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San Mateo County Emergency Eviction Moratorium

Hello Everyone,

This afternoon, with a unanimous vote, the County of San Mateo passed an Emergency Residential Eviction Moratorium that will go into effect immediately and will cover the entire County of San Mateo, including incorporated cities and unincorporated areas (due to the County's Emergency Authority).

No landlord will be allowed to evict a tenant for non-payment of rent during the duration of this Emergency Ordinance if the tenant can demonstrate that he or she has experienced financial hardship or loss of income due to COVID-19 or the Shelter-In-Place requirement.

Prior to the rental property owner issuing a 3-day notice to the tenant due to non-payment of rent, the property owner must issue the tenant with a new form, created and supplied by the County of San Mateo, that informs the tenant of their right to delay payment if they are experiencing financial hardship due to COVID-19.

In response to the property owner sending the form to the tenant, the tenant has 14 days to inform the property owner of his, her, or their inability to make their rent payment and confirming that they are experiencing financial hardship due to COVID-19.  The tenant is also required to provide the property owner with documentation demonstrating financial hardship due to COVID-19 or the Shelter-In-Place order.

The Emergency Ordinance includes language requiring tenants to make partial rent payments to the extent possible.

The County's Emergency Ordinance does not apply to eviction due to move-in of the owner or owner's family.

Once the Emergency Ordinance expires, the tenant is required to repay missed rent within 90 days.  If the tenant is unable to pay the entirety of missed rent within 90 days and can demonstrate continued financial hardship, he, she, or they may be granted an additional 30 days repeatedly, up to a total of 180 days.

The County's Emergency Eviction Moratorium Ordinance will be in effect until May 31, 2020 and can be extended if the Governor's State of Emergency is extended.

ADDITIONAL NOTE: Please do not issue rent increases for the duration of the State of Emergency.

FINAL NOTE: The County of San Mateo also just unanimously passed a special relief fund of $3 million of Measure K funds that will go to help San Mateo County individuals, families, non-profits, and small businesses that can demonstrate financial impact by COVID-19.  Grants of up to $10,000 will be given to self-employed individuals, independent contractors, and small businesses with 10 or fewer employees who can document at loss of at least a 25% in revenue due to COVID-19 (Original article courtesy of Gina Zari- Government Affairs Director for San Mateo County Association of Realtors)

Take care, be safe, and stay healthy!

Best,

Olivia McNally

 

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