Chapter 16.21
TEMPORARY MORATORIUM ON THE EVICTION OF RESIDENTIAL TENANTS WHERE THE FAILURE TO PAY RENT IS DUE TO INCOME LOSS OR HEALTH CARE COSTS FROM THE NOVEL CORONAVIRUS (COVID-19)
Sections:
16.21.005 Duration.
This chapter shall remain in effect until the expiration of the Governor’s Executive Order N-28-20, including any extensions, or until this chapter is otherwise repealed or this section is otherwise amended by the city. [Ord. 8-2020 § 3].
16.21.010 Definitions.
A. “Covered reason for delayed payment” means a tenant’s loss of income due to any of the following:
1. Tenant was sick with COVID-19 or caring for a household or family member who was sick with COVID-19;
2. Tenant experienced a lay-off, loss of hours, or other income reduction resulting from COVID-19 or the state of emergency;
3. Tenant’s compliance with an order from a government agency to stay home, self-quarantine, or avoid congregating with others during the state of emergency; or
4. Tenant’s need to miss work to care for a home-bound school-age child.
B. “Mobile home” means those structures defined in California Civil Code Section 798, et seq., and other forms of vehicles designed or used for human habitation, including camping trailers, recreational vehicles, motor homes, slide-in campers, or travel trailers, that occupy a site in a mobile home park as defined in Civil Code Sections 798.4 and 798.6.
C. “Mobile home park” means any manufactured home park as defined in Civil Code Sections 798.4 and 798.6.
D. “Owner” means any person, acting as principal or through an agent, providing residential real property for rent.
E. “Residential real property” means any dwelling, mobile home, or unit that is intended or used for human habitation in the city of Rancho Cordova.
F. “Tenancy” means the lawful occupation of residential real property, including in mobile homes and mobile home parks, and includes a lease or sublease.
G. “Tenant” means a residential tenant, subtenant, lessee, sublessee, or any other person entitled by written or oral rental agreement, or by sufferance, to use or occupancy of residential real property. [Ord. 8-2020 § 3].
16.21.015 Moratorium.
A. No owner shall endeavor to evict a tenant from residential real property for nonpayment of rent if the tenant, in accordance with this chapter, demonstrates that the inability to pay rent is due to a covered reason for delayed payment.
B. To utilize the protections afforded under this chapter, a tenant must do all of the following:
1. Notify the owner in writing before the day rent is due that the tenant has a covered reason for delayed payment;
2. Provide the owner with verifiable documentation to support the assertion of a covered reason for delayed payment; and
3. Pay a portion of the rent that the tenant is able to pay.
C. If a tenant complies with the requirements of subsection (B) of this section, an owner shall not serve a notice pursuant to California Code of Civil Procedure Sections 1161 and 1162, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise endeavor to evict the tenant for nonpayment of rent.
D. A tenant who is afforded eviction protection under this chapter shall have up to 120 days after the expiration of the Governor’s Executive Order N-28-20, including any extensions, to pay owners all unpaid rent without any related late fees. During that 120-day period, the protections of this chapter shall apply for such tenants.
E. Nothing in this chapter relieves a tenant of liability for unpaid rent after expiration of this chapter, nor restricts an owner’s ability to recover rent due for other lawful reasons. [Ord. 8-2020 § 3].
16.21.020 Remedies.
In addition to any other remedy under state law, any person who violates a provision of this chapter is subject to the penalties set forth in RCMC 1.01.190(E) and (F). [Ord. 8-2020 § 3].