As of September 1, 2020, A statewide residential eviction moratorium replaced the local moratorium in san josé.

On August 31, 2020, the State of California enacted a new law -- The Tenant Relief Act of 2020 -- that replaced the City's residential eviction moratorium with a statewide eviction moratorium. This new state law is commonly known as AB 3088.

The new law includes several protections for renters who are facing hardships due to the COVID-19 pandemic. Key provisions in AB 3088 include the following:

No tenant can be evicted before February 1, 2021, as a result of rent owed due to a COVID-19 hardship, if the unpaid rent accrued between March 4, 2020 and August 31, 2020. The tenant must provide a declaration of hardship to her or his landlord to receive this protection.

Tenants facing hardships between September 1, 2020 and January 31, 2021, must pay at least 25 percent of the rent due by January 31, 2021 to avoid eviction. The tenant must provide a declaration of hardship to her or his landlord to receive this protection.

If a landlord initiates an eviction proceeding for nonpayment of rent before February 1, 2021, the tenant has 15 days to provide the landlord with a declaration of hardship to stop the eviction.

PLEASE NOTE: Tenants are still responsible for unpaid rent that accrues during the time periods described above, but the unpaid rent cannot be the basis for an eviction. Landlords may begin to recover this debt on March 1, 2021, and small claims court jurisdiction is temporarily expanded to allow landlords to recover this debt. Landlords who do not follow the court evictions process may face penalties.

In the City of San José, affected tenants who accrued unpaid rent while the eviction moratorium was in effect must pay back at least 50% of the unpaid rent by February 28, 2021, and the remaining unpaid rent must be paid by August 31, 2021.

Landlords may not charge affected tenants any penalties, fees or interest on unpaid rent that accrued while the eviction moratorium was in effect.

Please click here to view the State's FAQ on the Tenant Relief Act.

Below is a webinar about the Tenant Relief Act of 2020, recorded On September 18, 2020.

Click here to view the slide deck from the webinar.

Affected tenants and landlords may negotiate their own repayment plans for unpaid rent that accrued during the eviction moratorium. This is voluntary. Before a repayment plan is signed, the landlord must provide the tenant with a notice of their rights under the eviction moratorium related to repayment of past due rent.

No Harassment or Retaliation

Retaliation and harassment against affected tenants who invoke their rights under the eviction moratorium are prohibited.

If you have questions about residential evictions or the City's eviction moratorium, you may contact the City of San José Housing Department at RSP@sanjoseca.gov or 408-975-4480.

ADDITIONAL ASSISTANCE FOR RENTERS

If you are at risk of losing your housing or missing a rent payment, you may contact the COVID-19 Financial Assistance Program to see if you qualify for assistance. The fund provides temporary financial assistance and supportive services to low-income families and individuals who are at risk of becoming homeless.

You can get more information about the COVID-19 Financial Assistance Program by calling (408) 780-9134 or emailing covid19help@sacredheartcs.org.

RESOURCES FOR LANDLORDS

A number of protections have been established at the State and federal levels to provide protections for landlords who are impacted by the COVID-19 pandemic.

The State has extended anti-foreclosure protections in the Homeowners Bill of Rights to small landlords. And both Fannie Mae and Freddie Mac have taken steps to assist landlords.