty cancelled. Under Gov. Gavin Newsom’s May 6 executive order, certain property owners directly affected by COVID-19 have until May 6, 2021, to file a special COVID-19 penalty cancellation request. To see details about qualifying, read the announcement here and check out the application and instructions here.

 

ADDITIONAL RESOURCES

The National Legal Aid & Defender Association (NLADA) has prepared a resource guide covering COVID-19 Updates and Resources. See section on Housing, Debt, and Consumer Issues.

 

From the Consumer Financial Protection Bureau:

Know your rights as a renter facing eviction

Rental assistance may help you and your tenants get through the pandemic

Stanford Law School Compilation of Legal Memoranda Related to COVID-19:

Stanford Law School created a searchable database of memos written by top U.S law firms on a variety of COVID-19 related legal issues including issues related to housing and eviction.

http://covidmemo.law.stanford.edu/

 
 
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