HomeMy WebLinkAbout2020-04-07 Item 12 - Ordinance - Redline Version - Additional InformationORDINANCE NO. _______
EMERGENCY ORDINANCE AMENDING EMERGENCY ORDINANCE
3483A OF THE CITY OF CHULA VISTA (1) ENACTING A TEMPORARY
MORATORIUM ON EVICTIONS DUE TO A NONPAYMENT OF RENT
FOR RESIDENTIAL AND COMMERCIAL TENANTS WHERE THE
FAILURE TO PAY RENT RESULTS FROM INCOME LOSS RESULTING
FROM THE NOVEL CORONAVIRUS (COVID-19); (2) TRIGGERING THE
SUSPENSION OF FORECLOSURE REMEDIES THAT COULD LEAD TO
EVICTION UNDER SIMILAR CIRCUMSTANCES PURSUANT TO
EXECUTIVE ORDER N-28-20; AND (3) ENSURING CONSISTENCY
WITH GOVERNOR NEWSOM’S EXECUTIVE ORDER N-37-20
WHEREAS, on January 30, 2020, the World Health Organization (“WHO”) declared a
Public Health Emergency of International Concern as a result of the COVID-19 virus. On January
31, 2020, the United States Secretary of Health and Human Services also declared a Public Health
Emergency as a result of the COVID-19 virus; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local
Health Emergency as a result of the COVID-19 virus, which was subsequently ratified by the
Board of Supervisors on February 19, 2020; 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. The declaration was issued as the number of positive California cases continued to
rise and following one official COVID-19 death; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases
nationwide, with many cases in the State of California, the City of Chula Vista Director of
Emergency Services issued a Proclamation declaring a Local Emergency, as authorized by
Government Code section 8630 and Chula Vista Municipal Code section 2.14.080(a), which was
subsequently ratified and adopted by the Chula Vista City Council on March 17, 2020; and
WHEREAS, the Centers for Disease Control and Prevention, the California Department of
Public Health, and the San Diego County Department of Public Health have all issued
recommendations and orders, including, but not limited to, social distancing, staying home if sick,
canceling or postponing large group events, working from home, and other precautions to protect
public health and prevent transmission of this communicable virus; and
WHEREAS, on March 12, 2020 and subsequently amended on March 16, 2020 March 30,
2020, pursuant to California Health and Safety Code sections 101040, 120175, and 120175.5 (b)
the Health Officer of the County of San Diego (“Health Officer”) issued an amended Order of the
Health Officer and Emergency Regulations (the “County Order”) that is effective from Tuesday,
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March 17, 2020 through March 31, 2020 for San Diego County, including all cities. The amended
County Order, inter alia, prohibits all public or private “gatherings,” an event or convening that
brings together 510 or more people in a single room or single space at the same time, the closure
of all bars, adult entertainment establishments, and other business establishments that serve alcohol
and do not serve food, the closure of on-site dining of all restaurants and other business
establishments that serve food, and cessation of classes or other school activities where students
gather on the school campus for all public or private schools, colleges, and universities; and
WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County
Order, all governmental entities in San Diego County are required to take necessary measures
within the governmental entity’s control to ensure compliance with the County Order; and
WHEREAS, as a result of the public health emergency and the precautions recommended
by health authorities to address the COVID-19 virus, many tenants in Chula Vista have
experienced or are expected to soon experience sudden and unexpected income loss; and
WHEREAS, the Governor of the State of California has stated that individuals may be
temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to
COVID-19 and individuals directly affected by COVID-19 may experience potential loss of
income, health care and medical coverage, and ability to pay for housing and basic needs, thereby
placing increased demands on already strained regional and local health and safety resources,
including shelters and food banks; and
WHEREAS, the Governor of the State of California, in Executive Order N-28-20 (dated
March 16, 2020) and Executive Order N-37-20 (dated March 27, 2020), which are is hereby fully
incorporated by reference into this Ordinance, delegated to local entities, including cities, the
authority to enact moratoriums to prevent evictions (including evictions from rental or leased
residential or commercial property or as a result of judicial foreclosure) based on impacts related
to the COVID-19 virus; and
WHEREAS, as a result of the public health emergency and the precautions recommended
by health authorities to address the COVID-19 virus, many tenants in Chula Vista have
experienced or are expected to soon experience sudden and unexpected income loss; and
WHEREAS, the United States Department of Labor reported that unemployment insurance
claims have increased by 3,001,000 application (
https://www.dol.gov/ui/data.pdf); and
WHEREAS, in December 2019, over 50,000 new unemployment claims were filed with
the California Employment Development Department and in a 12-day period since March 13,
2020, over 1,000,000 Californians filed unemployment claims
(https://www.usatoday.com/story/news/nation/2020/03/25/coronavirus-stimulus-unemployment-
census-n-95-cruise-ship-wed-news/5081693002/); and
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WHEREAS, a study by San Diego Workforce Partnership reported that San Diego
County may lose up to 350,000 jobs as a result of the COVID-19 virus
(https://workforce.org/news/potential-impact-of-covid-19-on-employment-in-san-diego-county/);
and
WHEREAS, as a result of the public health emergency and the precautions recommended
and ordered by health authorities to address the health crisis of the COVID-19 viruspandemic,
many tenants in Chula Vista have experienced or are expected to soon experience sudden an d
unexpected income loss; and
WHEREAS, , the City of Chula Vista, including its residents, have been negatively
impacted closures and cancelations of events, schools and all businesses, except for essential
businesses, to limit gatherings of persons and in practice of social distancing. the health crisis of
this global pandemic.As such,sSporting events, concerts, plays, and conferences have been
cancelled. School closures have occurred and may continue. Employees have been advised to
work at home, have had work hours reduced, or have been laid off. As a result, restaurant and
retail business has significantly declined and workers have been impacted by lost wages and
layoffs. Parents have had to miss work to care for home-bound school-age children. As the virus
spreads, workers may have to stay at home and businesses maust have to restrict their activities or
close for extended periods; and
WHEREAS, Chula Vista residents, particularly those within low wage and service
industries, are left without work and are experiencing sudden and unexpected loss of income and
health care. These households are at risk of maintaining housing and falling into homelessness
and may have limited access to health care and therefore, at greater risk of exposure to infectious
disease, such as COVID-19; and
WHEREAS, over 402% of the housing stock in the City of Chula Vista is rental housing;
and 44% of all Chula Vista renters pay more than 50% of their income towards housing costs
(2011-2015 CHAS); and
WHEREAS, 47% of Chula Vista’s households are of lower income earning and earn 80%
of the Area Median Income or less ($68,000 annual income for a family of four) and 46% of these
households pay more than 50% of their income towards housing costs as renters and homeowners
(2011-2015 CHAS); and
WHEREAS, even before the COVID-19 pandemic, there existed a lack of affordable
housing in the State of California, including San Diego County
(https://www.gov.ca.gov/2019/03/11/governor-newsom-announces-legislative-proposals-to-
confront-the-housing-cost-crisis/); and
WHEREAS, given existing income levels of Chula Vista residents and the existing high
cost of housing in San Diego County prior to the COVID-19 pandemic and emergency, any further
reductions in income would exacerbate existing housing affordability issues.; and
WHEREAS, further economic impacts are anticipated, leaving tenants vulnerable to
eviction; and
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WHEREAS, during this Local Emergency, and in the interest of protecting the public
health and preventing transmission of COVID-19, the City Council of the City of Chula Vista finds
that it is essential to avoid unnecessary housing displacement, to protect the City’s affordable
housing stock, and to prevent housed individuals from falling into homelessness; and
WHEREAS, in accordance with Chula Vista Municipal Code section 2.14.080(F)(1), the
City of Chula Vista Director of Emergency Services recommends that the City Council adopt the
below amendments to Ordinance 3483A as a local measure in order to protect the life and property
of the residents of Chula Vista affected by the emergency declared as a result of the COVID -19
virus; and
WHEREAS, based on the facts and circumstances stated above, the Chula Vista City
Council hereby finds that it is necessary to establish this Ordinance as an Emergency Ordinance,
within the meaning of City of Chula Vista Charter section 311(d), for preserving the public peace,
health, safety, and general welfare as a result of the impacts of the COVID-19 virus.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows
and Ordinance 3483A is hereby amended as follows::
Section I. Temporary Moratorium on Evictions Based Upon Failure to
Pay Rent and Judicial Foreclosures Due to COVID-19.
1. Findings. The City Council of the City of Chula Vista hereby fully incorporates the above
Recitals into this Ordinance and finds that they are true and correct.
1.2.Lease-Rent Eviction Moratorium. A temporary moratorium on eviction for non-payment
of rent by residential or commercial tenants (collectively “tenant”) impacted by the
COVID-19 virus is hereby enacted as follows:
A. It shall be unlawful and prohibited for a landlord to evict a residential or commercial
tenant in either of the following situations: (1) for nonpayment of rent if the tenant
demonstrates that the tenant is unable to pay rent due to financial impacts related to
COVID-19 or (2) for a no-fault eviction unless necessary for the health and safety of
tenants, neighbors, or the landlord.
B. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for
the reasons set forth in Paragraph A, above, shall not serve notice pursuant to Code of
Civil Procedure 1161(2), 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 if a tenant has
complied with the requirements of this Ordinance. A landlord knows of a tenant’s
inability to pay rent within the meaning of this Ordinance if the tenant, within 30 days
after the on the date rent is due or within seven (7) days of the due date, notifies the
landlord in writing of lost income and inability to pay full rent due to financial impacts
of COVID-19, and provides documentation to support the claim within seven (7) of
said notice.
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C. For purposes of this Ordinance, “in writing” includes email or text communications to
a landlord or landlord’s representative or agent with whom the tenant has previously
corresponded by email or text. Any medical or financial information provided to the
landlord shall be held in confidence, and only used for evaluating the tenant’s claim.
Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent, which
the landlord may seek after expiration date of this Ordinance the local emergency and
which the tenant must pay within six (6) months after the expiration date of this
Ordinance (“Tenant Repayment Period”). If a tenant opts to move while the Ordinance is
effective or during the Tenant Repayment Period, all owed rent is due upon move out unless
the lease dictates otherwise.of the expiration of the local emergency. A landlord may
not charge or collect a late fee for rent that is delayed for the reasons stated in this
Ordinance; nor may a landlord seek rent that is delayed for reasons stated in this
Ordinance through the eviction process.
D. For purposes of this Ordinance, “financial impacts related to COVID-19” includes, but
is not limited to, tenant a substantial losts of household or business income as a result
of any of the following: (1) being sick with the COVID-19 virus or caring for a
household or family member who is sick with the COVID-19 virus; (2) lay-off, loss of
hours, or other income reduction resulting from business closure (including, for
commercial tenants, the loss of customer purchases of products or services) or other
economic or employer or business impacts of COVID-19; (3) compliance with an order
from a government health authority to stay home, self-quarantine, or avoid
congregation with others during a state of emergency; (4) extraordinary out-of-pocket
medical expenses; or (5) child care needs arising from school closures related to
COVID-19.
E. For purposes of this Ordinance, “no-fault eviction” means any eviction for which the
notice to terminate tenancy is not based on alleged fault by the tenant, including, but
not limited to, evictions notices served pursuant to Code of Civil Procedure sections
1161(1), 1161(5), or 1162c.
F. A tenant for purposes of this Ordinance also includes a person who leases or rents space
in a mobilehome park for a mobilehome in which they reside.
G. This Ordinance applies to nonpayment eviction notices, no-fault eviction notices, and
unlawful detainer actions based on such notices, served or filed on or after the date on
which the State of California declared a State of Emergency.
2.3.Foreclosure Suspension. Pursuant to Executive Order N-28-20 issued by the California
Governor on March 16, 2020, evictions based upon foreclosure proceedings are prohibited
as follows:
A. The statutory cause of action for judicial foreclosure, Code of Civil Procedure section
725a et. seq.; the statutory cause of action for unlawful detainer, Code of Civil
Procedure section 1162., et. seq., and any other statutory cause of action that could be
used to evict or otherwise eject a residential or commercial tenant or occupant of
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residential real property after foreclosure is suspended only as applied to any tenancy,
or residential real property and any occupation thereof, in which the eviction is based
on the following:
i. The basis for the eviction is a foreclosure, arising out of a substantial
decrease in household or business income, (including, but not limited
to, a substantial decrease in household income cause by the layoffs or a
reduction in the compensable hours of work, or a substantial decrease
in business income caused by a reduction of opening hours or consumer
demand), or substantial out-of-pocket expenses; and
ii. The decrease in household or business income or the out-of-pocket
expenses described above, was caused by the COVID-19 pandemic, or
by local, state, or federal government response to COVID-19, and is
documented.
B. This Paragraph 2 shall become inoperative effective May 31, 2020, unless extended
by Executive Order issued by the Governor of the State of California.
3.4.Penalties-Remedies. This Ordinance shall be punishable as set forth in Municipal Code
Section 1.20.010(A). This Ordinance may also be enforced as set forth in Municipal Code
section 1.20.010(G).
5. Payment Obligation. This Ordinance shall not relieve tenant of any obligation to pay
lawfully due rent, lease, or mortgage payments to landlord or mortgagor.
4.6.Affirmative Defense. A tenant with financial impacts related to the COVID-19 virus may
use the protections afforded in this Ordinance as an affirmative defense in an unlawful
detainer action.
5.7.Rules and Regulations. The City Manager (pursuant to Chula Vista Charter Section 401)
and the Director of Emergency Services (pursuant to Chula Vista Municipal Code section
2.14.080) may also make and issue rules and regulations pursuant to Chula Vista
Municipal Code section 2.14.080 to implement this Ordinance.
6.8.Duration. Unless extended by City Council, this Ordinance shall remain in effect until
May 31, 2020.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
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Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, but not
to duplicate or contradict, applicable state and federal law (including Executive Orders Nos. N-
28-20 and N-37-20) and this Ordinance shall be construed in light of that intent.
Section IV. Effective Date
Based on the facts and circumstances set forth above, it is necessary to establish this
Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter section
311(d), for preserving the public peace, health, safety, and general welfare as a result of the
COVID-19 virus and is hereby effective upon passage by City Council.
This Ordinance shall also take effect and be in force on the thirtieth day after its final
passage.
In the event of conflict of effective dates, this Ordinance shall be effective upon the
earliest lawful effective date.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney