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COVID-19 Tenant Protection 

RESIDENTIAL TENANTS (COVID-19 RELATED INCOME LOSS/AND OR INCREASED EXPENSE); COVID-19 RENTAL HOUSING RECOVERY ACT

Although on September 30, 2020, the City of Sacramento moratorium allowing non-payment of rent for residential tenants expired, tenants who continue to experience a loss of income or increased expenses due to COVID-19 are extended eviction protection under state law (AB 3088 and AB 832) through September 30, 2021.

On June 28, 2021, the new state law (AB 832) was signed by the Governor. The law is applicable to ALL residential tenants experiencing a financial impact due to COVID 19.

  • The landlord must send tenants a COVID-19 declaration and tenants must sign and return it within 15 days if you have a COVID-19 loss of income and/or increased expense and are unable to pay the full amount of rent. This declaration can be required each month and must be submitted to avoid eviction.
  • Pay minimum of 25% of the rent due each month through September 30, 2021, or if you’re unable to pay that amount, you can pay the 25% owed by September 30, 2021, to avoid eviction.
  • Evictions for non-payment of the 25% owed cannot occur before April 1, 2022. 
  • A landlord cannot evict for nonpayment of back rent owed between March 1, 2020, and September 30, 2021, but can collect through small claims court process commencing on November 1, 2021. 
  • A landlord must first make a good faith effort to seek state rental assistance for 100% of the back rent owed by low-income tenants (household income does not exceed 80% of the area median). 
  • Low-income tenants can now also apply for this assistance directly and they cannot be evicted before March 2022 if they have applied for such assistance. This rental assistance program is administered by the Sacramento Housing and Redevelopment Agency https://www.shra.org/sera.

Please visit https://www.bcsh.ca.gov/covidrelief, the State of California resource for tenants and landlords for more detailed information on AB 832and its requirements and the state rental subsidy program (SB 91).

COMMERCIAL TENANTS (COVID-19 RELATED INCOME LOSS)

March 24, 2020

Eviction moratorium ordinance was amended to include commercial tenants and to waive late fees. Commercial tenants must submit a Delay of Rent form prior to the day rent is due for each month, and have 120 days after the ordinance expiration to pay the back rent.

June 30, 2020

Eviction moratorium amended to protect only first floor commercial tenants. Eviction moratorium ends for all other commercial tenants.

October28, 2020

Deadline for commercial tenants other than first floor tenants to pay unpaid rents for the period of March 2020 to June 2020.

June 29, 2021

Governor order extends commercial eviction moratorium (first floor tenants only) to September 30, 2021.

September 30, 2021

Commercial eviction moratorium expires.

January 28, 2022

Deadline for first floor commercial tenants to pay unpaid rents for the period March 2020 to September 2021.

Additional Resources and Information

Mediation Services now available

Residential and commercial landlords and tenants who are interested in addressing and resolving rent payments and tenancy issues related to COVID-19 can contact the Sacramento CARES Mediation Services at sacramentocovidrelief.org or call (916) 850-9010 for assistance. There is no charge to landlords or tenants to participate in mediation and they can request multiple sessions.

 

COVID-19 Business Video Series: City of Sacramento’s Temporary Moratorium on Commercial Evictions