Local jurisdictions continue to take steps to protect residents affected economically by the coronavirus pandemic. On March 31, the San Benito County Board of Supervisors unanimously approved a moratorium on residential and commercial evictions. The San Juan Bautista City Council suspended termination of water services for non-payment at a meeting later the same day.
The county’s emergency eviction ordinance is effective through May 31 and states that a tenant cannot be evicted on the basis of non-payment of rent or foreclosure because “of a substantial decrease in household or business income” due to layoffs, reduction of compensable hours or consumer demand. Incomes losses stemming from documented medical expenses caused by COVID-19 are also considered a valid reason to prohibit an eviction.
Through the ordinance, the county asks financial institutions such as banks, credit unions and institutional investors to implement an immediate moratorium on foreclosures and evictions that are related to COVID-19.
County Counsel Barbara Thompson said while the ordinance language is similar to other jurisdictions, San Benito’s was more restrictive because it includes commercial evictions.
Prior to Gov. Gavin Newsom’s March 16 executive order allowing local jurisdictions to prohibit evictions on the basis of non-payment, several California cities had announced similar ordinances including San Francisco, San Jose and Los Angeles. On March 18, the federal government announced a moratorium on evictions of single-family homeowners with federally backed mortgages, according to CalMatters.
Thompson clarified that though the local moratorium prohibits evictions, it does not dismiss the tenant’s obligation to pay rent.
“So that rent is accruing and would be due to the landlord,” Thompson said. “But it does prevent the evictions due to the fact that we need to make sure people have shelter during this time.”
While Supervisor Jaime De La Cruz said this was a great ordinance to protect renters, he asked county staff to look into supporting property owners by extending property tax due dates and delaying penalties.
County Treasurer-Tax Collector Melinda Casillas said she does not have the ability to change the due date of property taxes. However, her office is preparing plans to deal with COVID-19.
“I’m not at liberty to say what those plans are at this moment,” Casillas said. “However, I will keep you informed of our plans as we move along.”
San Juan suspends utility disconnections
The San Juan Bautista City Council unanimously voted to suspend sections of the city municipal code to prohibit utility disconnections due to non-payment, including late fees.
On March 17, the California Public Utilities Commission (CPUC) said that energy, water, sewer and communication companies under its jurisdiction (including San Juan) should stop customer disconnections for non-payment during the state of emergency.
“The CPUC issued an order earlier this month and many cities took action in response,” City Manager Don Reynolds said.
As with the county’s emergency eviction moratorium, San Juan Bautista’s action does not dismiss the customer’s obligation to pay for utilities such as water and sewer. If residents are unable to keep up with charges, they will continue to accrue through the state of emergency.
“At that time, payment plans may need to be considered to help them catch up,” the agenda packet stated.
Hollister passed a similar ordinance on March 20 for water shut-offs and penalties on airport leases for late payments.
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