Santa Barbara County Municipal Code § 44-5 Purpose

This article prohibits evictions through September 30, 2020, for any tenant 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. The urgency ordinance from which this article derives does not relieve a tenant's obligation to pay rent or restrict a landlord's ability to recover rent due.

(Ord. No. 5099, § 2, 3-24-2020; Ord. No. 5102, § 2, 5-19-2020; Ord. No. 5113, § 2, 7-14-2020)

The following words and phrases, whenever used in this article, 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.

(E) "Tenant" means a person or entity lawfully occupying residential or commercial real property and includes a lease or sublease.

(Ord. No. 5099, § 2, 3-24-2020; Ord. No. 5102, § 2, 5-19-2020; Ord. No. 5113, § 2, 7-14-2020)

(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 provide written notice to the owner and 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 article 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 article 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 article shall relieve a tenant of the obligation to pay rent, nor restrict a landlord's ability to recover rent due.

(E) This article shall be liberally construed to provide the broadest possible protection for tenants in the unincorporated area of the County.

(Ord. No. 5099, § 2, 3-24-2020; Ord. No. 5102, § 2, 5-19-2020; Ord. No. 5113, § 2, 7-14-2020)

If any provision of the urgency ordinance from which this article derives or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions of the urgency ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the urgency ordinance are severable. The board of supervisors hereby declares that it would have adopted the urgency ordinance irrespective of the invalidity of any particular portion thereof.

(Ord. No. 5099, § 2, 3-24-2020; Ord. No. 5102, § 2, 5-19-2020; Ord. No. 5113, § 2, 7-14-2020)

The urgency ordinance, sections 44-5 through 44-11, shall take effect and be in full force immediately upon adoption by at least a four-fifths vote of the board of supervisors pursuant to Government Code Section 25123 and shall remain in effect and operative through September 30, 2020. County Code section 44-4 shall not apply to sections 44-5 through 44-11.

(Ord. No. 5099, § 2, 3-24-2020; Ord. No. 5102, § 2, 5-19-2020; Ord. No. 5113, § 2, 7-14-2020)

This article is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269(c) (specific action to mitigate an emergency), Section 15061(b)(3) (no possibility the activity may have a significant effect on the environment), and Section 15378(b)(5) (the administrative activity is not a project because it will not result in any direct or indirect physical changes in the environment.)

(Ord. No. 5099, § 2, 3-24-2020; Ord. No. 5102, § 2, 5-19-2020; Ord. No. 5113, § 2, 7-14-2020)