Local Moratorium vs. Tenant Act Which Rules Apply? [Updated]

The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 was signed by Governor Newsom at the end of August. Among other things, the legislation enacted the Tenant Act to establish a statewide framework for delaying rent due to COVID-19 financial hardship. It did so by preempting local moratoriums like ours. The Act also mandates a new process for requesting rent forbearance and, importantly, a new deadline for repaying back rent. What does it mean for Beverly Hills tenants?

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Beverly Hills COVID-19 Rent Subsidy: What You Need to Know

Beverly Hills city council in September agreed to create a $1 million rent subsidy program to help COVID–19 affected tenants in the city pay the rent. The objective of the program is to provide a measure of stability to tenants in their moment of need. The program is also intended to benefit landlords by providing rental income that might otherwise be delayed due to COVID–19. But the devil is in the details. Here’s how it works.

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Courts Can Process Evictions. What Does That Mean for Tenants?

The state policy-making body for the courts decided last week to sunset Emergency Rule #1 that puts the brake on unlawful detainers in Superior Court. The rule is providing immediate relief for tenants with cases in the eviction pipeline. But the greater effect is to prevent tenants from being summoned in such cases. Emergency rule #1 was issued by the Judicial Council in April in response to the pandemic but as of September it goes away even though we’re stuck with the pandemic. What does it mean for tenants?

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Moratorium on the Rent Increase: What You Need to Know

City of Beverly Hills expanded its moratorium on eviction due to the COVID–19 emergency to also include a moratorium on the allowed annual rent increase. The provision is included in a new urgency ordinance which took effect on April 1st. However the rent freeze appears to apply retroactively to the date that the local emergency was declared: March 15th. Let’s take a closer look to see how it may apply to tenants who faced a rent increase.

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Moratorium on No-Fault Eviction: What It Means

The revised emergency measures related to COVID–19 adopted by Beverly Hills is notable for the moratorium on eviction for non-payment of rent and the moratorium on rent increases. But as important is a moratorium on no-fault eviction. State law allows for terminating a tenancy for reasons where the tenant is not at fault and localities are preempted from stepping in with more restrictive regulation. But that’s gone out the window during this emergency. Here is what you need to know about no-fault eviction.

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Moratorium on Eviction for Non-Payment: What You Need to Know

Beverly Hills city council has revised the moratorium on eviction for the non-payment of rent to add two important protections: it now prohibits any no-fault eviction including under the state’s Ellis Act (and stops the clock on evictions underway); and it puts the freeze on rent increases for residential tenants effective April 1st. But the most significant protection is against eviction for non-payment related to COVID–19. Here’s what you need to know.

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Beverly Hills Eviction Moratorium: What You Need to Know

City of Beverly Hills proclaimed a local emergency in response to COVID–19 and literally the first order of business was the protection of tenants. Agenda item #2 read: Enacting a moratorium preventing landlords from evicting any tenant who is unable to pay rent as a result of losing income caused by COVID–19 for the non-payment of rent. The moratorium passed unanimously as part of the city’s emergency order. Here’s what you need to know.

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Parking During Our State of Emergency: What You Need to Know

At the emergency meeting on Monday March 16th city council agreed that certain parking regulations should be suspended during the local coronavirus state of emergency. With few people working or traveling, and with family members home, the demand for street parking may increase. Yet the order that closed businesses and prohibits evictions for non-payment includes no specifics about new parking arrangements. We did some digging. Here’s what you need to know.

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Forbearance is Not a Standard Rental Agreement Clause

Rental agreements are legally enforceable contracts that specify the terms of tenancy. Among the most clear of those terms is the timely payment of rent. Every rental agreement identifies the rent amount and the due date. But nowhere in the agreement will there be a forbearance clause: the provision that would keep the landlord from moving swiftly to retake possession of the premises in the event of nonpayment. What to do when a tenant is caught short when the first of the month comes around?

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Which Holidays Give Us a Break from Construction?

Federal holidays should bring that rarest of qualities to our multifamily neighborhoods: peace & quiet on a weekday. Day in and day out we are assaulted by traffic, leaf blowers, and the nerve-fraying sounds of demolition, remodeling and construction next door. Holidays should be different. On days when city hall is closed, parking restrictions are suspended and our streets are pleasantly quiet we should expect a break. Yet the city allows construction to proceed. What’s the story?

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