Long Beach Municipal Code Ch. 8.100 Temporary Prohibition of Evictions Due to Covid-19

In order to protect the public health and mitigate the economic impacts of the novel coronavirus and the COVID-19 disease resulting therefrom, this Chapter shall temporarily prohibit certain evictions as more particularly described herein.

(ORD-20-0010(Emerg.) § 1, 2020)

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:

A. COVID-19. The term "COVID-19" shall mean the novel coronavirus SARS-CoV-2 and disease resulting therefrom.

B. Owner. The term "owner" shall mean any person or entity, acting as principal or as an agent, renting residential or commercial real property.

C. Pay-or-quit notice. The term "pay-or-quit notice" shall mean the notice to be delivered to a tenant resulting from non-payment of rent as required by, and in accordance with, California law, including without limitation Section 1161 et seq of the Code of Civil Procedure.

(ORD-20-0010(Emerg.) § 1, 2020)

A. The owner of residential or commercial real property shall not take action to evict a residential or commercial tenancy if (1) the basis for the eviction is non-payment of rent which became due between March 4, 2020 and September 30, 2020, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses; and (2) the decrease in such household or business income or such out-of-pocket medical expenses was caused by the COVID-19 pandemic, or by any local, state or federal government (including school districts) response to COVID-19, and is documented and communicated to the owner in accordance herewith. After May 31, 2020, the following commercial tenancies shall be excluded from the application of this Chapter: (1) tenants and sub-tenants which are multi-national companies, publicly-traded companies or which have more than five hundred (500) employees; (2) tenancies and sub-tenancies managed by the Airport; and (3) tenancies and sub-tenancies managed by the Harbor Department. Any such excluded commercial tenants which previously delayed rent in accordance with this Chapter shall repay the entirety of such rent on or before November 30, 2020 (without any associated late charges).

B. In order to take advantage of the protections included in subsection 8.100.030.A., a tenant must do each of the following before the expiration of the pay-or-quit notice: (1) notify the owner that the tenant may not be able to make its rental payment (or portion thereof); and (2) provide documentation supporting and/or evidencing such substantial decrease in household or business income or out-of-pocket medical expenses. Notwithstanding the foregoing, a tenant which received a pay-or-quit notice served on or after March 4, 2020 but before March 25, 2020 shall provide the notification and documentation required by this subsection (B) prior to the final adjudication of the subject eviction proceedings.

C. Nothing in this Chapter shall relieve a tenant of the obligation to pay rent, nor restrict an owner's ability to recover rent due; provided, however, an owner may not recover late fees which would have otherwise been applicable to rental payments validly delayed and repaid in accordance with this Chapter.

(ORD-20-0028(Emerg.) § 1, 2020; ORD-20-0020(Emerg.) § 1, 2020; ORD-20-0010(Emerg.) § 1, 2020)

Any pay-or-quit notices dated between March 25, 2020 and September 30, 2020 shall include the following language (or substantially similar): "The City of Long Beach has declared a state of emergency in response to COVID-19. If you cannot pay your rent due to a loss of income or medical expenses resulting from COVID-19, you need to notify and provide supporting documentation to [provide owner or agent contact information] immediately. You may qualify for protections against eviction and you may have a right to delay your rent payment and to repay such delayed rent over a six-month period".

(ORD-20-0028(Emerg.) § 2, 2020; ORD-20-0020(Emerg.) § 2, 2020; ORD-20-0010(Emerg.) § 1, 2020)

Tenants which are protected against eviction under this Chapter shall have until July 31, 2021 to pay all delayed rent (without any associated late charges); provided, however, that all of such delayed and unpaid rent shall become immediately payable should a tenant fail to make a regularly scheduled monthly rental payment after July 31, 2020, and such failure to make a regularly scheduled payment persists after the expiration of a pay-or-quit notice applicable thereto.

(ORD-20-0020(Emerg.) § 3, 2020; ORD-20-0010 (Emerg.) § 1, 2020)

This Chapter may be asserted as an affirmative defense in an unlawful detainer action.

(ORD-20-0010(Emerg.) § 1, 2020)

This Chapter shall apply retroactively to March 4, 2020, except to the extent a tenant has surrendered possession of its premises or an eviction lawsuit has been finally adjudicated, prior to March 25, 2020.

(ORD-20-0010(Emerg.) § 1, 2020)

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 article are declared to be severable. The City Council hereby declares that it would have adopted this Chapter and each provision hereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.

(ORD-20-0010(Emerg.) § 1, 2020)