HomeMy WebLinkAbout2020/04/21 Written Communications �C
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CHAMBER
PACIFIC SOUTHWEST or COMMERCE
ASSOCIATION OF REALTORSO
April 3,2020
The Honorable Mary Salas, Mayor&Councilmembers
Attn: Mr. Glen Googins,City Attorney
City of Chula Vista
276 Fourth Ave.
Chula Vista,CA 91910
The Pacific Southwest Association of REALTORS®("PSAR")and the Chula vista Chamber of Commerce("Chamber")
each reviewed and discussed the current provisions of the Chula Vista Eviction and Foreclosure Moratorium
Emergency Ordinance and collectively recommend that Chula Vista City Council adopt a balanced approach in
addressing the COVID-19 pandemic and its impacts on tenants, homeowners and small businesses. The"balance"
assures that those who are unable to pay a portion of their rent during this crisis are afforded a temporary reprieve
while ensuring that tenants who are able to pay some or all of the rent are required to do so pursuant to their
agreements with property owners.
We deeply appreciate the diligent efforts of the Chula Vista City Attorney to develop regulations and
modifications to make the implementation of the current Emergency Ordinance fair,reasonable,effective,and
workable.
We appreciate your intent to work with PSAR, the Chamber, and the Southern California Rental Housing
Association, (formerly,the San Diego Apartment Owners Association) to mitigate severe economic impacts and
potential unintended consequences of the City's currently adopted eviction moratorium on property owners,
recognizing that many landlords are small property owners and rely on rents as their primary source of income.
Please take note that this ordinance affects approximately$ 1-1.2 billion in annual rents/business activity in the
City of Chula Vista. You are likely to have no greater single impact on the City's economy. If the final ordinance
and regulations stimulate an additional 3%deferral of rental income activity, beyond what is actually needed,this
action will cause$9 million in reduced income over that short period of time imposing undue economic hardship
on the property owners of Chula Vista, many of whom are small property owners, living on a fixed income. It is
incumbent upon all of our government officials to ensure that the impacts of these well-intended actions are fully
understood. It is important that the City take great care in crafting an ordinance and regulations that will not
financially cripple the small property owners that have trusted,invested,and supported the Chula Vista economy
for decades
We would recommend the following steps be taken to avoid bankrupting rental property owners by adopting
regulations and provisions that will not create a long-term hardship for property owners.
Since the courts have decided to limit their operations and have suspended non-emergency operations through
April 3rd,we believe this will preclude the courts from holding eviction hearings in the short term.
Comments and recommendations relative to:
The Chula Vista Eviction and Foreclosure Moratorium Emergency Ordinance and Proposed Regulations
The City has already helped define the process and a suggested format for notifying landlords which specifies the
following to prove substantial loss of income and advance notification if rent will be reduced or deferred:
• Letter from an employer citing COVID-19 as a reason for reduced work hours or termination.
• Paycheck stubs from before and after the COVID-19 outbreak.
• Bank statements showing the financial situation before and after the outbreak.
Ordinance or regulation provisions should include the following:
• The City shall suggest reasonable standards for rent mitigation such as acceptable percentage ratios of
rent to income to be used as a guideline for temporary rent deferral adjustments. For example,
suggested,adjusted rent payments could be capped at 50 percent of gross tenant income.
• Tenants and borrowers shall be required to submit formal notification to landlords and mortgage service
companies that they have been adversely impacted by the COVID 19 emergency and provide a written
statement to document and justify the extent of the relief requested.
• In the event that a tenant misrepresents the amount of their reduced income,an owner shall be allowed
to begin an eviction and shall be entitled to their normal late charges and penalties associated with non-
payment of rent.
• Tenants shall submit a minimum, 7-day advance notice to the rental owner that the tenant will not be
able to pay the next month's rental payment.
• Tenants and borrowers must submit written support documentation (layoff notices/hour reductions)to
landlords and mortgage service companies,validating that they have been adversely impacted by the
COVID 19 emergency.
• Tenants and borrowers must report, in writing, all deferred payments and rent relief received from the
landlord or lender, including a promise to repay.
• Notwithstanding anything to the contrary,the maximum aggregate amount of rent which may be deferred
by a tenant under this ordinance is equal to three months of rent.
• A landlord may require that the deferred rental total be repaid in equal monthly installments of not less
than 6 months beginning with the first of the month after the termination of the COVID-19 State of
Emergency. If the emergency is abated in a time frame of less than six months,then the deferred rent
repayment period shall not be less than the length of the declared emergency(to the nearest full number
of months),or upon move out,whichever is earlier.
• If requested by the Owner,tenants as a condition of receiving a rent deferral, must execute a promissory
note and repayment agreement.
• Nearly all individuals and families will have the ability to pay some rent during the emergency,which could
help offset large balloon amounts coming due when the moratorium is lifted.Language should be included
to affirm a rental property owner and/or manager's ability to collect that portion of the rent determined
to be affordable and that non-payment of that portion continues to be a violation allowing an owner to
proceed with an unlawful detainer and eviction.
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Comments and recommendations relative to:
The Chula Vista Eviction and Foreclosure Moratorium Emergency Ordinance and Proposed Regulations
In addition,those rents can be a landlord's only source of income to cover food,medication,and self-maintenance
expenses.
We urge the City of Chula Vista to continue to work with PSAR and our community partners to adopt ordinance
changes and new regulations that will strike a balance for both renters and rental owners.
Sincerely,
Robert Cromer
President, Pacific Southwest Association of REALTORS®
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Eric Johnson
President and Chairman, Chula Vista Chamber of Commerce
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April 7,2020
The Honorable Mary Salas,Mayor&Councilmembers
City of Chula Vista
Attn:Chula Vista City Clerk
276 Fourth Ave.
Chula Vista,CA 91910
Dear Madam Mayor and Councilmembers:
SUBJECT: Written Comments-April 7`h Council Agenda, Items 2& 12 Related to
Emergency Ordinance and Regulations Regarding Evictions
You had a first reading of the aforementioned Ordinance in early March and are
conducting the second reading of the Ordinance today. The ordinance has some
provisions which hopefully the Council will address either now or in the immediate
future. Some of those issues are identified in the Implementing regulations. The
general problem with those implementing regulations is that many of the provision are
advisory ONLY and not mandatory and therefore are not enforcable. Below are nmy
continuing issues with the Ordinance and the implementing regulations:
1. Section I(1)(A) makes it unlawful for a landlord to issue a notice to Pay Rent or
Quit if he "knows" that a tenant cannot pay the rent. "Knowing" is defined as
receiving a notice within 30 days after the date the rent is due. Does that mean
landlords are simply prohibited from issuing a 3 day notice until 30 days after
the rent is due since one cannot know if a tenant will submit a notice until 30
days have passed? Or,can a landlord issue a 3 day notice on the fifth day of the
month,as is customary, if no notice of income drop is received from the tenant
by the owner?
2. There is no means test regarding partial rental payments in the Ordinance.
With the adoption of implementing regulations (Item 12) a drop of 30% of the
tenant's prior income will be that test. If their income has dropped less than
30%, it is presumed that a tenant is not protected under the ordinance and can
be evicted for non-payment of the full rent during the moratorium period. Is
that true?
3. Mandatory partial rent payment needs to be covered with the ordinance. The
regulations somewhat address the idea of partial payment but partial rent
payment is only advisory. Therefore, if a tenant's income has dropped, the
Ordinance still completely protects a tenant who pays nothing at all even if their
income has only been partially reduced, as will be the case with nearly all
tenants. Tenants must be required to make partial payments. Your regulations
advise 40%of income toward rent. That needs to be mandatory and you need
to allow a property owner to evict if a tenant is not paying that portion.
I(llliw
4. There needs to be a maximum aggregate amount of rent that can be deferred
by any tenant. A suggestion would be an amount equal not more than 3
months of rent. Landlords, particularly small landlords are not able to simply
defer huge amounts of rent while still paying for all services, repairs, taxes,
insurance and debt. The average rent in Chula Vista is around $1,815.
Therefore,three months of deferred rent to a single tenant would total$5,445.
A landlord should not have to"lend"more money than that to any tenant. How
do you expect the owner to stay in business?
5. Even with the 2nd reading,there is no expiration date on this Ordinance. There
needs to be an expiration date and the Council needs to revisit this matter in
the very near future.
6. The Council needs to monitor the impact of this Ordinance. Nothing in item
requires anyone in the City to provide periodic reporting to the Council on how
this Ordinance is affecting Chula Vista property owners.
My wife and I are small property owners. We rely on our rental property income for about 75%
of our total income and we are not eligible for income support from unemployment insurance
or anything else for that matter. We live a modest life. Our home is a 40-year old 1600 square
foot track home in the oldest subdivision in Rancho Del Rey. We understand the dire
circumstances and threat that we all face related to the Covid-19 virus and property owners,like
everyone in the community, need to share in the pain caused by this pandemic.
Notwithstanding that fad, the Council needs to adopt a balanced approach where small
property owners like myself are not overburdened with unfair obligations to shoulder an
inordinate share of the financial burden of this pandemic on our community.
(llliw Respectfully Submitted,
Mitch Thompson
Chula Vista Small Property Owner
cc: Mr.Glen Googins,City Attorney
April 7,2020 '00)
The Honorable Mary Salas,Mayor&Councilmembers
City of Chula Vista
Attn:Chula Vista City Clerk
276 Fourth Ave.
Chula Vista,CA 91910
Dear Madam Mayor and Councilmembers:
SUBJECT: Written Comments-April 7t'Council Agenda,Items 2&12 Related to
Emergency Ordinance and Regulations Regarding Evictions
I recently found out that you had a first reading of the Ordinance in early March and are
conducting the second reading of the Ordinance today. The ordinance has some
provisions which hopefully the Council will address either now or in the immediate
future. I know that the implementing regulations on item 12 of today's agenda are
meant to address some of the issues. The general problem with those implementing
regulations is that many of the provision are advisory ONLY and not mandatory and
therefore are not enforceable. I have brought this up to a few fellow rental property
owners and below are the continuing issues that we found with the Ordinance and the
implementing regulations: ,
1. Section 1(1)(A)makes it unlawful for a landlord to issue a notice to Pay Rent or
Quit if he "knows" that a tenant cannot pay the rent. "Knowing" is defined as
receiving a notice within 30 days after the date the rent is due. Does that mean
landlords are simply prohibited from issuing a 3 day notice until 30 days after
the rent is due since one cannot know if a tenant will submit a notice until 30
days have passed? Or,can a landlord issue a 3 day notice on the fifth day of the
month,as is customary,if no notice of income drop is received from the tenant
by the owner?
2. There is no means test regarding partial rental payments in the Ordinance.
With the adoption of implementing regulations (Item 12) a drop of 30%of the
tenant's prior income will be that test. If their income has dropped less than
301%,it is presumed that a tenant is not protected under the ordinance and can
be evicted for non-payment of the full rent during the moratorium period. is
thattrue?
3. Mandatory partial rent payment needs to be covered with the ordinance. The
regulations somewhat address the idea of partial payment but partial rent
payment is only advisory. Therefore, if a tenant's income has dropped, the
Ordinance still completely protects a tenant who pays nothing at all even if their
income has only been partially reduced, as will be the case with nearly all
tenants. Tenants must be required to make partial payments. Your regulations
.w)
advise 40%of income toward rent. That needs to be mandatory and you need
to allow a property owner to evict if a tenant is not paying that portion.
4. There needs to be a maximum aggregate amount of rent that can be deferred
by any tenant. A suggestion would be an amount equal not more than 3
months of rent. Landlords, particularly small landlords are not able to simply
defer huge amounts of rent while still paying for all services, repairs, taxes,
insurance and debt. The average rent in Chula Vista is around $1,815.
Therefore,three months of deferred rent to a single tenant would total$5,445.
A landlord should not have to"lend"more money than that to any tenant. How
do you expect the owner to stay in business?
5. Even with the 2"d reading,there is no expiration date on this Ordinance. There
needs to be an expiration date and the Council needs to revisit this matter in
the very near future.
6. The Council needs to monitor the impact of this Ordinance. Nothing in item
requires anyone in the City to provide periodic reporting to the Council on how
this Ordinance is affecting Chula Vista property owners.
I am a small property owner,and my rental income provides 100%of my total income and 1 am
not eligible for income support from unemployment insurance, health insurance or anything
else. My two children and I live in a house that could be considered inhabitable because the
maintenance and repair costs of the rental have absorbed most if not all my profits. Our home
is a 50 -year old 1900 square foot track home in west Chula Vista. I understand the dire
circumstances and threat that we all face related to the Covid-19 virus and property owners,like
everyone in the community,1 need to share in the pain caused by this pandemic. It is a fact that
the Council needs to adopt a balanced approach where small property owners like myself are
not punished with unfair obligations to take on more than our share of the financial burden of
this pandemic on our community.
Respectfully Submitted,
Chula Vista Small Property Owner
Chula Vista,CA 91910
cc: Mr.Glen Googins,City Attorney
Written Communications
Name llio►` ar
Sheree Kansas
Subject: FW:Items 2 and 12,Council Meeting tonight 4-7;RE Eviction Ordinance Related to
Covid-19
Attachments: NARPM Rent Survey-Apri1820 with weighted avg calced for Calif.xlsx; LASSD Eviction
Moratorium FAQ.pdf
From:Mitchell Thompson<
Sent:Thursday,April 16,2020 12:20 PM
To:CityClerk<CityClerk@chulavistaca.gov>; Mike Diaz<mdiaz@chulavistaca.eov>;Mary Salas
<MSalas@chulavistaca.gov>;Jill Galvez<imgalvez@chulavistaca.gov>;Steve C. Padilla<spadilla@chulavistaca.pov>;
John McCann<imccann@chulavistaca.gov>;Gary Halbert<GHalbert@chulavistaca.eov>;Glen Googins
<GGoosins@chulavistaca.sov>
Cc:John Moot<;William Hall<;Rich D'ascoli<>; Mark Scott<>; Molly Kirkland<>;Alan Pentico<
Subject:Re: Items 2 and 12,Council Meeting tonight 4-7; RE Eviction Ordinance Related to Covid-19
Warning:
External Dear Chula Vista City Officials
Email
Attention Glen Googins:
Per our prior discussions regarding items 2 and 12 on the April 7th Council meeting and as a follow up to my written
testimony prior to that council meeting,attached please find the written advisory from the San Diego Legal Aid Society
to tenants. Please take specific notice of the legal noticing form they provide to tenants. Again,the issue is with the
lack of any requirement for a tenant to pay even$1 of rent if their income has gone down significantly. This fatal flaw in
the ordinance needs to be corrected as soon as possible as it appears that the pandemic-created job losses and income
losses will go on for a lengthy period of time and therefore,I expect the duration of your ordinance to be anything but
temporary.
I was disappointed that none of the council members expressed a single concern for the effects of the ordinance on the
property owners in Chula Vista during that hearing and did not address any of my concerns with commentary during
deliberations of the final ordinance. I was thankful that at least Councilman Diaz spoke to me although he had not come
to any conclusioins about my concerns and the necessity for some changes to your ordinance.
We need sensible regulations and the current regulations simply are neither fair nor reasonable and you will most
probably begin to hear from property owners very shortly. How can the Council adopt an ordinance that does not
require a tenant to pay$1 of rent if they have had a drop in income? My average rent for my dozen units in Chula Vista
is$1,500 per month. Based on what the Council has adopted,if this pandemic and the ordinance were to last 8
months(and it likely will) you will have obligated me to potentially provide a loan of$12,000 to any one of those
tenants if their income has dropped and if they do not pay anything during that time. 1 simply could not sustain
that. Please reconsider this ill-advised ordinance and amend it into something that makes some basic sense.
Per our discussion,I am also sending you a recent quick survey that was conducted of about 50,000 units in California
regarding the pay rate for rental housing tenants as of April 8th.The weighted average non-payment level for those
units was at 13.5%on that date. I spoke to one of the largest owners of rental property in Chula Vista and he confirmed
an approximate 15%delinquency rate in his properties as of April 8th. Keep in mind that April 8th is a date at which
minimal effects of job loss would have been truly felt by tenants. I expect a further dramatic increase in the delinquency
rate for rents in May. I also believe,as I mentioned in my letter,that the City needs to follow up and determine for
itself what is the actual situation in Chula Vista with respect to nonpayment of rent so that public policy makers can
1
understand and determine if there are unintended consequences resulting from this hastily crafted ordinance. I
welcome feedback from any council members on my communications.
Please consider this email as public written comment at your next scheduled council meeting.
Sincerely,
Mitch Thompson
On Tue,Apr 7,2020 at 1:30 PM Mitchell Thompson<>wrote:
Mayor and Council,
Please see the attached correspondence which is provided as written testimony for today's council meeting.
Respectfully Submitted,
Mitch Thompson
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LEGAL AID SOCIETY OF SAN DIEGO'S GUIDE TO SAN DIEGO COUNTY
CITY,AND STATE EVICTION MORATORIUMS RELATED TO COVID-19•
WHAT TENANTS AND LANDLORDS NEED TO KNOW
Amended on Aprii 3, 2020
Please be advised that due to the U.S. being in a state of emergency,
government directives and orders, and associated enforcement procedures
are rapidly changing. The contents of this document do not have the force
and effect of law. This document is intended only to provide clarity for the
public regarding existing requirements under the law or agency policies.
This Fact Sheet is intended to provide accurate, general information
regarding legal rights relating to housing in California. Yet because laws and
legal procedures are subject to frequent change and differing interpretations,
Legal Aid Society of San Diego, Inc. cannot ensure the information in this
Fact Sheet is current nor be responsible for any use to which it is put. Do not
rely on this information without consulting an attorney or the appropriate
agency about your rights in your particular situation. Please do not hesitate
to call us to obtain the most up to date information regarding your situation.
1. What local governments have passed eviction moratorium?
Only the following local governments have passed eviction
moratoriums:
• The City of San Diego;
• San Diego County- unincorporated areas ONLY;
• The City of Chula Vista;
• The City of Imperial Beach;
• The City of Oceanside;
• The City of San Marcos;
• Executive Order N-37-20 dated March 27, 2020 from Governor
Newsom:
o Governor's order is applicable statewide.
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2. Who is an"eligible tenant" protected by an emergency
eviction moratorium?
Eligible residential and commercial tenants include those whose income
and ability to pay rent have been substantially affected by the COVID-19
pandemic. You may be protected by an emergency eviction moratorium if
you have experienced any of the following (this is not an exhaustive list):
• Loss of employment due to COVID-19;
• Loss of employment due to diagnosis of COVID-19 or
recommended quarantine;
• Loss or substantial reduction (30% or greater reduction in
salary or hourly wages for City of San Diego) in employment
due to a loss of childcare due to school closure;
• Loss of employment resulting from need to care for a family
member suffering from COVID-19;
• Loss of income due to state/local requirement requiring those 65
and over to stay indoors;
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• Compliance with an order from a government health
authority to stay home, self-quarantine, or avoid
congregation with others during the state of emergency;
• Compliance with other federal, state or local COVID-19
mandate precluding the tenant from earning their normal
income;
• Incurred substantial medical costs related to COVID-19.
If your income or ability to pay rent has been affected by the COVID-19
pandemic, you must notify your landlord and provide documentation
demonstrating the relationship between your inability to pay rent and
COVID-19. Failure to give timely notice waives the protections under the
eviction moratorium.
Please be aware that most of the emergency eviction moratoriums do not
provide protection for a//nonpayment of rent—the inability to pay rent must
be related to or a result of the COVID-19 pandemic or any governmental
response to the COVID-19 pandemic.
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3. 1 lost income as a result of COVID-19. When and how do I
inform my landlord that I am unable to pay my rent?
You must inform your landlord in writing that you are unable to pay the
rent due to a COVID-19 related issue and provide supporting documentation.
FAILURE TO PROVIDE NOTICE OR DOCUMENTATION WITHIN THE
REQUIRED DAYS WAIVES THE PROTECTIONS OF THE EVICTION
MORATORIUM.
NOTICE MUST BE PROVIDED EACH MONTH YOU ARE NOT ABLE TO
PAY RENT BECAUSE OF COVID-19.
• The City of San Diego
o You must inform your landlord in writing on or by the day
your rent is due that you are unable to pay the rent due to
a COVID-19 related issue and provide supporting
documentation within seven (7) days of providing notice.
,.. • San Diego County- unincorporated areas ONLY
o You must inform your landlord in writing within seven (Z)
days of your rent being due that you are unable to pay
the rent due to a COVID-19 related issue and provide
supporting documentation within fourteen (14) days of
providing notice.
• Chula Vista
o You must inform your landlord in writing that you are
unable to pay the rent due to a COVID-19 related issue
and provide supporting documentation within thirty(30)
dans of your rent being due
• Imperial Beach
o You must inform your landlord in writing that you are
unable to pay the rent due to a COVID-19 related issue
and provide supporting documentation within thirty(30)
dans of your rent being due.
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• Oceanside
o You must inform your landlord in writing prior to the rent
due date that you are unable to pay the rent due to a
COVID-19 related issue and provide supporting
documentation within seven (7) dam of your rent being
due.
• San Marcos
o You must inform your landlord in writing that you are
unable to pay the rent due to a COVID-19 related issue
and provide supporting documentation within thirty(3Q)
dans of your rent being due.
• Executive Order N-37-20 dated March 27, 2020 from Governor
Newsom provides as follows:
o You must notify your landlord in writing before the rent is
due, or within a reasonable period of time afterwards not
to exceed seven (7) days, that the tenant needs to delay
all or some payment of rent because of an inability to pay
the full amount due to reasons related to COVID-19.
o Governor's executive order states "documentation must be
provided to the landlord no later than the time upon payment
of back due rent." This language is ambiguous, as the
Executive Order does not specify a timeline for repayment of
back due rent. Accordingly, we highly recommend providing
the documentation as soon as possible, and no later than
required by your local ordinance as outlined above.
o It is our opinion that the Governor's executive seven (7) day
notice requirement overrides more restrictive local notice
requirements. However out of an abundance of caution, we
advise that you provide your written notice no later than the
notice required by your local ordinance as outlined above.
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You may inform your landlord and provide documentation by writing a letter,
sending an email, or sending a text message to your landlord or your
landlord's representative.
However, for the County of San Diego Ordinance, your notice must be given
in writing and delivered pursuant to the notice required under the terms of
the lease, or if no lease, then the notice must be delivered personally, by
mail, or by email to the landlord or the landlord's representative or agent, at
the address where rent is customarily paid.
4. What kind of documentation do I need to provide my landlord
to demonstrate that I cannot pay the rent as a result of
COVID-19, and when do I need to provide it?
An eligible tenant, commercial and residential, must provide supporting
documentation to show they cannot pay the amount of rent due because
they were impacted by the COVID-19 pandemic. (See attached notice
template for commercial and residential tenants.)
Start collecting this documentation early! You need to provide it to your
landlord as soon as possible, and will need to pro vide additional
documentation later on if you need more time to pay your rent.
The deadlines vary depending on where you live:
City of Chula Vista -Within 30 days of the date rent was due.
City of Imperial Beach -Within 30 days of the date rent was due.
City of Oceanside-Within 7 days of the date rent was due.
City of San Diego -Within 7 days of the date rent was due.
City of San Marcos-Within 30 days of the date rent was due.
If you live in any other city in San Diego County, or in an unincorporated
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area of San Diego County-Within 14 days of the date rent was due.
Executive Order N-37-20 dated March 27, 2020 from Governor Newsom
states "documentation must be provided to the landlord no later than the
time upon payment of back due rent." This language is ambiguous, as the
Executive Order does not specify a timeline for repayment of back due rent.
Accordingly, we highly recommend providing the documentation as soon as
possible, and no later than required by your local ordinance as outlined
above.
Acceptable documentation may include, but is not limited to:
• Letter or note from your job stating that you have been laid off, that
your hours have been reduced, or that your place of business is
closed due to COVID-19;
• Letter or text message from your child's school/pre-school/daycare
regarding closures;
• Text message or email from your employer asking you not to come to
work;
• Photo showing your place of employment is closed due to COVID-19;
• Screenshots from Uber, Lyft, Instacart, DoorDash, etc. applications
showing that you have experienced reduced income;
Pay stubs or copies of paychecks for a few months showing that your
income has been reduced;
• Medical documentation related to COVID-19;
• Receipts for medical costs related to COVID-19;
• A signed declaration under penalty of perjury certifying the reason
why you have experienced a reduced income or difficulty paying your
rent as a result of COVID-19 or the governmental response to
COVID-19.
The law requires that any medical or financial information provided to a
landlord must be kept confidential and only used for the sole purpose of
evaluating the tenant's claim for eligibility under the emergency eviction
moratorium.
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5. If I am an eligible tenant, do I still have to pay my rent?
Yes. An emergency eviction moratorium does not relieve you of your
responsibility to pay rent. If you are able to pay some portion of your rent,
you must pay whatever amount you can (this amount will not be considered
a "delayed payment").
The amount of time you have to pay back rent depends on where you live:
City of Chula Vista -The City Council declared a Local Emergency on
March 13, 2020. Once the City Council of Chula Vista determines there
is no longer a Local Emergency and terminates the Emergency
Ordinance, the tenant has up to six months to repay back rent.
City of Imperial Beach -The Imperial Beach resolution does not specify
the amount of time for repayment of rent. The resolution will remain in
effect until either the declared local emergency has ended, state law
specially addressing evictions during the COVID-19 pandemic becomes
effective that preempts the resolution, or May 31, 2020, whichever occurs
soonest. Accordingly, eligible tenants have until the earliest of the
foregoing dates to pay their landlords all unpaid rent.
City of Oceanside -The Oceanside ordinance does not specify the
amount of time for repayment of rent. The ordinance will remain in effect
until May 31, 2020, unless extended by City Council. Accordingly,
eligible tenants have until May 31, 2020 to pay their landlords all unpaid
rent.
City of San Diego- Eligible tenants have up to six months from the date
the Ordinance is effective (March 25, 2020) or the date of the withdrawal
of Governor Newsom's Executive Order N-28-20, whichever occurs
soonest, to pay their landlords all unpaid rent.
City of San Marcos -The San Marcos ordinance does not specify the
amount of time for repayment of rent. The ordinance will remain in effect
until May 31, 2020, unless extended by City Council. Accordingly,
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eligible tenants have until May 31, 2020 to pay their landlords all unpaid
rent.
If you live in any other city in San Diego County than those listed above
or in an unincorporated area of San Diego County-On June 1, 2020 an
eligible tenant has three months (until September 1, 2020) to repay the
rent owed before the landlord may recover possession of the premises
due to missed rent payments. If the tenant remains unable to pay rent
due to COVID-19, the tenant may provide the landlord with another
notice and documentation pursuant to extend payment date by one
additional month.
6. If I am protected by the eviction moratorium, may my
landlord charge me late fees or interest?
Whether your landlord can still charge you late fees/interest depends on
where you live:
City of Chula Vista does not allow your landlord to charge you late fees
for rental payments that fall within the terms of the respective ordinance.
City of Imperial Beach's resolution does not specify whether or not your
landlord may charge you late fees for rental payments that fall within the
terms of the resolution. Accordingly, it is possibly you may be
responsible for charging late fees only if provided for by your written
rental agreement.
City of Oceanside does allow your landlord to charge you late fees, only
if provided for by your written rental agreement, for rental payments that
fall within the terms of the ordinance.
City of San Diego does not allow your landlord to charge you late fees for
rental payments that fall within the terms of the respective ordinances.
City of San Marcos does allow your landlord to recover any late fees
imposed by an underlying rental agreement.
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• t
San Diego County (unincorporated areas) does not allow your landlord to
charge you late fees for rental payments that fall within the terms of the
respective ordinances.
Executive Order N-37-20 dated March 27, 2020 from Governor Newsom
is silent on the issue of late fees. Since the Executive Order N-37-20
does not explicitly prevent the charge of late fees, your landlord may most
likely be able to collect late fees only if provided for by your written rental
agreement.
7. 1 received a "no fault eviction" notice from my landlord, am I
protected by this emergency eviction moratorium?
A so-called "no-fault eviction" is an eviction where the tenant is
evicted through no fault of their own. They paid their rent on time. They
followed the rules. However, the landlord has decided at the end of the
tenant's lease term that he no longer wishes to rent to that tenant.
As of January 1, 2020, a new state-wide, AB 1482, went into effect
providing tenant protections for "no-fault evictions." Please call us or
contact an attorney if you have further questions about how AB1482
may apply to you.
If you live in the city of Chula Vista, you may be protected in the event of a
no-fault eviction notice if:
• The no-fault eviction notice was served or filed on or after March 4,
2020; and
• The no-fault eviction is not necessary for the health and safety of
tenants, neighbors, or the landlord.
No-fault evictions are not protected by the emergency ordinances of the City
of San Diego, the City of San Marcos, the City of Imperial Beach, the City of
Oceanside, the unincorporated areas of the County of San Diego, nor
Governor Newsom's Executive Order.
Page 9 of 11
Justice Begins Here
D-, '4i)
8. What relief is available for landlords who cannot pay their
mortgage?
On March 16, 2020, Governor Newsom signed Executive Order N-28-20
directing mortgage lenders to implement an immediate moratorium on
foreclosures due to a borrower's inability to pay as a result of the COVID-19
pandemic. This moratorium will last until May 31, 2020. If you find yourself
unable to pay your mortgage due to COVID-19, immediately contact your
servicer. Your servicer will likely be unaware of Governor Newsom's
Executive Order. Immediately fax or email the Order to them highlighting
paragraph 5 of the Order. Make sure you retain any documentation showing
your inability to pay due to COVID-19. The ongoing pandemic is fluid and
changes every day. Governor Newsom may issue additional Executive
Orders to provide further clarification.
At the same time, the Governor announced that the following banks have
agreed to defer mortgage payments for 90 days for those impacted by
COVID-19:
• Citigroup; "r
• JP Morgan Chase;
• US Bank;
• Wells Fargo; and
• Over 200 state chartered banks and credit unions.
• These banks have also agreed to waive and reverse any late fees
as well as other fees including early CD withdrawal fees.
There are to be no new foreclosure sales or evictions at least through May
31, 2020.
There are also no credit score changes for accessing this relief.
Page 10 of 11
00:) Justice Begins Here
9. 1 live in a garage, rent a room, or live in an illegal rental unit.
Does this emergency eviction moratorium protect me?
Yes. The emergency eviction moratorium applies to every residential
tenant in regardless of the type of unit they live in or how long they have
lived there. If you need more detailed information, please call us at 877-
LEGAL-AID (877-534-2524).
10. What do I doff my landlord violates the emergency
eviction moratorium and tries to evict me?
If this happens, please call us at 877-LEGAL-AID (877-534-2524).
If your landlord has served you with an eviction notice or initiated eviction
proceedings against you, please contact us right away at 877-LEGAL-AID
(877-534-2524).
11. 1 still have questions,who can I contact for assistance?
The Legal Aid Society is open during this pandemic and our intake
specialists can speak with you Monday- Friday, 9:00 a.m. to 5:00 p.m.
Call us at: 877-LEGAL-AID (877-534-2524)
Page 11 of 11
NOTICE OF INABILITY TO PAY RENT DUE TO
COVID- 19 'J
(DATE)
(ADDRESS OF LANDLORD OR LANDLORD'S AGENT)
Dear
(LANDLORD OR LANDLORD'S AGENT)
I,as detailed herein,am providing you timely notice of my inability to make my regular monthly rental payment
due to financial impacts related to COVID-19,for the property commonly referred to as:
(YOUR ADDRESS)
Specifically,I am unable to make my monthly rental payment because I have experienced
(i)a substantial decrease in household or business income(including but not limited to,a substantial decrease in
household income caused by layoffs or a reduction in the number of compensable hours of work,or a
substantial decrease in business income caused by a reduction in opening hours or consumer demand,)or
substantial out-of-pocket medical expenses; and(ii)the decrease in household or business income or the out-of-
pocket medical expenses described above was caused by the COVID-19 pandemic,or by a local,state,or
federal government response to COVID-19.
Within days of providing you notice of my inability to make my regular monthly rental payment,I will
provide you with documentation or other objectively verifiable information that,due to financial impacts related
to COVID-19, I am unable to pay my regular monthly rent.This documentation may include,but is not limited
to,letters from my employer, financial statements,business records,physician's letter,bills, and/or a
combination thereof. I understand this does not discharge my duty to pay rent per our rental agreement.
Thank you,
TENANT'S NAME(ALL TENANTS OVER 18 YRS.OLD) TENANT'S SIGNATURE(ALL TENANTS OVER 18 YRS.OLD)
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Subject: FW:City of Chula Vista:City Clerk Contact Us-Web Notification
From:Webmaster<Webmaster@chulavistaca.gov>
Sent:Friday,April 17,2020 9:15 AM
To:CityClerk<CityClerk@chulavistaca.gov>
Subject:City of Chula Vista:City Clerk Contact Us-Web Notification
A new entry to a form/survey has been submitted.
Form Name: City Clerk
Date&Time: 04/17/2020 9:15 AM
Response#: 372
Submitter ID: 74185
IP address: 2600:8801:aa00:15b4:1888:234a:da35:59ae
Time to complete: 2 min.,30 sec.
Survey Details
Page 1
Please feel free to contact us with any comments or questions by filling out the form below.
First Name Jeff
Last Name Shelton
Email Address
Comments
(Please add this comment to the record for the 4/21/20 council meeting)Please halt and remove existing 5G towers!They
are affecting our health! Many countries and municipalities are halting the rolling out of 5G technology because of the
concerns raised by citizens.Please read this article in the link provided.
https•//www sandiegouniontribune com/communities/north-county/story/2019-10-31/encinitas-to-ban-5g-wireless-
antennas-near-schools-daycares-residences
Thank you,
City of Chula Vista
This is an automated message generated by the Vision Content Management System—.Please do not reply directly to this email.
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