Alameda Tenants Now Protected by Coronavirus/COVID-19 Eviction Moratorium
The City of Alameda passed a Coronavirus/COVID-19 eviction moratorium protecting Alameda tenants suffering Coronavirus/COVID-19 related financial impacts from eviction. Already in effect, the Alameda Coronavirus/COVID-19 eviction moratorium, adopted via City of Alameda Ordinance No. 3268, protects Alameda tenants for at least the next sixty days.
What Type of Eviction Does the Alameda Coronavirus/COVID-19 Eviction Moratorium Prohibit?
The Alameda Coronavirus/COVID-19 eviction moratorium prohibits evictions due to non-payment of rent related to the Coronavirus/COVID-19 pandemic.
How do Alameda Tenants Gain Alameda Coronavirus/COVID-19 Eviction Moratorium Eviction Protections?
Unlike many other Coronavirus/COVID-19 eviction moratorium laws, the Alameda Coronavirus/COVID-19 eviction moratorium operates as a defense to an unlawful detainer (eviction) lawsuit. This means that the tenant does not have a duty to preemptively notify their landlord of the need for a Coronavirus/COVID-19 income disruption, or provide evidence. Of course, it behooves tenants to provide this information to the landlord and avoid having to defend against an unlawful detainer (eviction) action.
To qualify for the Alameda Coronavirus/COVID-19 eviction moratorium protections, Alameda tenants must:
- Demonstrate that the tenant has suffered a substantial loss of income due to the Coronavirus/COVID-19;
- Demonstrate that the Coronavirus/COVID-19 pandemic has impacted the tenant;
- Demonstrate with substantial evidence that the tenant, or their household, has suffered a substantial loss of income; and,
- The notice to quit or pay rent must have been served on or after March 1, 2020.
What Substantial Losses of Income Are Covered Under the Alameda Coronavirus/COVID-19 Eviction Moratorium?
Under the Alameda Coronavirus/COVID-19 eviction moratorium, substantial losses of income include:
- A reduction of 20% or more of the tenant’s monthly gross pay;
- Extraordinary out-of-pocket medical expenses; or,
- Extraordinary child care needs arising from school or childcare closures, relating to the Coronavirus/COVID-19 pandemic.
What Coronavirus/COVID-19 Impacts Are Covered Under the Alameda Coronavirus/COVID-19 Eviction Moratorium?
Under the Alameda Coronavirus/COVID-19 eviction moratorium, covered impacts include, but are not limited to:
- The need to remain off work due to Coronavirus/COVID-19 symptoms of the tenant or a household member and the lack of paid sick leave;
- The tenant’s need to self-quarantine because of exposure to Coronavirus/COVID-19 and the lack of paid sick leave;
- A reduction in the number of hours for which the tenant is paid;
- Job loss due to business closure; or,
- The need to be off work to care for children due to school (K-12 or a licensed child care center/family daycare center) closure.
What Documents Can Alameda Tenants Provide Their Landlord to Qualify for the Alameda Coronavirus/COVID-19 Eviction Moratorium?
Permissible supporting documents likely include employer letters citing the Coronavirus/COVID-19 as a reason for adverse impact, paystubs from before and after the Coronavirus/COVID-19 pandemic, or bank statements showing the tenants financial position before and after the Coronavirus/COVID-19 pandemic, or letters from a home-bound child’s school providing notice of closure due to Coronavirus/COVID-19.
Does the Alameda Coronavirus/COVID-19 Eviction Moratorium Prohibit Utility Shut Offs?
Yes. During the Coronavirus/COVID-19 pandemic, Alameda landlords are prohibited from shutting off a tenant’s utilities for any reason unrelated to an emergency.
What Other California Cities Are Passing Coronavirus/COVID-19 Eviction Moratoriums?
Alameda 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, and Los Angeles.
If you are an Alameda tenant with questions about your rights under the Alameda Coronavirus/COVID-19 eviction moratorium or have questions about California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.
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