pages: CityCouncil/2020-03-17.pdf, 11
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CityCouncil | 2020-03-17 | 11 | The Community Development Director stated the ordinance is intended to be straight- forward for people who are served with an unlawful detainer; should someone receive a 3-day notice to pay rent or quit and end up going to court on unlawful detainer, the ordinance allows an affirmative defense for why there should be no eviction during the moratorium; the ability for landlords and tenants to discuss and work out a reduced rent can happen without the City; the ordinance is a defense against unlawful detainer for 60-days; at the end of the 60-day period, a notice can be received stating pay rent or quit; grants are available at the end of the moratorium period; some with low income will have to qualify under the Centro Legal contract. Mayor Ezzy Ashcraft stated tenants must be prepared to pay full rent at the end of 60- days; questioned whether some will be able to obtain a grant for payment through Centro Legal. The Community Development Director responded in the affirmative. Vice Mayor Knox White moved adoption of the urgency ordinance with direction to clarify the six month payback. The City Attorney requested clarification of the motion; stated should there be an extension of the 60-days, the Council will extend the moratorium; noted some landlords may not bring an unlawful detainer action during the declared emergency, plus whatever extension is given. Vice Mayor Knox White stated the requirement should be as long as the tenant has paid the post-moratorium rent on-time. The City Attorney concurred. Vice Mayor Knox White stated rent must begin to be paid on-time after the moratorium concludes; the tenant then has six-months to pay back the up to two months or 60 days' worth of rent. The City Attorney stated staff will need time to draft the ordinance to ensure correctness; for the declared period of an emergency, non-payment is a non-evictable offense; the non-eviction period will be extended by however much the Council decides. Mayor Ezzy Ashcraft inquired whether Council is balancing the needs of property owners. Councilmember Oddie stated staff can return to Council with a proposal on how to deal with payback and the six-month timeline; there is not an anticipation of a nine-month moratorium on evictions; expressed support for a mechanism that landlords can be made whole; stated there are many ways to proceed. Special Meeting Alameda City Council 7 March 17, 2020 | CityCouncil/2020-03-17.pdf |