Think California has a true ‘eviction ban’ for renters impacted by coronavirus? Nope
No one should lose their home because coronavirus infected their paycheck.
Unfortunately, that’s the likely scenario for untold numbers of Fresno renters who’ve lost their jobs or had hours slashed during the COVID-19 pandemic. Because measures put in place by Gov. Gavin Newsom and locally don’t go far enough to protect them from evictions.
How can that be? Didn’t Newsom issue an executive order limiting rental evictions through May 31? Didn’t the city of Fresno do something similar before that?
They did. But like most things in government (and in life), it’s necessary to read the fine print.
Despite what appeared in certain headlines, Newsom did not “ban” evictions. He merely placed a few restrictions on them. Rather than a true moratorium, it is more like a stay of execution.
Under Newsom’s order, law enforcement officials are not permitted to execute a writ of possession as long as the tenant does not owe back rent, notifies the landlord in writing within seven days after the rent is due they are unable to for reasons related to COVID-19 and provides supporting documentation.
But nothing prevents landlords from initiating legal proceedings against a tenant or evicting them for reasons other than nonpayment — even prior to May 31.
As pointed out by the Western Center on Law & Poverty and other housing advocates, Newsom’s order does not cover no-fault evictions. Renters can still be evicted for renovations, owner move-in, converting the property to another use or any number of reasons.
At a time when we’re being instructed to shelter in place, no one should live in fear of losing the roof over their heads.
And what’ll happen come June 1? Nothing in Newsom’s order requires landlords to work out a payment plan for back rent. It doesn’t even suggest a timeline.
People who are hurting for money in April and May aren’t likely to see their fortunes reversed by early June. Yet nothing prevents unscrupulous landlords from evicting those who aren’t completely paid up.
Renters must jump through hoops
In Fresno, renters get a one-month moratorium (for now) and six months to catch up on deferred payments. Provided, of course, they notify their landlord, in writing, they cannot pay due to COVID-19 impacts and follow that up, within 10 days, with supporting documentation.
While some proof is needed, that’s too many hoops to jump through. Especially if they don’t have a bank account or work a job that doesn’t provide pay stubs.
Credit to Mayor Lee Brand and the City Council for taking action. But what has the city done to communicate this vital message to renters, particularly the most vulnerable? (Besides taking out a full-page ad in The Bee.)
You won’t find any mention of the rent moratorium on the home page of fresno.gov. And if you click on the “Coronavirus (COVID-19) UPDATE” alert bar, it takes you to a page where you have to scroll all the way to the bottom to see the words “Eviction Moratorium Notice Final.”
Want to read the actual text? Sure thing. Just click on the link labeled “Ord 2020-012 Emergency Ordinance Amending Section 2-514 of the Municipal Code Regarding the COVID-19 Pandemic Emergency.”
Besides English, the city provides links in Spanish, Hmong and Punjabi. But, really, you need to be fluent in Goverment-ese.
Homeowners get more relief
Before issuing his rental order, Newsom announced mortgage assistance for homeowners from four of the nation’s largest banks and more than 200 other financial institutions. Those eligible can defer payments for three months, and late payments won’t show up on their credit histories.
Which means, so far at least, homeowners are getting more financial relief than renters despite disproportionately lower incomes of tenants.
That is especially true in poverty-stricken Fresno County, where 65% percent of tenants pay unaffordable rents according to a 2019 report entitled “Evicted in Fresno” authored by Faith in the Valley.
Fresno County landlords filed an average of 4,634 unlawful detainer lawsuits each year between 2014-16. While not all of those tenants got evicted, those numbers don’t include those who left their homes before any court proceedings.
I shudder to think how many people will suddenly become homeless June 1. And unless the IRS has your bank account on file, those $1,200 stimulus checks may not arrive in time. That’s a real problem.
There’s no time to waste. It’s the beginning of the month. Rent is due.
This story was originally published March 31, 2020 at 2:50 PM.
