City of Long Beach - File #: 20-0255

• File #: 20-0255
• Version: 2
• Name: CA - ORD/temporary prohibition on evictions due to COVID-19
• Type: Emergency Ordinance
• Status: Adopted
• File created: 3/20/2020
• In control: Joint Meeting of the City Council and Housing Authority
• On agenda: 3/24/2020
• Final action: 4/14/2020
• Title: Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Chapter 8.100, to temporarily prohibit evictions due to COVID-19 through May 31, 2020; declaring the urgency thereof; and declaring that this ordinance shall take effect immediately, read and adopted as read. (Ordinance No. ORD-20-0010). (Citywide)
• Sponsors: City Attorney

Date	Ver.	Action By	Action	Result
4/14/2020	2	City Council	approve recommendation and adopt	Pass
3/24/2020	1	Joint Meeting of the City Council and Housing Authority	approve recommendation to declare Emergency Ordinance No. ORD- , read, and adopted as read and laid over to the next regular meeting of the City Council for final reading	Pass
3/24/2020	1	Joint Meeting of the City Council and Housing Authority	approve recommendation to declare an emergency to exist	Pass

TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Chapter 8.100, to temporarily prohibit evictions due to COVID-19 through May 31, 2020; declaring the urgency thereof; and declaring that this ordinance shall take effect immediately, read and adopted as read. (Ordinance No. ORD-20-0010). (Citywide)

DISCUSSION
On March 17, 2020 the City Council gave direction to our office to draft and submit to Council an ordinance temporarily prohibiting evictions of residential and commercial tenants due to non-payment of rent resulting from adverse impacts associated with COVID-19.

As you know, the COVID-19 pandemic and local government response thereto is rapidly evolving. The passage of time has allowed for a more thorough analysis of the likely consequences of the direction given by the Council. As a result, there are three substantive issues which our office would like to highlight for your consideration and possible further direction:

1. Although the Council's motion specifically directed that the ordinance require tenants to provide notice of imminent non-payment of rent and documentation of the reasons therefore PRIOR to the date on which rent would otherwise have been due, it seems that such a requirement is likely to result in a significant percentage of tenants being prohibited from taking advantage of protections for which they would otherwise qualify. The ordinance as drafted requires that a tenant give notice and documentation of a COVID-19 related non­payment on or before the date of expiration of a three-day notice to pay or quit resulting from such non-payment.

2. The Governor declared a State of Emergency on March 4, 2020. Presumably there are tenants who have been impacted by COVI D-19 who would qualify for eviction protection starting on that date. The advance notice requirement, however, makes it impossible in practice for such tenants to take advantage of the eviction protection. We have included a provision ...