Renter and Landlord Resources

Community Development Agency
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Over the past few years the County of Marin, State of California, and other Cities and Town’s within Marin County have adopted legislation regarding rental housing. This page is designed to be a central hub to access information about this legislation and various tools for both renters and landlords. Subscribe to this page to receive updates and announcements.


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COVID-19 Emergency Ban on Evictions
Information and Resources

Board of Supervisors Meeting
On Tuesday September 22, 2020, the Marin County Board of Supervisors received an informational update on the eviction ban laws that have been passed at the local, state and federal levels. Most significantly, this meeting summarized the latest protections offered by the State of California through AB 3088: the COVID-19 Tenant Relief Act of 2020. 
Staff Report / Presentation
Local Marin County Temporary Ban on Evictions

On July 28th, 2020, the Marin County Board of Supervisors approved Resolution 2020-84, amendment to Resolution 2020-60, which bars evictions in Marin County due to the public health emergency arising from COVID-19, and is in effect countywide, in every city, town and unincorporated area of Marin. Resolution 2020-84 extends the eviction moratorium in Marin County to September 30, 2020 for all residential tenants that are suffering financial impact due to the COVID-19 pandemic. The Resolution includes a 90-day repayment period after this date for residential tenants.

Staff Report: English, Español, Tiếng Việt 
Resolution: English, Español, Tiếng Việt
Frequently Asked Questions: English, Español, Tiếng Việt

AB 3088: The COVID-19 Tenant Relief Act of 2020

On September 1, 2020, Governor Newsom signed AB 3088: the COVID-19 Tenant Relief Act of 2020. This bill affords protections against eviction for nonpayment of rent to tenants that have experienced financial hardship due to COVID-19 and completed the required prerequisites under AB 3088 until January 31, 2021. This bill is composed of three phases:

Phase 1:

  • Beginning September 2, 2020 through October 4, 2020, landlords will not be able to proceed with any evictions unless necessary due to urgent habitability problems with the premises. 
  • For unpaid rent between March 1, 2020 and August 31, 2020,  landlords must provide a notice of tenants' rights (translation in progressunder AB 3088 by September 30, 2020.

Phase 2:

  • Beginning October 5, 2020 through January 31, 2021, landlords will be able to proceed with eviction cases based on nonpayment of rent following a notice period of 15 days, during which time the tenant may return a declaration (EspañolTiếng Việtрусскийفارسی to the landlord indicating that the tenant cannot pay rent due to COVID-19 related financial hardship. Tenants provide a declaration of a financial hardship cannot be evicted for rental debt accrued between March 1, 2020 and August 31, 2020.
  • The tenant also cannot be evicted for COVID-19 rental debt accrued between September 1, 2020 and January 31, 2021 under these same protections if the tenant pays 25% of the rent and other charges due during this period no later than January 31, 2021.

Phase 3:

  • Beginning February 1, 2021, landlords will be able to proceed with eviction cases for tenants who failed to pay at least 25% of their rent which came due between September 1, 2020 and January 31, 2021, as well as any tenant who fails to pay timely rent going forward.

Click here to view frequently asked questions (FAQs) about AB 3088 from the State of California.

AB 3088 Summary Document: EnglishEspañolTiếng Việtрусскийفارسی
Tenant Declaration Form: EnglishEspañolTiếng Việtрусскийفارسی
Notice of Tenants' Rights under AB 3088 (rent owed between March 1, 2020 and August 31, 2020): English, Español, Tiếng Việt, русский, فارسی (translation in progress)
Notice of Tenants' Rights under AB 3088 (rent owed between September 1, 2020 and January 31, 2021): EnglishEspañolTiếng Việtрусскийفارسی

English: AB 3088 Flow Chart (click on the image to make larger)

Flow chart for AB 3088, the COVID-19 Tenant Relief Act of 2020

Español: AB 3088 Diagrama (haga clic en la imagen para ampliar)

Flow chart in Spanish for AB 3088, the COVID-19 Tenant Relief Act of 2020

You can find more information about AB 3088 in the dropdown below.

Click on the expandable links below for more information about Marin's temporary ban on evictions, the State of California's temporary ban on evictions, related documents and community resources.

  • Marin County Temporary Emergency Eviction Moratorium (Local)   

    Effective March 24, 2020, and as later amended, the Marin County Board of Supervisors passed Resolution Nos. 2020-27 and 2020-40, 2020-45, 2020-60 and 2020-84 which temporarily ban evictions for nonpayment of rent for residential tenants that suffer financial loss related to the COVID-19 pandemic. This Resolution is set to expire on September 30, 2020 for residential tenants, and expired on May 31, 2020 for commercial tenants.

    In order for tenants to exercise the protections set by the Resolution, they must first provide written notice to their landlord within 30 days of the rental payment due date, explaining their financial impact. Then, within 7 days of supplying this written notice, they must submit documentation to verify this financial impact.

    Resolution Timeline

    March 24, 2020

    Board of Supervisors approve Resolution 2020-27 which bars evictions for nonpayment of rent related to financial impacts due to the COVID-19 emergency in all of Marin County for both residential and commercial tenants through the end of May.

    April 28, 2020

    Board of Supervisors approve Resolution 2020-40, amendment to Resolution 2020-27 which includes a 90-day repayment provision for any rent due, provisions against harassment, and includes language for properly noticing tenants.

    May 26, 2020

    Board of Supervisors approve Resolution 2020-45, amendment to Resolution 2020-40 which extends the eviction moratorium to June 30,2020for residential tenants. The 90-day repayment period for residential tenants begins after this time.

    June 23, 2020

    Board of Supervisors approve Resolution 2020-60, amendment to Resolution 2020-45 which extends the moratorium to July 31, 2020 for residential tenants. The 90-day repayment period for residential tenants begins after this time.

    July 28, 2020

    Board of Supervisors approve Resolution 2020-84, amendment to Resolution 2020-60, which extends the moratorium to September 30, 2020 for residential tenants. The 90-day repayment period for residential tenants begins after this time.

  • Marin County Eviction Ban Video FAQs (English/Español)   

    For more information, check out the video below that answers some frequently asked questions from the community about the eviction ban Resolution in Marin County. / Para obtener más información, vea el siguiente video que responde a algunas de las preguntas frecuentes de la comunidad acerca de la Resolución de Prohibición de Desalojo en el Condado de Marin.

    • 1. Why, When, Where and Who? / ¿Por Qué, Cuándo, Dónde, y Para Quién? (EnglishEspañol)
    • 2. What to Do if You Can't Pay Your Rent / Qué Hacer Si No Puede Pagar la Renta (EnglishEspañol)
    • 3. Paying the Rent you Owe / Pagando la Renta que Debe (EnglishEspañol)
    • 4. Help is Available / Apoyo Está Disponible (EnglishEspañol)
  • AB 3088: the Tenant Relief Act of 2020 (State)   
    On September 1, 2020, Governor Newsom signed AB 3088, the COVID-19 Tenant Relief Act of 2020. This law:
    • Expands some mortgage protections currently available for homeowners to small landlords (4 or fewer units)
    • Limits pursuing foreclosure and loan modifications at the same time
    • Requires loan providers to give specific information as to why a loan modification is denied
    • Provides protections against eviction for tenants that have been unable to pay rent due to financial impact related to COVID-19.

    Eviction protections due to loss of income from COVID-19

    Prohibits a landlord from evicting a tenant who has been unable to pay rent between March 1, 2020 and August 31, 2020, if:

    • The tenant provides the landlord with a declaration stating their finances have been negatively impacted by COVID-19.
    • "High income" tenants, defined as tenants that earn above 130% of the Area Median Income, may also be required to submit documentation to verify their financial hardship related to COVID-19.

    Prohibits a landlord from evicting a tenant for nonpayment of rent between September 1, 2020 and January 31, 2021 if the tenant completes the following:

    • The tenant provides the landlord with a declaration stating their finances have been negatively impacted by COVID-19.
    • "High income" tenants, defined as tenants that earn above 130% of the Area Median Income may also be required to submit documentation to verify their financial hardship related to COVID-19.
    • By January 31, 2021, the tenant must pay 25% of rental payments due between September 1, 2020 and January 31, 2021. The remaining 75% can be collected through a breach of contract action and cannot be used as a reason for eviction. This action may not be taken before March 1, 2021.

    Requires landlords that are attempting to evict for reasons of nonpayment of rent to provide a 15-day notice (as opposed to a 3-day notice) and must provide a blank declaration form (Español, Tiếng Việt, русский, فارسی) to their tenant to sign to give them the opportunity to explain reason for nonpayment.

    Just Cause

    This law also extends "just cause" protections under AB 1482, the Tenants Protection Act of 2019, to all residents until February 1, 2021, with some exceptions:

    • Jurisdictions with an existing Just Cause for eviction policy (unincorporated Marin, City of San Rafael, Town of Fairfax) are subject to the local ordinance. Jurisdictions under AB 1482 in Marin include: Belvedere, Corte Madera, Larkspur, Mill Valley, Novato, Ross, San Anselmo, Sausalito and Tiburon.

    Modifications to AB 1482 include the following:

    • The "no fault" cause related to substantial rehabilitation is limited to circumstances that are necessary to comply with health and safety laws.
    • Provides an exception for single-family home and condo owners that are under contract with a buyer who intend to occupy the home.

    For a tenant that has resided in a unit for longer than 12 months, a "no fault" eviction under AB 1482 (owner move-in or immediate relative move-in, or withdrawal of the unit from the rental market) requires the landlord to pay relocation assistance in the amount of one month's rent or a rent waiver equal to one month's rent.

    Other provisions 

    • Increased penalties for landlords for illegal lockouts
      • $1,000 - $2,500 if the resident has provided the declaration of financial impact.

    • Prevents Landlords from retaliating against tenants who are unable to pay rent due to COVID until February 2021. 

    • Limits local jurisdictions ability to pass additional tenant protections related to COVID
      • Cannot extend repayment deadlines past March 2021
      • Cannot pass additional or new protections related to unpaid rent due to COVID
     

Questions?    

If you have any outstanding questions about the emergency ban on evictions, contact Housing and Federal Grants Division staff by email at affordablehousing@marincounty.org or telephone at 415-473-7309.


Marin County Landlord Registry

Landlord Registry

A tool for Landlords to register their properties
Properties in unincorporated Marin with three dwelling units or more must register their units with the Marin County Community Development Agency by June 1, 2019 and annually thereafter by January 1.

Jurisdiction Look-up Tool

The County's tool to determine which Marin jurisdiction your property is located
Properties with mailing addresses in cities and towns can be located in the Unincorporated Marin County. Different laws apply to cities, towns, and unincorporated Marin.

State of California Legislation

State of California Seal

AB 1482 Tenant Protection Act of 2019
On October 8, 2019 Governor Newsom signed AB 1482 providing rent cap and just cause eviction protections.

 


Map of California

SB 329 Source of Income
On October 8, 2019 Governor Newsom signed SB 329 to prohibit the discrimination against renters and potential renters with third party rental subsidies such as Section 8/Housing Choice Vouchers in California.

County of Marin Legislation

Just Cause for Eviction

Just Cause for Eviction
The Just Cause for eviction policy in unincorporated areas of Marin applies to properties with three or more units and requires that tenants be given a reason for a lease termination and establishes prerequisites for issuing terminations.

 

Dispute Resolution

Rental Housing Dispute Resolution (Mandatory Mediation)
Mandatory Mediation program offers an opportunity for landlords and tenants to discuss issues related to increases in monthly rent greater than 5% over a 12-month period. This service is available for rents raised in compliance with AB 1482. 

 

Source of Income
The Source of Income policy prohibits landlords from discriminating against renters and potential renters with third party rental subsidies such as Section 8/Housing Choice Vouchers.

Other Local Jurisdiction Legislation

City of San Rafael

City of San Rafael
The City of San Rafael has adopted three policies and programs to support landlords and tenants including Just Cause for Eviction, Mandatory Mediation, and Source of Income.

 


City of Fairfax

Town of Fairfax
The Town of Fairfax has adopted three policies and programs to support landlords and tenants including Just Cause for Eviction, Mandatory Mediation, and Source of Income.


Other County Resources

Marin County District Attorney's office seal

Consumer Protection Unit of the District Attorney's Office
The Consumer Protection Unit is focused on protecting the public, prosecuting violators and preventing future violations of law through the use of enforcement, mediation, referral and outreach.

 

rows of houses from above

Environmental Health Services (EHS) Rental Housing Program
The EHS Rental Housing program is tasked with ensuring safe and healthful shelter by ensuring compliance with requirements for sanitation, ventilation, maintenance, use and occupancy for apartment houses, hotels and motels.

 

Marin County Law Library entrance

Marin County Law Library
The Marin County Law Library serves the public by providing access to legal formation resources through a variety of media, research assistance and technologies.