California Covid-19 Moratorium Timeline

Fair Housing Covid-19 Eviction Moratorium Facts

Fair Housing Protections

Covid-19 can generate conditions where an individual is perceived as having a disabilityor cause long term or permanent impairments and therefore be protected from discrimination on the basis of disability.
In negotiating any rental payments, tenants cannot be treated differently in the process on the basis of any local, state, or federal protected class such as race, color, family status, disability, religion, sex, national origin, sexual orientation etc.

Sexual Harassment claims are on the rise. Landlords cannot ask for sexual favors to pay for rent.

National Origin complaints in relation to Covid-19 are also increasing. Residents cannot be discriminated against because they appear to come from a country thought to be associated with Covid-19.

Individuals with disabilities can request accommodations and modifications to ensure their safety from Covid-19 on the property.

Additional Legal and Financial Protections for Tenants

Landlords must give a 15-day notice for nonpayment, not including weekends or judicialholidays to pay rent or be evicted.

Landlords are required to provide COVID-19 related financial hardship declaration forms in the same language the rental agreement was negotiated in.

If tenants have ‘good reason’ for missing the 15-day deadline, they can still file through the court for similar protections.

Eviction cases involving nonpayment of rent between March 4, 2020 – June 30, 2021 will be limited in public disclosure (“masked”).

If the landlord is shown to be evicting the tenant for COVID-19-related nonpayment of rent amounts but is stated as ‘Just Cause’ the same protections apply before June 30, 2021.

Tenants Still Responsible for Paying Unpaid Amounts to Landlords

So long as the tenant with COVID-19 related financial hardship follows the bill’s procedures, any unpaid rent due between March 4, 2020 – June 30, 2021 is not a ground/basis for eviction but is still owed to the landlord as a form of consumer debt.

Small claims court jurisdiction is temporarily expanded to allow landlords to recover these.

Landlords may begin to recover this debt on August 1, 2021. This expanded small claims court provision sunsets on July 1, 2025

Emergency Rental Assistance Program

Federal Funds will be available through the Emergency Rental Assistance Program (ERAP) to assist in paying owed rent between April 1, 2020 and March 31, 2021

Tenant must earn less than 80% of area median income for consideration.

Lower income tenants will be prioritized.

Optional for Landlord to participate in program.

If landlords participate, rental assistance can pay up to 80% as long as the remaining 20% of owed debt is forgiven.

If landlords choose not to participate, rental assistance can pay up to 25% of the owed debt. No debt will be forgiven under this option.

Protections for Small Landlords

Two new laws, AB 3088, and SB 91, provide relief to homeowners and landlords with four (4) or fewer properties, whether those properties are owner-occupied or not, and who have had difficulty making mortgage payments because of COVID-19.

If you have a federally backed mortgage, you can request forbearance pursuant to the federal CARES Act to help you avoid becoming delinquent on your mortgage.

There is a Federal and CA State Foreclosure Moratorium until June 30, 2021. If you need assistance with applying for a loan modification or forbearance on your mortgage, complete our Online Intake Form for individual assistance.

***Significant Penalties for Landlords Who Do Not Follow Court Evictions Process ***