State & Federal COVID-19 Temporary Bans on Residential Evictions
Updated: September 14, 2020
The State of California and the federal Centers for Disease Control and Prevention (CDC) have enacted temporary bans on residential evictions due to the COVID-19 pandemic.
These temporary eviction bans apply to landlords and tenants in the City of San Diego.
The CDC’s federal temporary eviction ban is effective from September 4, 2020, through December 31, 2020.
The State’s temporary eviction ban, adopted in Assembly Bill (AB) 3088, prohibits evictions of most rental housing tenants until February 1, 2021, if a tenant experiences financial distress due to COVID-19.
For information about the City of San Diego’s temporary ban on evictions, which expires on September 30, 2020, please click here.
Federal Order from the CDC
The CDC order on September 4, 2020, prohibits landlords or property owners from evicting tenants from September 4, 2020 through December 31, 2020, to prevent the spread of COVID-19.
Under the CDC order, tenants are still required to pay their rent, make a housing payment or fulfill other obligations required by their lease.
Landlords and property owners are allowed to charge and collect fees, penalties and interest due to the failure to pay rent or the housing payment on time.
Each adult resident of the household is required to provide to the landlord or property owner a declaration, stating under penalty of perjury, that specific statements about their circumstances are true. This includes information about the tenant’s annual income and efforts to make rent payments.
For a copy of the CDC declaration form, click here
New California State Law
For detailed guidelines, forms and resources for landlords, tenants and homeowners regarding the State’s temporary eviction ban in AB 3088, visit the Housing is Key website.
The Housing is Key campaign is run by the Business, Consumer Services and Housing Agency (BCSH) and maintained by the California Department of Real Estate to help Californians stay in their homes and understand housing options during COVID-19 and beyond.
- Residential rental housing tenants who are experiencing hardship due to COVID-19 cannot be evicted until February 1, 2021, for failure to pay rent between March 1, 2020, and January 31, 2021.Evictions to protect health and safety are still allowed.
- By January 31, 2021, COVID-19-impacted tenants are required to pay at least 25 percent of the rental amount owed between September 1, 2020, and January 31, 2021.Any unpaid rent for the period between March 1, 2020, and January 31, 2021, converts to consumer debt, collectible in small claims court as of March 1, 2021.
- Tenants experiencing financial hardship related to COVID-19 who have received a 15-day notice to pay rent or quit may complete and provide to their landlord a written Declaration of COVID-19-related distress within their 15-day notice deadline.Tenants affected by COVID-19 with household income of 130 percent of the Area Median Income (AMI) for San Diego County or more than $100,000, whichever is higher, may be required to provide documentation regarding proof of financial loss.“COVID-19-related distress” may include:
- Loss of income caused by the COVID-19 pandemic.
- Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.
- Increased expenses directly related to health impacts of the COVID-19 pandemic.
- Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit ability to earn income.
- Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.
- Other circumstances related to the COVID-19 pandemic that have reduced income or increased expenses.
Tenants may still have experienced COVID-19-related distress even if they received public assistance received since the start of the COVID-19 pandemic that didn’t fully make up for tenants’ loss of income and/or increased expenses.
This could include unemployment insurance, pandemic unemployment assistance, state disability insurance (SDI), or paid family leave.
- Landlords have new noticing requirements:
- A notice that explains tenants may have protections under AB 3088 must be provided on or before September 30, 2020, to tenants who failed to pay rent between March 1, 2020, and August 31, 2020.This notice also must be provided to tenants who failed to pay rent between September 1, 2020, and January 31, 2021.This is necessary even if the landlord is not yet intending to pursue eviction.
- Landlords with proof of income in their possession that tenants’ household income is 130 percent of the Area Median Income (AMI) for San Diego County or more than $100,000, whichever is higher, may provide a Notice for Code of Civil Procedure Section 1179.02.5(d) along with the Notice for Code of Civil Procedure Section 1179.04(a).
- If a landlord intends to pursue eviction, new 15-day notices to pay or quit are required according to whether tenants:
- Failed to pay rent during the period March 1, 2020 – August 31, 2020, (Notice for Code of Civil Procedure Section 1179.03(b)(4)); or
- Failed to pay 25 percent of the rental amount owed during the period September 1, 2020 – January 31, 2021 (Notice for Code of Civil Procedure Section 1179.03(c)(4)).