City takes action on rent
Eureka residents are getting more time to pay their rent and stall any eviction proceedings.
The Eureka City Council voted unanimously at a special meeting Monday to extend a temporary moratorium on evictions where the tenant isn’t at fault and for tenants who are unable to pay rent as a result of the COVID-19 pandemic through July 28.
“If the landlord has reason to believe that rent is not being paid for non-COVID-related reasons, under the ordinance, and again, not considering the effect of the governor’s order, but under the ordinance, I believe the landlord could proceed to eviction,” Eureka City Attorney Robert Black, who wrote the ordinance, told the council. “And the governor’s orders do affect the ability of the courts to even consider an eviction during a fixed period of time.”
The moratorium was originally passed April 7 and prevented no-fault and nonpayment evictions through May 31, in addition to giving renters six months to pay back the rent they owed from April 1 to May 31. The new moratorium was passed following an executive order issued by Gov. Gavin Newsom on May 29, giving cities and counties the ability to extend the moratorium for an additional 60 days.
The ordinance expands the protections in the governor’s orders, in part, to include commercial tenants in addition to residential tenants and gives tenants an additional six months to pay back the rent that was owed.
The ordinance requires payment of back rent to be worked out by the tenant and landlord or for even payments from August to the end of January 2021.
The council received two public comments — one in support of extending the ordinance and the other against.
Susan Bingham, a broker and owner of Arrow Property Management, said “99% of tenants are finding resources to help them pay rent.”
Bingham gave the example of a tenant who made a partial $300 payment for a rental unit costing $1,150 per month in March, but failed to pay rent for the months of April, May and June without giving written notice.
“By Nov. 30, the tenants will owe the $4,300 they owe through June and then another $5,750 for July through November for a total of $10,050,” she said. “We strongly request that the city not extend the moratorium. The lost income for the owner is staggering.”
Councilmember Leslie Castellano pointed out that unless the emergency ordinance was extended past July 28, any rent due for August and subsequent months would have to be paid.
Gregory Holtz, an attorney with Legal Services of Northern California, said the ordinance doesn’t protect tenants who aren’t following the rules laid out by the ordinance.
“The real question the city is considering isn’t whether tenants have to pay rent today,” Holtz said. “It’s what’s going to happen at the end of the emergency.”
Evictions aren’t taking place during the COVID-19 emergency anyway, Holtz said, and the ordinance just gives tenants who do follow the rules and the payback plan “substantive protections and not just time.”
“Everyone’s going to get the time, but at the end of the day, some people will be able to fight for their right to stay housed and some won’t,” he said.
The government is providing assistance, Holtz said, but not everyone has received it yet.