SAN DIEGO’S EVICTION MORATORIUM

(1) City Council’s Language: “The temporary moratorium must not extend beyond
the duration of the City's declaration of emergency related to the COVID-19
outbreak, but may be extended for a longer period by agreement of the Council.”
● Policy Suggestion: Clarity is needed as to the criteria that would allow
the moratorium’s extension. Extending the moratorium without clear
definition in advance will increase economic uncertainty, negatively
impacting the City.
Proposed Language: “The temporary moratorium must not extend beyond the
duration of the City's declaration of emergency related to the COVID-19 outbreak.
Any successive extension shall only be permitted if the Council re-authorizes such
extension, and the extension is signed into law by the Mayor.”
(2) City Council’s Language: “Any temporary moratorium should include a process
for affected renters to notify their landlords on or before the day that rent is due of
the substantial loss of income and demonstrate substantial loss of income, through
documentation or other objectively verifiable means, resulting from the COVID-19
pandemic or subsequent actions taken by the County Public Health Officer, or other
City, State or Federal Authority.”
● Policy Suggestion: Notice to landlord should be received within 48hours of receiving proof of substantial loss so the landlord is able to
fully work with the resident pertaining to all government assistance
programs and prepare a plan with the resident prior to rent being due
which would cause a severe hardship to individual small owners.
● Policy Suggestion: If owners do not receive payment for rent they will
be unable to maintain their property which could cause a rise in health
and safety issues for the majority of San Diegans.
● Policy Suggestion: If loss of rent goes too long, owners may lose their
property and thus we will see a decrease in rental housing across San
Diego, which will cause an adverse financial impact to society.
Proposed Language: “Securing the health and well-being of renters and housing
providers, who are duly affected by the COVID-19 outbreak, is of the utmost
importance to ensuring a viable housing market for our regional economy. Should a
renter experience a ‘Substantial Loss of Income,’ the renter has an affirmative
obligation to: (1) demonstrate that the Substantial Loss of Income is exclusively the

 result of COVID-19 disruption (e.g. letter from former employer, xx, yy); (2) properly
notify building management personnel in writing with proper notice from their
employer on or before the date rent is due; (3) to mitigate their Substantial Loss of
Income by applying for Federal Unemployment Insurance, or any other comparable
insurance program established for COVID-19 financial hardship, within 48 hours of
notifying building management. Absent affirmative proof provided by the renter, the
rights of building management to collect rent and serve notice for unlawful detainer
shall be unimpeded and uninfringed.”
(3) City Council’s Language: “The proposed moratorium should also include a
process to measure substantial loss of income.”
● Policy Suggestion: Landlords should be able to re-screen income to
include all government and charity related payments to then
determine an agreeable monthly amount of rent that should be paid to
ensure ownership is able to maintain the community in a habitable
fashion through the time all deferred payments are due and payable.
● Policy Suggestion: If someone is impacted by COVID-19 but does not
utilize all resources allowable to them, ownership should be exempt
from providing them additional time to make rental payments.
Proposed Language: “‘Substantial Loss of Income’ shall include: (1) termination of
previous employment due to COVID-19; (2) a 30% or greater reduction in hourly
pay, whether or not said reduction is explicitly the result of COVID-19; (3) a 30% or
greater reduction in hours assigned, whether or not said reduction is explicitly the
result of COVID-19. ‘Temporary Re-Screened Income’ shall include all City, County,
State, and Federal payments received by renter, and any payments received from a
qualified 501(c)(3) organization as a result of COVID-19. Failure to include any
relevant payments will result in immediate suspension of one’s ‘Substantial Loss of
Income’ status.
(4) City Council’s Language: “The City shall advocate with the relevant
organizations for temporary state and federal financial relief for burdened, unpaid
landlords from the burden of such costs as property taxes, utility charges, and
foreclosure.”
● Policy Suggestion: This language shirks sheer economic realities by
avoiding the powerful and crucial role lenders play in our region’s
housing marketplace. It hopes for the best without planning for the
worst.
Proposed Language: For any property falling within the City’s jurisdiction that has
20% of its residents qualifying as having a “Substantial Loss of Income,” and to
ensure and maintain a viable housing stock for its citizenry, The City shall hereby
defer all property taxes and utility payments falling within its jurisdiction for the
period commensurate with the City's declaration of emergency related to the
COVID-19 outbreak, including any authorized extension therein. Payment of unpaid
property taxes and utility bills shall not accrue interest. The allowable period to
repay property taxes owed shall be the same as that afforded to renters who qualify

 as having “Substantial Loss of Income.”

(5) City Council’s Language: “The San Diego Housing Commission should seek
access to flexible emergency funding that the State and Federal Government make
available in order to assist renters and landlords in making their payments.”
● Policy Suggestion: If this is the case, then all residents should be able
to make rent payments and owners in turn would then be able to make
their payments as normal to all government agencies, utilities and
banks; assisting in the slow of any recession, which would assist the
State and City as a whole as they seek to recover.
(6) City Council’s Language: “Tenants shall pay their landlords any owed rent once
the local emergency is abated, and within 6 months from the date of the Mayor’s
order declaring a local emergency.”
● Policy Suggestion: Promote liquidity (e.g. money flows) to maintain our
existing housing stock and prevent further regional unemployment
from skyrocketing, as a result of this policy, throughout the COVID-19
disruption.
o Policy Suggestion: Tenants will be unable to restore their account
back to current within 6 months unless we require a payment
arrangement during the time they are out of work that ensures
they pay no less than the rent to income percentage they were
at when they were approved for their apartment.
o Policy Suggestion: It will decimate small rental owners if they are
forced to evict because tenants can’t catch up on their rent.
Evictions will be delayed due to the sheer volume which could
put an owner at a 9 month to 1-year loss of rent per apartment.
Foreclosures will soon follow.
Proposed Language: Renters who qualify as having “Substantial Loss of Income”
shall maintain an affirmative obligation to pay rent equal to their individual “rent to
income” percentage when they were originally approved for their dwelling,
multiplied by their respective “Temporary Re-Screened Income.” This equitable
payment arrangement will ensure that the housing stock affected by COVID-19 can
and will be maintained to ensure proper habitability for residents throughout the
local emergency, respect the burden faced by qualified renters, and promote
targeted relief without creating a “free-for-all” regime for unqualified renters
seeking to shirk their previous economic obligations.
(7) City Council’s Language: “The moratorium shall be based on a tenant’s
nonpayment of rent arising out of a “substantial decrease in household or business
income” and/or “substantial out-of-pocket medical expenses” caused by either the
Covid-19 outbreak or any government response to the outbreak.”
● Policy Suggestion: Change of Status paperwork must be provided from
the tenant and if it does not state as the specific reason Covid-19 for

 the loss of hours, lay-off or termination, then they are exempt from all
protections.
● Policy Suggestion: If due to medical expenses, all invoices or receipts
must be provided along with all income, whether it be wages,
government assistance or charity programs to come to an achievable
payment plan.
● Policy Suggestion: There are too many programs available at this time
for property owners to have to go 6 months or more without any
payment. Most owners survive on the small profit received monthly
and are not in a position to cover 6 months or more of expenses
without the rent payment being received. Tenants therefore must
agree to pay the same percentage of rent to income ratio they were
approved with at move-in, in order to qualify for the full repayment
option. If they are receiving funds and refuse to make payments as
noted, legal action should be permitted.
Proposed Language: “Substantial Loss of Income'' shall include any and all
medical expenses caused by the COVID-19 outbreak. Renters have an affirmative
obligation to provide building management with all applicable invoices within 7
business days of receiving the invoices. Renters who qualify as having “Substantial
Loss of Income '' as a result of COVID-19 related medical expenses must apply for
Federal Unemployment Insurance or Federal Disability Insurance within 7 business
days from release from the hospital or applicable medical facility. Failure to notify
building management and apply for unemployment or disability insurance will
exempt the renter from any and all COVID-19 protections related to rental
obligations.
(8) City Council’s Language: “Any temporary moratorium shall include a process for
affected renters to notify their landlords on or before the day that rent is due of the
substantial loss of income and demonstrate substantial loss of income, through
documentation or other objectively verifiable means, resulting from the Covid-19
pandemic or subsequent actions taken by the County Public Health Officer, or other
City, State or Federal Authority.”
● Policy Suggestion: Notice needs to be provided from tenant within 48business hours from date of change of status of employment or receipt
of medical expenses. Owners can’t wait till rent is due to learn they
will not receive it.
● Policy Suggestion: Receiving prompt notification will also allow owners
to talk with the tenant to ensure they are aware of the many programs
and work out a plan for continued long term residency.
(9) City Council’s Language: “The proposed moratorium shall include a process to
measure substantial loss of income.”
● Policy Suggestion: As mentioned above, this needs to include a
payment plan of at least the same rent to income percentage the
tenant was at when they were initially approved for the apartment,
based on their new temporary monthly revenue.