Albany tenants are protected from evictions related to Coronavirus/COVID-19 income disruptions. Until at least May 31, 2020, Albany landlords shall evict an Albany tenant for non-payment of rent where the Coronavirus/COVID-19 pandemic has impacted the tenant.  The Albany Coronavirus/COVID-19 eviction moratorium also includes a rent increase moratorium.

Albany Coronavirus/COVID-19 Eviction Moratorium

To qualify for eviction protections, Albany tenants must:

  1. Demonstrate that the Coronavirus/COVID-19 or a government emergency response measure has impacted their household or business income;
  2. Within 30 days after the date that the rent is due, provide the landlord with written notice of inability to pay rent due to the Coronavirus/COVID-19 impact, with supporting documentation.

Under the Albany Coronavirus/COVID-19 eviction moratorium, impacts include:

  1. Contracting Coronavirus/COVID-19;
  2. Caring for a household or family member who has contracted Coronavirus/COVID-19;
  3. Income disruption via layoff, wage or hour reduction, work closure, business closure, or other income reduction resulting from Coronavirus/COVID-19;
  4. Complying with a government or health authority order to stay home, self-quarantine, or other similar order;
  5. Substantial out-of-pocket medical expenses; or,
  6. Child care needs arising from school closure due to Coronavirus/COVID-19.

Supporting documentation likely includes, paystubs, time cards, proof of out-of-pocket medical expenses related to Coronavirus/COVID-19, proof of medical care or quarantine, employer or school notes, or doctors citing the Coronavirus/COVID-19.

Although Albany tenants must eventually pay the deferred rent, landlords may not charge a late fee for rent delayed under the Albany Coronavirus/COVID-19 eviction moratorium.  Albany tenants have 6 months following the expiration of the Albany Coronavirus/COVID-19 eviction moratorium to pay any deferred rent.

Albany Coronavirus/COVID-19 Rent Increase Moratorium

During the Coronavirus/COVID-19 pandemic, Albany landlords may not collect rent increased during the state of emergency if the tenant has demonstrated they are unable to pay rent due to Coronavirus/COVID-19 financial impacts.  This provision does not apply to tenancies covered by California Rent Control, tenancies exempt from California Rent Control, or local rent control by state law (Costa-Hawkins).

To qualify for rent increase protections, Albany tenants must:

  1. Demonstrate that the Coronavirus/COVID-19 or a government emergency response measure has impacted their household or business income;
  2. Within 30 days after the date that the rent is due, provide the landlord with written notice of inability to pay rent due to the Coronavirus/COVID-19 impact, with supporting documentation.

Under the Albany Coronavirus/COVID-19 rent increase moratorium, impacts include:

  1. Contracting Coronavirus/COVID-19;
  2. Caring for a household or family member who has contracted Coronavirus/COVID-19;
  3. Income disruption via layoff, wage or hour reduction, work closure, business closure, or other income reduction resulting from Coronavirus/COVID-19;
  4. Complying with a government or health authority order to stay home, self-quarantine, or other similar order;
  5. Substantial out-of-pocket medical expenses; or,
  6. Child care needs arising from school closure due to Coronavirus/COVID-19.

The Albany Coronavirus/COVID-19 rent increase moratorium does not relieve the tenant of their obligation to pay the increased rent after the Coronavirus/COVID-19 pandemic.  Unfortunately, the rent increase is only deferred.

The Albany Coronavirus/COVID-19 eviction & rent increase moratorium shall remain in effect until at least May 31, 2020.

Albany joins numerous other California cities that have, or will soon pass, Coronavirus/COVID-19 eviction moratoriums, including San Francisco, Oakland, Berkeley, San Jose, Santa Monica, Culver City, Stockton, Sacramento, San Diego, Alameda, Burbank, Pasadena, Vallejo, Inglewood, Glendale, El Monte, South Pasadena, Richmond, Emeryville, Ojai, Palo Alto, Clearlake, Palm Springs, Goleta, Santa Ana, San Louis Obispo County, West Sacramento, Watsonville, Woodland, Anaheim, Beverly Hills, Benicia, Camarillo, San Leandro, Union City, Concord and Los Angeles.

Click here to read the unabridged Albany Coronavirus/COVID-19 Eviction Moratorium.

If you are an Albany tenant with questions about your rights under the Albany Coronavirus/COVID-19 eviction & rent increase moratorium or have questions about California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.