COVID-19 Renter Protections

Overview

On Monday June 28, 2021, Governor Newsom signed AB 832, extending the eviction protections offered by SB 91 through September 30, 2021. The information below is available on the State’s Housing is Key page. More information about rental assistance can be found on the Marin Emergency Rental Assistance Program page.

• If you were unable to pay all or some of your rent between March 1, 2020 and August 31, 2020
  • If your landlord gives you a notice to "pay or quit," they must provide a notification which explains your rights and obligations. (A notice to "pay or quit" is a notice from your landlord that gives you a certain amount of time to pay the outstanding rent you owe or vacate your home.)
  • You cannot be evicted IF you return a declaration of financial hardship (Español, Tiếng Việt, русский, فارسی), signed under penalty of perjury, and returned within 15 business days of receiving a notice to "pay or quit."
  • It is very important that you provide the signed declaration within 15 business days or an eviction proceeding may be filed against you.
• If you were unable to pay all or some of your rent between September 1, 2020 and September 30, 2021
  • All of the same rights and obligations above apply.
  • In addition, by September 30, 2021, you must pay at least 25% of the rent due during the period of September 1, 2020 through September 30, 2021.
  • You may do this by paying at least 25% each month, or by paying a lump sum equaling 25% of your rent during the time period, or by some other means.
• If your household income is more than 130% of the median household income in your county and more than $100,000, your landlord may demand proof of your COVID-19 related hardship be provided to support your declaration. There are several things you can use to satisfy this requirement, such as a tax return, pay stubs, and a statement from your employer, among other things.
• If you are unable to provide the declaration to your landlord within 15 business days, you may still submit the declaration to the court for similar protections if you have a "good reason" for not providing it. "Good reasons" include mistakes, inadvertence, surprise, or excusable neglect as interpreted in the California Code of Civil Procedure.

Other Things You Need to Know

• Until October 1, 2021, a landlord can only evict a tenant if they provide a legally valid reason.
• It is illegal for a landlord to give a tenant a 30- or 60-day eviction notice without a stated reason. This is commonly known as a "no-cause" eviction.
• The stated reason must match one of the valid reasons allowed by the law, a "just cause" eviction.
• Existing local government eviction ordinances may remain in place until they expire, but they may not defer rent obligations beyond May 31, 2023.
• Landlords who do such things as lock tenants out, remove personal property or shut of utility services to evict a tenant, rather than going through the required court process, could faces fines of between $1,000 and $2,500. These penalties are in effect until October 1, 2021.
• If you believe you have been unlawfully evicted or if you need legal advice, you should consult with an attorney. If you need low- or no-cost legal help, visit www.lawhelpca.org and/or Tenant Resources for additional resources.

Documents and Resources

• State of California Eviction Protections Frequently Asked Questions (FAQs) website
• AB 832 Eviction Moratorium: 25% Rent Worksheet: English, Español, Tiếng Việt
• Frequently asked questions (Legal Aid of Marin): English, Español, Tiếng Việt
• Tenant Declaration of Financial Hardship Form: English, Español, Tiếng Việt, русский, فارسی
• Tenant Rights & Responsibilities in Eviction Cases as of October 1, 2021 (California Courts): English, Español
• Landlord Checklists (California Courts): English, Español
• Judicial Council website
• Legal Resources:
  • Legal Aid of Marin (local): (415) 492-0230 (extension 102)
  • Law Help California (state)
  • Additional resources from the state

Overview

On June 8, 2021, the Marin County Board of Supervisors approved an Urgency Ordinance which bars evictions related to nonpayment of rent due to COVID-19 financial hardship in unincorporated Marin through September 30, 2021. Other Marin jurisdictions, including San Rafael, Fairfax and San Anselmo, also passed local Urgency Ordinances providing eviction protections in June 2021.

On Monday, June 28, 2021, Governor Newsom signed AB 832, extending statewide eviction protections against evictions for COVID-19 related nonpayment of rent until September 30, 2021, which will generally take precedence over local Urgency Ordinances.  

If a landlord is attempting to evict a tenant for nonpayment of rent, they must first provide a 15-day notice and a blank declaration of financial hardship form (Español, Tiếng Việt, русский, فارسی). Under this Urgency Ordinance, “COVID-19 financial distress” is defined as:

• Loss of income caused by the COVID-19 pandemic;
• Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic;
• Increased expenses directly related to health impacts of the COVID-19 pandemic;
• Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income;
• Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic;
• Other circumstances related to the COVID-19 pandemic that have reduced income or increased expenses.

Documents

• Staff Report
• Urgency Ordinance 
• Tenant Declaration Form: English, Español, Tiếng Việt, русский, فارسی
• Frequently Asked Questions: English, Español, Tiếng Việt

On Tuesday, February 9, 2021, the Marin County Board of Supervisors approved an urgency Ordinance enacting a temporary moratorium on rent increases for tenants residing in certain residential units and in census tracts most disproportionately impacted by, or at risk of, COVID-19. In the unincorporated areas of Marin, this would apply to census tracts 1290 (Marin City) and 1330 (West Marin, including Dillon Beach, Tomales, Marshall, Point Reyes Station, Nicasio and areas of unincorporated Novato), and would be in effect from February 9, 2021 until December 31, 2021.

• Board Packet

The City of San Rafael approved an urgency Ordinance in census tracts 1122.01 and 1122.02 (Canal neighborhood). Additionally, the City of Novato approved an urgency Ordinance to be applied to census tracts 1022.03, 1032 and 1042. More recently, on June 8, 2021, the Town of San Anselmo approved an urgency ordinance prohibiting rent increases for tenants that provide a Declaration Form under AB 832, in place until December 31, 2021. 

• City of San Rafael Packet
• City of Novato: Staff Report, Ordinance
• Town of San Anselmo: Staff Report, Attachment

You can use this searchable map to determine if an address is located in one of the identified areas with a rent freeze ordinance.

Community Resources

• Legal Aid of Marin:
  • phone: (415) 492-0230 (ext. 102)
  • FAQs: English, Español
• Fair Housing Advocates of Northern California, phone: (415) 457-5025
• Consumer Protection Unit (Mediation Services), phone: (415) 473-6495
• Emergency Rental Assistance Program, phone: (415) 473-2223

COVID-19 and Eviction Resources

• California Handbook of Tenants and Landlords Rights and Responsibilities handbook (updated 09/2020)
• Judicial Council of California Eviction Resources
• Judicial Council of California Tenant Checklist: English, Español
• Judicial Council of California Landlord Checklist: English, Español
• Legal Aid Association of California LawHelpCA
• Tenant Evictions Self-Help Guide (California Courts)
• Landlords Evictions Self-Help Guide (California Courts)
• Marin County COVID-19 Call Center: (415) 473-7191
• Marin County COVID-19 Website
• California COVID-19 Website
• California COVID-19 Resources:
  • Financial Help
  • Benefits for Workers Impacted by COVID-19
  • Mortgage Relief Financial Institutions