Mono County Municipal Code Ch. 7.93 Prohibition on Evictions Arising from Substantial Income Loss or Medical…

Pursuant to the general police power of the county to protect the health, safety and welfare of its citizens, this chapter prohibits evictions through September 30, 2020, for any tenant leasing property located within the unincorporated areas of Mono County who can demonstrate that they have received a notice of eviction for failure to pay rent, 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. 20-02, § 1, 3-26-2020; Ord. No. 20-06, 6-2-2020; Ord. No. 20-07, 7-21-2020)

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

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

B. "Owner" means any person, acting as principal or through an agent, providing residential or commercial real property for rent, and includes a predecessor in interest to the owner.

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

D. "Tenancy" means the lawful occupation of residential or commercial real property and includes a lease or sublease.

(Ord. No. 20-02, § 1, 3-26-2020)

A. Through September 30, 2020, the owner of residential or commercial real property shall not terminate a tenancy for failure to pay rent if the tenant demonstrates that the failure to pay rent 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. Layoff;

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 an unlawful detainer action. 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 outlined more specifically in Section 7.93.040.

D. Nothing in this chapter shall relieve a tenant of the obligation to pay rent, nor restrict a landlord's ability to recover rent due.

E. This chapter shall be liberally construed to provide the broadest possible protection for tenants in the unincorporated area of the county.

(Ord. No. 20-02, § 1, 3-26-2020; Ord. No. 20-06, 6-2-2020; Ord. No. 20-07, 7-21-2020)

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Any violation of this chapter may be enforced through administrative citation and penalty as provided in Chapter 1.12 of the Mono County Code except that the amount of the administrative penalty shall be one thousand dollars per day starting on the day the eviction notice is received by the tenant and ending on the day a written withdrawal of said notice is received by the tenant.

C. Each and every violation of this chapter, or applicable state law or regulation shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Mono County Code or otherwise authorized by law. Additionally, any violation shall be subject to injunctive relief, disgorgement to the county of any and all monies unlawfully obtained, costs of abatement, costs of restoration, costs of investigation, restitution, and any other relief or remedy available at law or in equity. The county, including the office of the district attorney and the office of the county counsel, may pursue any and all remedies and actions available and applicable under state and local laws for any violations.

(Ord. No. 20-02, § 1, 3-26-2020)

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 chapter are declared to be severable. The board of supervisors hereby declares that it would have adopted the ordinance codified in this chapter and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.

(Ord. No. 20-02, § 1, 3-26-2020)