Richmond Coronavirus/COVID-19 Eviction Moratorium Extended Until May 31, 2020
On April 27, 2020, the Richmond Director of Emergency Services issued a Supplemental Order extending the Richmond Coronavirus/COVID-19 eviction moratorium until at least May 31, 2020. Under the Richmond Coronavirus/COVID-19 eviction moratorium, no Richmond landlord shall act to evict a Richmond tenant for nonpayment of rent related to a Coronavirus/COVID-19 financial impact, or perform a no-fault eviction, unless necessary for the health and safety of tenants, neighbors, or the landlord.
What no-fault evictions does the Richmond Coronavirus/COVID-19 eviction moratorium prohibit?
Under the Richmond Rent Ordinance, landlords need just cause to evict a tenant. Just cause reasons for eviction include situations where the tenant is at fault and situations where the tenant is evicted through no fault of their own, or “no-fault” evictions. During the Coronavirus/COVID-19 pandemic, Richmond landlords are not permitted to perform no-fault evictions. Prohibited no-fault evictions include, but are not limited to:
- Temporary vacate for substantial repairs;
- Owner move-in or relative move-in eviction;
- Ellis Act eviction; and,
- Lawful termination of a temporary tenancy.
How do Richmond Tenants Impacted by the Coronavirus/COVID-19 Pandemic Qualify for the Eviction Moratorium?
To qualify for eviction protections, Richmond tenants must:
- Demonstrate that the Coronavirus/COVID-19 has impacted them;
- Provide the landlord a written notice of inability to pay rent due to the Coronavirus/COVID-19 impact, with supporting documentation.
Under the Richmond Coronavirus/COVID-19 Eviction Moratorium, What Impacts Qualify A Tenant for Coverage?
Under the Richmond Coronavirus/COVID-19 eviction moratorium, impacts include:
- Being sick with Coronavirus/COVID-19;
- Caring for a household or family member who has Coronavirus/COVID-19;
- Layoff, loss of hours, or other income reduction resulting from business closure, or other Coronavirus/COVID-19 economic impact;
- Compliance with a government order to stay home, self-quarantine, or avoid congregating with others during the Coronavirus/COVID-19 pandemic;
- Extraordinary out-of-pocket medical expenses; or,
- Child care needs arising from school closures related to the Coronavirus/COVID-19.
What Supporting Documents Can Richmond Tenants Provide to Qualify for the Richmond Coronavirus/COVID-19 Eviction Moratorium?
The Richmond Coronavirus/COVID-19 eviction moratorium expressly states that document includes, but is not limited to medical and financial information. Supporting documentation may also likely include, 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.
Paying Rent Deferred Due to the Coronavirus/COVID-19 Pandemic
Although Richmond tenants must ultimately eventually pay all deferred rent, landlords may not charge a late fee for rent delayed under the Richmond Coronavirus/COVID-19 eviction moratorium. Richmond tenants have six months from the date the Coronavirus/COVID-19 state of emergency ceases to pay any deferred rent. Additionally, a landlord may not utilize the eviction process to collect rent deferred through the Richmond Coronavirus/COVID-19 eviction moratorium.
What Other Cities Are Passing Coronavirus/COVID-19 Eviction Moratoria?
Richmond is one of numerous other California cities that have, or will soon pass, Coronavirus/COVID-19 eviction moratoria, 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, 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, Albany, East Palo Alto, Emeryville, Livermore, and Los Angeles.
If you are a Richmond tenant with questions about your rights under the Richmond Coronavirus/COVID-19 eviction moratorium or have questions about, Richmond Rent Control, the Richmond Rent Ordinance, or California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.
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