City Council Approves Temporary Residential Eviction Moratorium

At Tuesday’s meeting, the Monrovia City Council approved an Urgency Ordinance that prohibits residential eviction for nonpayment of rent and no-fault evictions. The ordinance went into effect immediately and will remain in place during the duration of the local emergency proclamation.

As long as the local emergency declaration remains in place, noresidential property owner or landlord is to evict a tenant, or threaten to doso, for nonpayment of rent, late fees or other fees if the landlord knows thetenant cannot pay due to financial impacts from COVID-19. Landlords also cannottake action on a no-fault eviction unless immediately necessary for the health andsafety of tenants, neighbors, or the landlord, other than based on illness ofthe tenant or any other occupant of the residential rental unit, which shall beconfirmed by the City’s Building Official prior to eviction.

Tenants must inform landlords in writing of inability to pay fullrent, late charges or other fees due to financial impact or expenses related toCOVID-19 within seven days after the rent is due. Within 30 days after the datethe rent is due, tenants must provide written documentation to the landlord tosupport the tenant’s inability to pay all or part of the rent due. According tothe ordinance, “No landlord shall take action to evict a tenant solely becausethe tenant is unable to provide adequate documentation of financial impactsrelated to COVID-19 within the time provided by this Ordinance if the tenant isunable to contact the tenant’s employer or other source of income and continuesto make good faith efforts to do so.”

Financial impacts related to COVID-19 include a loss of income dueto the tenant’s diagnosis of coronavirus, the tenant’s need to care forhousehold or family member diagnosed with the disease, and out-of-pocketexpenses related to diagnosis and treatment. Tenant’s whose monthly income hasbeen impacted due to business closures, layoffs, loss of hours or wages, orother employer impact are covered. Tenants whose child care costs have risendue to school closures are also included.

Tenants can submit written notifications from employers, writtendocuments from doctors or health care providers, pay stubs showing comparisonsof income, time cards, medical or childcare bills, and bank statements ordeposit records to their landlords to prove financial hardship caused byCOVID-19.

Tenants should still pay rent due, in full or a portion, if ableto do so. The ordinance does not relieve tenants of liability for unpaid rents.In fact, tenants must pay rent owed in full within six months of thetermination of the local emergency. The ordinance encourages landlords andtenants to formulate a payment plan for rent due during the emergency period.If tenants do not pay rent owed six months after the local emergency ends,landlords may charge a late fee for rent that is further delayed or evicttenants. However, “No fee for the late payment of rent shall be charged by alandlord during the period of the local emergency or for six (6) months afterthe end of the emergency.”

The ordinance prevents the enforcement of nonpayment evictionnotices and no-fault eviction notices served or filed on or after March 13,2020.

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