By: Sheridan McKnight
The city of Hermosa Beach declared a state of local emergency on March 16 in response to the COVID-19 global pandemic and imposed certain orders in response to the pandemic.
California Governor Newsom promulgated Executive Order N-28-20, which authorized local governments to exercise their police power to impose substantive limitations on foreclosures, residential and commercial evictions based on nonpayment of rent when the nonpayment of rent arose out of a substantial decrease in household or business income due to the effects of COVID-19, according to the order.
“If we want to make sure that our businesses have a chance to survive what is going to take place, sharing that burden is going to be important,” Massey said. “Relying on programs from the state and federal level to trickle down is not necessarily something that I am willing to do as a landlord too.”
In order to be considered for not making a rent payment one must (1) currently be sick with COVID-19, or caring for a household or family member who is sick with COVID-19; (2) lay-off, loss of hours, or other income reduction resulting from business closure or other economic or employer impacts of COVID-19.
“Thankfully my tenants are able to make their rent payments during all of what is going on,” Hermosa Beach resident and landlord Alan Yuter said. “I can imagine many people are not comfortable enough to continue to pay their dues if they are unemployed.”
In addition, one must (3) comply with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state of emergency; (4) extraordinary out-of-pocket medical expenses; or (5) child care needs arising from school closures related to COVID-19.
“Generally speaking, if the landlords are communicating with us that they are going to work with their tenants, then essentially they are going to do exactly what we are calling for,” Massey said. “Which includes talking to tenants about how big of a hit they have taken and what that means in terms of their rent obligations.”
If approved, the Ordinance will go into effect immediately upon adoption and will remain in effect until May 31, and may be extended during the period of local emergency. Other cities in California, including San Jose, West Hollywood, Hayward, Oakland, Sacramento, Los Angeles, San Diego, Palm Springs and Santa Monica have approved, or are considering, similar urgency measures according to REPORT 20-0176 of the Hermosa Beach City Council.
“It is a general fact that landlords are better positioned financially to absorb the cut of economic hardship that we are going to see over the next period both in the residential and commercial context,” Mayor Pro Tem Justin Maseey said.
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