CC 03-24-20 #1 Moratorium on Evictions _Revised A - Draft Urgency Ordinance1
ORDINANCE NO. _____________
AN URGENCY ORDINANCE OF THE CITY OF CUPERTINO ENACTING AN
IMMEDIATE TEMPORARY MORATORIUM ON EVICTIONS DUE TO NONPAYMENT
OF RENT FOR RESIDENTIAL TENANTS WHERE THE FAILURE TO PAY RENT
RESULTS FROM INCOME LOSS RESULTING FROM THE NOVEL CORONAVIRUS
(COVID-19), AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY
WHEREAS, on February 3, 2020 and pursuant to Section 101080 of the California
Health and Safety Code, the Santa Clara County Health Officer (the “Health Officer”) declared
a local health emergency throughout Santa Clara County (the “County”) related to the novel
coronavirus (“COVID-19”); and
WHEREAS, on February 3, 2020, and pursuant to Section 8630 of the California
Government Code, the Santa Clara County Director of Emergency Services proclaimed a local
emergency throughout the County related to COVID-19; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State
of Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for a
broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the County issued updated guidance for workplaces
and businesses, stating that employers should take steps to make it more feasible for their
employees to work in ways that minimize close contact with large numbers of people,
including: 1) suspend nonessential employee travel; and 2) minimize the number of employees
working within arm’s length of one another, including minimizing or canceling large in-person
meetings and conferences. The County also recommended that persons at higher risk of severe
illness should stay home and away from crowded social gatherings of people as much as
possible such as parades, conferences, sporting events, and concerts where large numbers of
people are within arm’s length of one another; and
WHEREAS, as of March 9, 2020, the County reported that there were 43 cases of
persons testing positive for COVID-19 in the County, an increase of 23 in five days. In
response, the County, pursuant to its authority under California Health and Safety Codes
sections 101040, 101085, and 120175, ordered that private mass gatherings attended by one
thousand persons are prohibited until March 31, 2020 (the “Order”). This Order was based
upon evidence of increasing transmission of COVID-19 within the County, scientific evidence
regarding the most effective approaches to slow the transmission of communicable diseases
generally and COVID-19 specifically, as well as best practices as currently known and
available to protect vulnerable members of the public from avoidable risk of serious illness or
death resulting from exposure to COVID-19; and
WHEREAS, on March 11, 2020, the City Manager for the City of Cupertino (“City”)
declared a local emergency throughout the City related to COVID-19; and
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WHEREAS, on March 17, 2020, the Council ratified and continued the City Manager’s
declaration of a local emergency; and
WHEREAS, on March 13, 2020, the County issued a new Order mandating a
countywide moratorium on gatherings of more than 100 persons and a conditional countywide
moratorium on gatherings of between 35-100 persons. California Governor Gavin Newsom
also called for bar, wineries, and brewery pubs to close. These restrictions impact how
businesses operate that rely on customer patronage and will result in loss revenue for those that
cannot continue to operate their businesses during this time or must operate under severe
restrictions; and
WHEREAS, on March 16, 2020, Governor Newsom issued Executive Order N-28-20,
which grants cities, counties and cities and counties broad authority to enact temporary
moratoria on residential and commercial evictions based on a non-payment of rent caused by
the COVID-19 pandemic or the federal, state and/or local response to the COVID-19
pandemic; and
WHEREAS, also on March 16, 2020 the County, along with five other Bay Area
counties, issued a sweeping a Shelter in Place Order; and
WHEREAS, the County Superintendent of Schools and all district superintendents in
the County decided to close schools to students for three weeks beginning Monday, March 16,
2020. These school closures will cause children to have to remain at home, leading to many
parents adjusting their work schedules to take time off work, whether paid or unpaid. Hourly
wage earners are unlikely to be paid for time off. The inability to work due to school closures
will economically strain those families who cannot afford to take off time from work to stay at
home; and
WHEREAS, on March 19, 2020, Governor Newsom ordered all individuals living in
the State of California to stay home or at their place of residence, with limited exceptions, to
stop the spread of COVID-19; and
WHEREAS, as a result of the State of Emergency and the subsequent prohibitions on
large gatherings, and shelter in place orders, many City residential tenants have experienced
sudden and substantial income loss due to business and school closures, layoffs or reductions
in work hours and extraordinary out-of-pocket medical expenses, making it challenging for
them to pay rent on time and thus, more likely to face the prospect of eviction; and
WHEREAS, this Ordinance is a temporary moratorium intended to promote stability
and fairness within the residential rental market in the City during the COVID-19 pandemic
outbreak, and to prevent avoidable homelessness thereby serving the public peace, health,
safety, and public welfare and to enable tenants in the City whose income and ability to work
is affected due to COVID-19 to remain in their homes; and
WHEREAS, displacement through eviction destabilizes the living situation of tenants
and impacts the health of Cupertino’s residents by uprooting children from schools, disrupting
the social ties and networks that are integral to citizens' welfare and the stability of
communities within the City; and
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WHEREAS, displacement through eviction creates undue hardship for tenants through
additional relocation costs, stress and anxiety, and the threat of homelessness due to the lack of
alternative housing; and
WHEREAS, during the COVID-19 pandemic outbreak, affected tenants who have lost
income due to impact on the economy or their employment are at risk of homelessness if they
are evicted for non-payment as they will have little or no income and thus be unable to secure
other housing if evicted; and
WHEREAS, housing instability threatens the public peace, health and safety as eviction
from one’s home can lead to homelessness; loss of community; stress and anxiety caused by
the experience of displacement; interruption of the education of any children in the home;
increased incidence of families moving into overcrowded conditions creating greater risk for
the spread of COVID-19; and
WHEREAS, West Valley Community Services, a Bay Area nonprofit dedicated to
housing and food services for Cupertino and surrounding communities, reports that the recent
outbreak of COVID-19, and the subsequent impacts on employment in service-sector jobs, are
having a dire impact on these communities’ most vulnerable residents; requests for rental
assistance have significantly increased, as both current and new clients are laid off or
furloughed without pay; these families are at risk of becoming homeless, as they are unable to
pay their rent at the end of the month; and a moratorium on evictions would help keep
residents housed; and
WHEREAS, the City, pursuant to its police powers, has broad authority to maintain
public peace, health, and safety of its community and preserve quality of life for residents
throughout the City; and
WHEREAS, given the severe consequences to public health and safety throughout the
City that would result from evictions of residential tenants during the City-wide local health
emergency, the City finds and determines that a temporary moratorium on evictions based on
non-payment of rent due to COVID-19 or the government response to COVID-19 and no-fault
terminations of tenancy (unless required for the health and safety of the tenant or the landlord)
is necessary to curb the spread of COVID-19 across all areas of the City and contain the virus
to the greatest extent possible and thereby serve the public peace, health and safety.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
CUPERTINO:
SECTION 1. The uncodified Ordinance set out in the attached Exhibit A is hereby approved.
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SECTION 2. Government Code section 36937(a) authorizes the adoption of an urgency
ordinance to protect the public peace, health or safety, where there is a declaration of the facts
constituting the urgency and the ordinance is adopted by four-fifths of the Council.
SECTION 3. The City Council hereby finds, determines and declares that this urgency
ordinance adopted pursuant to California Government Code section 36937 is necessary because
there is a current and immediate threat to the public health, safety and/or welfare and a need for
immediate preservation of the public peace, health, or safety that warrants this urgency measure,
which finding is based upon the facts stated in the recitals above, all of which are deemed true
and correct, as well any oral and written testimony at the March 17, 2020 and March 24, 2020
City Council meetings.
SECTION 4. This Ordinance and any moratorium that may be established thereunder is declared
by the City Council to be an urgency measure necessary for the immediate preservation of the
public peace, health or safety. The facts constituting such urgency are all of those certain facts set
forth and referenced in Section 3 of this Ordinance.
SECTION 5. The City Council of the City of Cupertino held a duly noticed public meeting on
March 24, 2020, and after considering all testimony and written materials provided in connection
with that meeting introduced this ordinance and waived the reading thereof.
SECTION 6. This urgency ordinance shall take effect immediately upon adoption in accordance
with the provisions set forth in Government Code section 36937 and shall remain in effect for sixty
(60) days, unless extended by the City Council.
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EXHIBIT A
IMMEDIATE TEMPORARY MORATORIUM ON EVICTIONS DUE TO
NONPAYMENT OF RENT FOR RESIDENTIAL TENANTS WHERE THE FAILURE TO
PAY RENT RESULTS FROM WAGE LOSS DUE TO THE NOVEL CORONAVIRUS
(COVID-19)
SECTION 1: Title
This Ordinance shall be known as the “COVID-19 Eviction Moratorium Ordinance.”
SECTION 2: Policy and Purposes Declaration
The purposes of this Ordinance are to promote housing stability during the COVID-19 pandemic
and to prevent avoidable homelessness. This Ordinance is immediately necessary for the
immediate preservation of the public peace, health or safety because the COVID-19 pandemic has
the potential for destabilizing the residential rental market for all of the reasons described herein.
It is intended to enable tenants in the City whose employment and income have been affected by
the COVID-19 pandemic to be temporarily exempt from eviction for non-payment of rent and to
reduce the risk that these events will lead to anxiety, stress and potential homelessness for the
affected City residents and their communities thereby serving the public peace, health, safety, and
public welfare. The temporary moratorium on evictions for non-payment imposed by this
Ordinance is created pursuant to the City's general police powers to protect the health, safety, and
welfare of its residents and exists in addition to any rights and obligations under state and federal
law.
SECTION 3: Term, Expiration
A. This Ordinance is effective immediately and shall expire within sixty (60) days after its
adoption.
B. The moratorium will commence upon adoption by City Council of a Resolution setting
forth the facts and circumstances for activation and shall expire forty-five (45) days after
adoption, unless the Resolution is otherwise extended by approval of the City Council.
SECTION 4: Moratorium on Nonpayment and No Cause Terminations
A. During the term of this Ordinance, while a moratorium is activated by Resolution of the
City Council, no landlord shall endeavor to evict a tenantfile or prosecute an unlawful
detainer action in either of the following situations:
(1) for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay full
rent due to financial impacts related to COVID-19, including, but not limited to, tenant lost
household income as a result of any of the following: (1) being sick with COVID-19, or
caring for a household or family member who is sick with COVID-19; (2) lay-off, loss of
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hours, or other income reduction resulting from business closure or other economic or
employer impacts of COVID-19; (3) compliance with aan order or recommendation from
a government health authority to stay home, self-quarantine, or avoid congregating with
others during the state of emergency; (4) extraordinary out-of-pocket medical expenses; or
(5) child care needs arising from school closures related to COVID-19; or
(2) for a no-fault eviction unless necessary for the health and safety of tenants, neighbors,
or the landlord. A “no-fault eviction” refers to any eviction for which the notice to terminate
tenancy is not based on alleged fault by the tenant, including but not limited to eviction
notices served pursuant to Code of Civil Procedure sections 1161(1), 1161(5), or 1161c.
B. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the
reasons set forth above shall not file or prosecute an unlawful detainer action based on a 3-
day pay or quit notice, or otherwise seek to evict for nonpayment of rent.
B. Any 3-day pay or quit notice, or any other eviction notice, issued to a tenant shall be
accompanied with written notice of the identity and mailing address of the landlord, notice
of the Moratorium and this Ordinance on a form approved by the City, and the amount of
rent due.
D. A landlord knows of a tenant’s inability to pay rent withinC. In order for the
meaning of protections in Section 4.A.1.B if to apply, the tenant must, before expiration of
the 3-day pay or quit notice, notifiesor any other eviction notice, notify the landlord in
writing ofthat the tenant has lost income and inabilityis unable to pay full rent due to
financial impacts related to COVID-19. For purposes of this Ordinance, “in writing”
includes email or text communications to a landlord or the landlord’s representative with
whom the tenant has previously corresponded by email or text. Documentation supporting
the notification may be submitted at any time, including after the expiration of a notice to
quit.
ED. The following documents, provided to the landlord at any point in time, shall create a
rebuttable presumption that the tenant has met the documentation requirementis unable to
pay rent as set forth in Section 4.DA.1, however, they are not the exclusive form of
documentation demonstrating impacts to income due to COVID-19:
(1) letter from employer citing COVID-19 as a reason for reduced work hours or
termination;
(2) employer paycheck stubs;
(3) bank statements.
(4) hospital or doctor’s bills for COVID-19 related illnesses of tenant or individual in
tenant’s care.
Any medical or financial information provided to the landlord shall be held in
confidence, and only used for evaluating the tenant’s claim.
FE. Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent, which the
landlord may seek after expiration of the Moratorium and the tenant must pay within 180
days of the expiration of the Moratorium. During that 180-day period, the protections
against eviction found in Section 4 of this Ordinance apply as to any rent the tenant was
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unable to pay as a result of the causes set forth in Section 4.A.1.
GF. A landlord may not charge or collect a late fee or other penalty for rent that is delayed for
the reasons stated in this Ordinance; nor may a landlord seek rent that is delayed for the
reasons stated in this Ordinance through the eviction process.
HG. This Ordinance applies to pending nonpayment eviction notices and no-fault eviction
notices issued on or after March 11, 2020.
SECTION 5: Enforcement
A. Non-compliance with any applicable component of this Ordinance shall constitute an
affirmative defense for a tenant against any unlawful detainer action under California Code
of Civil Procedure section 1161, as amended.
B. Any landlord that fail(s) to comply with this Ordinance may be subject to civil proceedings
for displacement of tenant(s) initiated by the City or tenant household for actual and
exemplary damages.
C. Whoever is found to have violated this Ordinance shall be subject to appropriate injunctive
relief and shall be liable for damages, costs and reasonable attorneys' fees.
D. Treble damages shall be awarded for a landlord's willful failure to comply with the
obligations established under this Ordinance.
SECTION 6: Severability
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
or its application to any person or circumstance, be determined by a court of competent jurisdiction
to be unlawful, unenforceable or otherwise void, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain in effect
after the invalid portion has been eliminated.
SECTION 7: Compliance with CEQA
The City Council finds that the adoption and implementation of this Ordinance is not a project
under the requirements of the California Environmental Quality Act, together with related State
CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical
change in the environment. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility that the action approved
may have a significant effect on the environment. CEQA applies only to actions which have the
potential for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
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environment, the activity is not subject to CEQA. In this circumstance, the proposed action to
enact tenant protections would have no or only a de minimis effect on the environment because
it helps preserve the status quo and reduce displacement. The foregoing determination is made
by the City Council in its independent judgment.
SECTION 8: Publication
The City Clerk is directed to cause this ordinance to be published in the manner required by
law.
Introduced and adopted as an urgency ordinance of the City of Cupertino at a special meeting of
the City Council held on March 24, 2020, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
__________________
Steven Scharf, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
__________________________
Heather Minner, City Attorney
________________________
Date