Dunsmuir Municipal Code Ch. 8.17 Prohibition on Evictions Arising from Substantial Income Loss or Medical…

This chapter prohibits evictions through May 31, 2020, in the city for any tenant who can demonstrate that they have received a notice of eviction for failure to pay rent or make other required payments, and that such failure is related to a substantial loss of income or substantial out-of-pocket medical expenses resulting from the 2020 novel coronavirus pandemic or any local, state, or federal government response to the pandemic.

(Ord. No. 566, § I, 4-2-2020)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

"Commercial real property" means any real property that is used for business or income-producing purposes.

"Owner" means any person or entity, acting as principal or through an agent, providing residential or commercial real property for rent, and includes a predecessor in interest to the owner. The term "owner" shall also include, for purposes of this chapter, any holder of a mortgage, deed of trust, or other security interest in real property.

"Residential real property" means any dwelling or unit that is intended or used for human habitation.

"Tenant" means a person or entity occupying lawfully residential or commercial real property and includes a lease or sublease. The term "tenant," for purposes of this chapter, shall also include a mortgagor, payor, or any other person or entity responsible for making payments on a note secured by real property.

(Ord. No. 566, § I, 4-2-2020)

A. Through May 31, 2020, an owner of residential or commercial real property shall not evict a tenant for failure to pay rent or evict a tenant through foreclosure if the tenant demonstrates that the failure to make required payments is directly related to a substantial loss of income or substantial out-of-pocket medical expenses associated with the coronavirus pandemic or any local, state, or federal government response to the pandemic.

B. In order for this section to apply, a tenant must demonstrate through documentation or other objectively verifiable means:

1. Substantial loss of income from:

a. Job loss;

b. Layoffs;

c. A reduction in the number of compensable hours of work;

d. A store, restaurant, office, or business closure;

e. A substantial decrease in business income caused by a reduction in opening hours or consumer demand;

f. The need to miss work to care for a home-bound school-age child or a family member infected with coronavirus; or

g. Other similarly-caused loss of income that resulted from the pandemic; or

2. Substantial out-of-pocket medical expenses related to the pandemic.

C. This prohibition shall also apply to an owner's action that constitutes constructive eviction under California law. An owner's failure to comply with this chapter shall render any notice of termination of tenancy void. This section may be asserted as an affirmative defense in any statutory cause of action that could be used to evict or otherwise eject a residential or commercial tenant. Terminations that are required to comply with an order issued by a government agency or court requiring that the real property be vacated are excepted from this prohibition. An owner's failure to comply with this chapter does not constitute a criminal offense but will subject an owner to civil fines and penalties as set forth in this code.

D. Nothing in this chapter shall relieve a tenant of the obligation to pay rent or otherwise make required payments, nor restrict an owner's ability to recover such payments.

E. This chapter shall be liberally construed to provide the broadest possible protection for tenants in the city.

(Ord. No. 566, § I, 4-2-2020)

A. If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this chapter which can be implemented without the invalid provisions, and to this end, the provisions of this chapter are declared to be severable. The city council hereby declares that it would have adopted the ordinance from which this chapter derives and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.

B. To the extent that there is any conflict between the provisions of this chapter and the provisions of any other city code, ordinance, resolution or policy, all such conflicting provisions shall be suspended.

(Ord. No. 566, § I, 4-2-2020)