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Ex. MET-SAN-033 Order Primary source read

Ordinance O-21177 (New Series) (final passage Mar. 25, 2020)

An Emergency Ordinance of the Council of the City of San Diego Pursuant to Charter Section 295 Enacting a Temporary Moratorium on Evictions Due to Nonpayment of Rent for Residential and Commercial Tenants Arising Out of a Substantial Decrease in Income or Substantial Out-of-Pocket Medical Expenses Resulting from the Novel Coronavirus, COVID-19, or Governmental Response to COVID-19

Council of the City of San Diego (emergency ordinance under Charter § 295) · City of San Diego, California (City)

The COVID Project

The record

Jurisdiction
City of San Diego, California · San Diego · California
Level
City
Authority
San Diego City Charter §§ 11, 280(a)(3), 295; Cal. Gov't Code § 8634; Executive Order N-28-20 (Mar. 16, 2020)
Issued
2020-03-25 Mar. 25, 2020
Effective
2020-03-25 (effective immediately) (read as 2020-03-25)
End
2020-05-31 ('shall remain in effect through May 31, 2020'; extension by Council resolution authorized by sec. (read as 2020-05-31)
In force
Mar. 25, 2020 to May 31, 2020
Quarters
2020 Q2
Limitation types
Other
Addressees
  • all residential and commercial landlords in the City
  • tenants unable to pay rent due on or after Mar. 12, 2020
Functions reached
  • PM property management: eviction, late fees and possession actions suspended
  • SV lenders' collateral cash flows
  • CM commercial leasing
Collection
San Diego MET-SAN

Operative words

Section 1. That a temporary moratorium on evictions for nonpayment of rent by residential and commercial tenants in the City of San Diego who are directly impacted by the novel coronavirus disease, known as COVID-19, is imposed as follows: (a) No landlord shall take action to evict a tenant for not timely paying rent that was due on or after March 12, 2020, if the tenant provided written notice to the landlord, on or before the date the rent was due, that the tenant is unable to pay rent due to financial impacts related to COVID-19.... (e)... a landlord shall not... charge or collect any late fees... serve a notice, file, or prosecute any action to obtain possession... Section 2. This Ordinance shall be effective immediately and shall remain in effect through May 31, 2020.

Enforcement

Affirmative defense in unlawful detainer (sec. 1(h)); City rules under sec. 3

Notes

Recitals record the Mar. 17, 2020 Council ratification of the Mayor's proclamation, the countywide school closures 'for three weeks beginning March 16, 2020,' and 'an estimated $220,000,000 in forecasted regional impact losses attributed to cancelled events at the San Diego Convention Center.' Scanned; read by OCR.