Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Don Horsley, District 3
Supervisor Warren Slocum, District 4
Subject: Urge the State of California to Extend Eviction Protections Under the California Tenant Relief Act Through December 31, 2021
RECOMMENDATION:
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Adopt a resolution urging the State of California to extend eviction protections under Senate Bill 91, the California Tenant Relief Act, through December 31, 2021.
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BACKGROUND:
On March 3, 2020, pursuant to Section 101080 of the California Health and Safety Code, the San Mateo County Health Officer declared a local health emergency throughout the County related to COVID-19. The Board of Supervisors (the “Board”) ratified and extended this declaration of local health emergency, which remains in effect.
Also on March 3, 2020, pursuant to Section 8630 of the California Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, the San Mateo County Director of Emergency Services proclaimed a local emergency throughout San Mateo County related to COVID-19. The Board ratified and extended the proclamation of local emergency, and this local emergency (“Local Emergency”) remains in effect.
On March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency related to COVID-19 effective throughout California (“State Emergency”). Due to the COVID-19 pandemic, 10,945 renter households in San Mateo County have experienced a loss of income that has forced them into rental debt. On August 31, 2020, Assembly Bill 3088 was enacted to prevent the eviction of renters who cannot pay their rent in full due to COVID-related hardship.
On January 29, 2021, the California Legislature adopted Senate Bill 91 (“SB91”) which extended a residential eviction moratorium throughout the state of California to prevent the eviction of residential tenants unable to pay their rent in full due to the COVID-19 Public Health Emergency. To implement SB 91, the State of California established the Emergency Rental Assistance Program (“ERAP Program”) for the distribution of state and federal funds to address the debt facing millions of tenants and property owners, and the ERAP Program included approximately $47 million in rental relief funds for San Mateo County tenants and property owners, as well as funds to assist with outreach and application assistance.
The current ERAP program guidelines prioritize rental relief payments for debt accrued before March 31, 2021, and do not allow for any payments for prospective rental debt accrued after June 30, 2021.
Although San Mateo County is now in the least restrictive yellow tier and has vaccinated most county residents age 16 and older, many residents continue to suffer from the severe financial impacts of the pandemic, including loss of income due to lay-offs and business closures or the reduction of work hours and extraordinary out-of-pocket medical expenses.
These impacts are compounded by the County’s rental market, where rents are much higher than the national average. As a result, many of the County’s renters are rent-burdened, with some paying over 50% of their income on rent, leaving less money available for other necessities such as healthcare and food.
DISCUSSION:
Currently, the California Tenant Relief Act that affords statewide eviction protections in SB 91 will not allow for any payments for prospective rental debt after June 30, 2021. An extension through December 31, 2021 would protect many tenants from eviction who still face rental debt due to the COVID-19 pandemic.
The Board of Supervisors endorses an extension through December 31, 2021 of the statewide eviction protections set forth in SB 91, the California Tenant Relief Act, and urges the Legislature to extend to December 31, 2021 the time period for which ERAP Program rental relief may be granted
The Board of Supervisors calls upon Governor Newsom and the California State Legislature to pass such eviction protections through the California State budget process to address the effects of the COVID-19 pandemic and stabilize the communities they represent.
FISCAL IMPACT:
None.