Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 08, 2020
Title
ADOPTION OF AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TEMPORARY MORATORIUM ON RESIDENTIAL EVICTIONS TO PREVENT PREMATURE EVICTIONS IN ADVANCE OF REMODEL/DEMOLITION DURING THE COVID-19 PANDEMIC AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY
(City Attorney Michael Jenkins)
(Assistant City Attorney Lauren Langer)
Recommended Action:
Recommendation
Staff recommends that the City Council adopt Urgency Ordinance No. 20-1422U of the City of Hermosa Beach to amend provisions of the moratorium on residential evictions and setting forth the facts constituting such urgency (Attachment 1).
The urgency ordinance requires four-fifths vote of the city council and if approved, will take effect immediately.
Body
Executive Summary
In response to the devastating economic impacts of COVID-19, the City passed an Urgency Ordinance on March 24, 2020, which instituted an eviction moratorium covering nonpayment of rent due to COVID-19 retroactive to March 16, 2020. The Urgency Ordinance currently in effect allows residential tenants to avoid eviction for non-payment of rent due to financial impacts related to COVID-19 through January 31, 2021, so long as they satisfy enumerated requirements. Residential tenants may still be evicted when a landlord intends to demolish or substantially remodel the residential property leased by the tenant. The proposed ordinance would prohibit residential landlords from terminating a residential tenancy in order to demolish or substantially remodel the property unless and until they obtain all permits necessary to commence the work.
Background:
On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency to address the global pandemic caused by a respiratory disease which has been named “COVID-19”. On March 15, 2020, the Mayor of the City of Hermosa Beach (“City”), Mayor Mary Campbell, declared a state of local emergency. At a special meeting on March 16, 2020, the City Council approved and ratified the declaration of local emergency.
On March 24, 2020, the City passed an Urgency Ordinance, which instituted an eviction moratorium covering nonpayment of rent due to COVID-19 retroactive to March 16, 2020. The eviction moratorium was extended and modified through a series of amendments to respond to the changing nature of the COVID-19 pandemic and various laws enacted at the state and county level.
The Urgency Ordinance currently in effect (Ordinance No. 20-1417U) allows residential tenants to avoid eviction for non-payment of rent due to financial impacts related to COVID-19 until January 31, 2021, so long as they pay 25% of total rent that came due from October 2020 through January 2021 and satisfy other requirements. The existing eviction moratorium therefore only protects residential tenants that are unable to pay rent due to COVID-19 economic impacts.
Residential tenants may be evicted when a landlord intends to demolish or substantially remodel the residential property leased by the tenant. This creates a potential situation where a landlord evicts a tenant, and then delays in starting the demolition or remodeling work. Such a delay could result in premature evictions that leave families without shelter for a longer than necessary period of time. There is no limit on how long a landlord has to begin work once the tenant is evicted.
Effective November 30, 2020, the Los Angeles County Public Health Department enacted its latest stay-at-home order requesting individuals remain in their homes as much as possible and to avoid crowding and mingling with non-household members. The order comes after many Americans gathered and traveled over the Thanksgiving holiday in the midst of a winter surge of COVID-19 cases and deaths. According to the County Health Department, daily peaks are now more than double the County’s peak of daily cases during the summer surge.
Therefore, additional protections are needed to ensure that residential tenants are not victims of premature evictions and scrambling to find shelter during a dramatic surge in COVID-19 cases that is predicted to grow worse in the coming months.
Analysis
Proposed Urgency Ordinance
The proposed ordinance would prohibit residential landlords from terminating a residential tenancy in order to demolish or substantially remodel the property unless and until they obtain all permits necessary to commence the work. The ordinance does not prevent landlords from evicting tenants from residential property they want to demolish or substantially remodel; it merely changes the sequence of steps needed before they may do so. “Substantially remodel” means to make a modification of the property that requires a permit from the City. This proposed ordinance applies to tenancy termination notices, and eviction notices, and unlawful detainer actions based on such notices, served or filed on or before the effective date of this ordinance; but, where the time to vacate the property has not passed. To the extent applicable, landlords must provide relocation assistance and satisfy other requirements in accordance with the Tenant Protection Act of 2019 (Cal. Civil Code § 1946.2) for a no-fault just cause eviction. The ordinance would expire on January 31, 2021, the end date of the statewide residential eviction moratorium, AB 3088.
The degree of the health and economic impact of the pandemic is unprecedented and unknown. Millions of people have filed for unemployment and are struggling to meet such basic needs as rent. The City has been hit hard economically. By preventing premature evictions, the proposed ordinance ensures that residents remain housed for as long as possible, promotes compliance with the County’s latest stay-at-home order, and helps to curb the spread of COVID-19 during the winter surge of COVID-19 cases.
In light of the foregoing, the proposed ordinance should be adopted on an urgency basis, taking effect immediately pursuant to Government Code section 36937, for the preservation of the public peace, health, and safety of residents living within the City, based on the facts described herein and set forth in the Urgency Ordinance.
Fiscal Impact:
There is not anticipated to be a direct fiscal impact from this ordinance. The City of Hermosa Beach initially incurs all costs related to the City’s response to the COVID-19 Pandemic, but will submit requests for cost recovery to the California Office of Emergency Services (CalOES).
Attachments:
1. Urgency Ordinance No. 20-1422U to amend provisions of the moratorium on residential evictions and setting forth the facts constituting such urgency.
Respectfully Submitted by: Michael Jenkins, City Attorney
Lauren Langer, Assistant City Attorney
Noted for Fiscal Impact: Viki Copeland, Finance Director
Approved: Suja Lowenthal, City Manager