California’s eviction moratorium expires on Thursday. The ban prohibited landlords from evicting tenants for nonpayment of rent.
More than 700,000 families are behind on rent across the state as of late August, according to a PolicyLink and USC Equity Research Institute study. That leaves many advocates fearing the eviction cliff they’ve been trying to stave off is drawing near.
Beginning Friday, landlords will be able to evict tenants for not paying rent. But some tenant protections do remain in place. Before a landlord can evict a tenant for nonpayment of rent, they must first apply for rental assistance, or else prove their tenants either have not completed their rental assistance application or have already been denied.
To qualify for these new rent protections, which are outlined in the state law AB 832 and extend through March 31, 2022, tenants must also have paid at least 25% of their monthly rent.
Gilberto Vera, senior housing attorney at Legal Aid Society of San Diego, said these protections are contingent on the availability of local rental assistance. If a city or county's rental assistance funds have run out, tenants and landlords in those areas won't be able to apply, and therefore won't be protected.
“Tenants who live in jurisdictions with no rental assistance would not have the protections during the COVID-19 recovery period,” he said.
He’s encouraging tenants and landlords to apply to available local programs and check in on the status of applications in order to stay protected under AB 832.
Tenant protections have been a patchwork of different policies since the beginning of the pandemic. To help tenants and landlords understand what’s currently available and legal in San Diego, here's a simple guide to commonly asked questions.
Is emergency rental assistance still available in San Diego?
Yes, all three emergency rental assistance programs in San Diego County are still accepting applications.
For residents of the city of San Diego:
The city of San Diego’s COVID-19 Housing Stability Assistance Program still has $13 million of unclaimed funds out of the program’s original $170 million fund. This money can be used to pay unpaid back rent, up to three months future rent and utility bills. To apply visit the city's application portal.
For residents of Chula Vista:
Chula Vista’s COVID-19 Emergency Rental Assistance Program has $10 million left from the nearly $32 million the city was given over two funding cycles. This money can be used for unpaid back rent, up to three months future rent and utility bills. According to Valerie Brew, a department director at the nonprofit overseeing the city’s rental assistance program, they’ve been seeing an average of 100 new applications a week. “We began seeing an uptick at the beginning of August when AB 832 was implemented,” she said. To apply visit Chula Vista’s ERAP online portal.
For the residents of unincorporated areas of San Diego County and the cities of Carlsbad, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Marcos, Santee, Solana Beach, and Vista:
San Diego County's program has about $103 million available from its original $210 million fund. The program has provided assistance to over 13,000 households. To apply visit the county’s application portal.
Who qualifies for these emergency rental assistance programs?
All three programs are for households at or below 80% AMI, which is $97,000 annual income for a family of four, that have experienced financial hardship during the pandemic and are at risk of homelessness or housing instability.
All three programs prioritize households that are at 50% AMI or lower, which is $60,600 for a family of four. In all three programs, landlords are able to start the application process on behalf of their tenants and will receive up to 100% of back or future rent directly. If a landlord refuses the payment, the tenants will receive a partial amount that they can use to pay the landlord directly.
What happens if the rental assistance funds run out?
If the funds run out during the six month COVID-19 recovery period (Oct. 2021-March 2022), the eviction protections provided by AB 832 will also run out. During this period, local governments can't pass any additional eviction protections for people who can't pay rent, which is why Vera is urging tenants to apply now while there are still funds.
Mayor Todd Gloria has said that he is working with state and federal partners to acquire more funds for the city’s assistance program. The state and U.S. Treasury are still evaluating if there will be additional funding, according to Brew, who oversees the Chula Vista fund.
Do tenants facing eviction proceedings have a right to legal counsel?
Right now, low-income tenants facing eviction in California are not guaranteed legal counsel, but there are resources available to provide legal support. Low-income tenants in San Diego can access legal assistance by contacting the Legal Aid Society of San Diego at www.lassd.org or 877-534-2524.
San Diego County allocated $15 million for eviction counseling and Mayor Todd Gloria announced a new $5 million fund to provide legal assistance for tenants using federal funds. The San Diego City Council will hear the proposal next week.
Can a landlord evict a tenant for reasons other than nonpayment of rent?
The short answer is yes. Landlords can evict tenants as long as they show “just cause,” which includes if a tenant is engaged in criminal activity, breaches the lease, or if the landlord wants to substantially remodel the dwelling, move in, or take the property off the market.
Here’s where it gets a little confusing. The need for a landlord to prove “just cause” became state law in January 2020 when AB 1482 or the Tenant Protection Act of 2019 took effect.
This law applies to all of San Diego County except the city of San Diego. It says landlords cannot evict without providing a “just cause.” If a landlord wants to “substantially” remodel the property, he or she must pay relocation costs equal to the cost of one month’s rent or provide one month free of rent.
The city of San Diego put in place its own “just cause” protections in 2005, and those local protections override the state’s protections. In San Diego, the prevailing “Right to Know” ordinance requires that a tenant live in a unit for at least two years to qualify for “just cause” protections. San Diego landlords are not required to pay for relocation costs if they choose to remodel their unit.
What about unpaid utility bills? When do those protections end and what programs are available?
It’s not just the state’s eviction ban that’s coming to an end on Thursday. The California Public Utilities Commission’s moratorium on power shutoffs for unpaid bills is also expiring.
Households that fall behind more than 60 days on their San Diego Gas & Electric bills will automatically be enrolled in a two-year debt relief program. Participation in the program does not preclude people from applying for other programs including the California Alternate Rate for Energy or Family Electric Rate Assistance program, which provide discounted energy bills for low-income households. Customers can choose to opt out the debt relief program. For more information visit: www.sdge.com.
