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City of Santa Ana Halts Evictions, Foreclosures During Pandemic

Date: March, 20 2020 Category: COVID-19

READ THE EXECUTIVE ORDER WITH FULL RULES AND REQUIREMENTS

The City of Santa Ana has enacted a moratorium on all residential and commercial foreclosures and evictions for non-payment of rent for anyone who is unable to pay due to financial impacts related to COVID-19.

The Santa Ana City Council unanimously authorized the action on Tuesday, March 17, in a proclamation of local emergency. City Manager Kristine Ridge signed the executive order on Thursday, March 19, and it immediately went into effect.

The moratorium will remain in place as allowed under an executive order of the Governor of California through May 31, 2020, or longer if extended by the Governor.

The City of Santa Ana’s order includes the following:

  • Residential landlords who know a tenant can’t pay rent for reasons related to COVID-19 aren’t allowed to serve a notice of eviction or take other actions to evict a tenant for nonpayment of rent.
  • Commercial landlords are prohibited from charging rent and evicting commercial tenants for nonpayment of rent if the businesses are limited or closed to prevent or reduce the spread of COVID-19. But tenants are still ultimately responsible for paying rent (see below.)
  • To show that the landlord knew of the tenant’s situation, the tenant must provide the landlord with notice in writing of lost income and inability to pay full rent due to financial impacts from COVID-19, along with documentation to support the claim. This must be provided within 30 days after the date that the rent is due.
  • The tenant is still responsible for the unpaid rent and must pay within six months of the expiration of the local emergency, under the executive order. A landlord can’t charge or collect a late fee for rent in these circumstances.
  • Foreclosures on residential and commercial properties are temporarily suspended. No foreclosure action shall be initiated during the local emergency against a property owner with a demonstrated financial impact related to COVID-19.
  • Water and sewer service can’t be shut off because of unpaid bills and late-payment penalties or fees can’t be charged.
  • No late-payment penalties will be charged for parking violations.

The local emergency resolution that allowed this eviction and foreclosure moratorium also closed City Hall and all other municipal buildings to the public, suspended street sweeping parking citations, waived late fees for all City-provided services, suspended the shut-off of City-provided utilities, and enacted other measures to protect the public.

 

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