Desert Hot Springs News

City Announces Temporary Moratorium on Residential & Commercial Evictions

Posted by City of Desert Hot Springs on Mar 27, 2020 7:53:38 PM

On Friday, March 27, 2020, the Desert Hot Springs City Council took action in response to the growing COVID-19 crisis, and executed via a Resolution the temporarily halt of residential and commercial evictions through May 31, 2020, in the City of Desert Hot Springs.

 

What you need to know: 
 This Resolution promotes stability and fairness within the residential rental and
commercial real estate markets during the COVID-19 outbreak.
 This Resolution will prevent avoidable homelessness and widespread business
disruption.
 This Resolution will help alleviate the undue hardship, stress and anxiety for residents
and businesses that can be caused by eviction due to relocation costs and other costs.


What does this mean?
No landlord or lessor, commercial, residential or otherwise, shall evict a tenant or lessee for
nonpayment of rent if the tenant or lessee can demonstrate that the tenant or lessee is unable
to pay due to financial impacts related to COVID-19.  Landlords and lessors who know that a tenant or lessee cannot pay some or all of the rent temporarily due to loss of income or economic hardship due to COVID-19 shall not file or prosecute an unlawful detainer action based on a pay or quit notice, or otherwise seek to evict for nonpayment of rent.


Who is protected?
Residents or Businesses that are unable to pay rent due to hardships or economic loss caused
by the COVID-19 outbreak are protected.


What hardships or economic losses are covered?
The hardship or economic loss must be due to the COVID-19 outbreak. Hardships or economic
impacts related to COVID-19 include, but are not limited to, tenant’s or lessee’s loss of
household or business income as a result of any of the following:
(1) being sick with COVID-19, or caring for a household or family member who is sick
with COVID-19;
(2) lay-off, loss of hours, or other income reduction resulting from COVID-19; 

(3) compliance with a recommendation from a government health authority to stay home,
self-quarantine, or avoid congregating with others during the state of emergency;
(4) extraordinary out-of-pocket medical expenses related to COVID-19; or

(5) child care
needs arising from school closures related to COVID-19;

 

Nothing in this resolution prevents tenants and lessees who are able to pay all or some of the rent from paying that rent in a timely manner or relieves tenants of lessees of liability for any unpaid rent.

What is the tenant or lessee required to do?
A tenant or lessee that has suffered a loss of income due to COVID-19 may pay the landlord or
lessor less than the full amount of rent owed if the tenant;
 Notifies their landlord or lessor in writing of their inability to pay due to loss of income or
economic hardship within 10 days after the date that the rent is due.
 Provides documentation to support the loss of income claim resulting from the COVID-
19 outbreak.
When must the tenant or lessee pay back rent?
 Landlords or lessors may seek unpaid rent after the expiration of the State of Emergency
and the tenant and lessees must pay within 6 months following expiration of the State of
Emergency.
 The collection of interest or any late fees for rent that is delayed due to COVID-19 is
prohibited.


What happens if the landlord or lessor moves forward with an eviction?
A violation of this Resolution shall be subject to all of the remedies set forth in Title 4 of the
Desert Hot Springs Municipal Code, including without limitation a misdemeanor offence, and the
remedies set forth shall be cumulative and in addition to any and all other remedies, civil,
equitable or criminal, afforded to the City under State and Federal laws.

 

To read the full resolution, click HERE.

To read the press release on this matter, click HERE.

Tags: city news