Governor Newsom has signed Assembly Bill 832 (AB 832), which extends statewide protections and rent relief programs enacted by SB 91 in January 2021. Most significantly, the Act extends the state’s residential eviction moratorium for non-payment of rent due to COVID-19 related reasons to September 30, 2021 and expands the State Rent Relief Program.
SB 91 created the State Rental Assistance Program funded by federal appropriations. The Program allowed landlords of qualifying residential tenants or the tenants themselves to apply for rental assistance, prioritizing rent in arrears over prospective rent. Landlords of qualifying tenants were eligible to receive 80 percent of unpaid rental debt accumulated from April 1, 2020 through March 31, 2021.
Under the expanded Program, a landlord is eligible for 100 percent of unpaid rental debt of eligible households accumulated after April 1, 2020. The expanded program will also include financial assistance for prospective rent payments for eligible households. To receive payment, the landlord must give up the right to evict
an eligible tenant based on COVID-19 rental debt. Furthermore, landlords and residential tenants who previously participated in the Program may still be eligible to recover any remaining unpaid rent covered by the Program expansion. Information regarding the program and links to applications for landlords and tenants may be found at www.housingiskey.com or housing.ca.gov.
In addition to protection from eviction due to COVID-19-related financial hardship, after June 30 West Hollywood residential tenants will be covered by the County of Los Angeles eviction moratorium through September 30, 2021. Under the County’s moratorium, tenants may not be evicted for any of the following additional reasons during the moratorium period:
● No-fault reasons, including but not limited to, substantial remodels or demolition of property, except where a landlord who owns a single-family home as of June 30, 2021 and intends to move into the home for their or their family member’s use as their principal place of residence with exceptions for tenants who have been financially impacted by COVID-19 or the landlord or family member is similarly situated if the displaced tenant is a senior, disabled, or low-income;
● Nuisance or unauthorized occupants or pets whose presence is necessitated by or related to the COVID-19 emergency; and/or
● Denial of entry, except for remedying a condition that substantially endangers or impairs or safety, or if the tenant is causing or threatening to cause substantial damage to the rental unit.
With Governor Newsom having signed AB 832, statewide protections for residential tenants are extended through September 30, 2021. Under AB 832, no tenant can be evicted as a result of rent owed due to a COVID-19 related hardship accrued between March 4, 2020 and August 31, 2020 if, upon notice from the landlord, the tenant provides a declaration of hardship according to the legislation’s timelines. For rental debt due to a COVID-19-related hardship that accrues between September 1, 2020 and September 30, 2021, tenants who receive a notice from their landlords must also pay at least 25 percent of the rent due before September 30, 2021, to avoid eviction. For more information and additional details, read the announcement from the Office of Governor Gavin Newsom and read the full text of AB 823 provided on the California Legislative Information website. For more information about the City of West Hollywood and residential eviction protections, please contact Jonathan Holub, Rent Stabilization and Housing Manager, at (323) 848-6301 or at jholub@weho.org.
On Monday, June 21, 2021, the City Council of the City of West Hollywood approved Urgency Ordinance No. 21-1156U, which extends the City’s Temporary Moratorium on Commercial Evictions through September 30, 2021.
Key points of the Commercial Eviction Moratorium include:
● Commercial tenants are protected from eviction for non-payment of rent until September 30, 2021.
As of October 1, 2021:
● Businesses with 20 or fewer employees have twelve (12) months to repay all deferred rent;
● Businesses with 21 or more employees have six (6) months to repay all deferred rent;
● In order to receive the protection of the Ordinance, the tenant must demonstrate that the tenant’s business is closed or limited to prevent the spread of the virus and the tenant demonstrates lost income and inability to pay rent;
● The tenant must provide notice to the landlord of inability to pay and documentation for each month that the tenant is unable to pay full rent (not one time for the moratorium period); and
● Businesses that are open and operating under the Health Orders without specific limitations from the County Health Order are required to pay a minimum 25 percent of rent each month.
The City of West Hollywood first approved its Commercial Eviction Moratorium in April 2020. This temporary moratorium on evictions for commercial tenants has been revised throughout the COVID-19 pandemic, including on May 4, 2020; July 15, 2020; September 21, 2020; January 19, 2021; March 15, 2021; and, most recently, on June 21, 2021. The most recent revision, approval of Urgency Ordinance 21-1156U, protects commercial tenants from eviction for non-payment of rent until September 30, 2021. Full text of the Urgency Ordinance is available on the City’s website by visiting: www.weho.org/home/showpublisheddocument/50192.
For more information about the City of West Hollywood and commercial eviction protections, as well as free landlord/tenant mediation and template repayment plans, please contact Janet Jimenez, Assistant to the City Manager, at (323) 848-6376 or at jjimenez@weho.org.
The City of West Hollywood remains in a declared local emergency in response to the coronavirus (COVID-19) pandemic. West Hollywood City Hall and many public City buildings and facilities have been shut to in-person transactions as services were transitioned to a virtual environment to safeguard community health and safety. The City of West Hollywood is implementing plans to reopen in-person services at City Hall in July 2021; details will be forthcoming on the City’s website www.weho.org. City Hall remains fully accessible for services with transactions to be conducted by phone (323) 848-6400 and via the City’s website.
City of West Hollywood coronavirus updates are available at www.weho.org/coronavirus and information about eviction protection is regularly updated in sections marked “Renters Resources” and “Small Business Resources.” The City encourages community members to follow @wehocity on Twitter, Facebook, and Instagram and to turn on notifications for up-to-date information.
Great content! Keep up the good work!