Gov. Newson Bans Evictions in California through May 31 for Renters Affected by COVID-19

City of Bishop and Mono County Supervisors Implement Similar Ordinance to Protect Renters

Governor Gavin Newsom signed an Executive Order N-37-20 on Friday, March 27, banning evictions across California through May 31 for renters affected by the coronavirus. The order prohibits landlords, law enforcement, and courts from evicting tenants for failing to pay rent due to coronavirus-related circumstances.

Previously, on March 16, 2020, the Governor issued Executive Order N-28-20 which suspended any state law that would preempt or otherwise restrict the city’s exercise of its police power to impose substantive limitations on evictions based on nonpayment of rent resulting from the impacts of COVID-19.

It was under the authority stemming from the governor’s March 16th Executive Order N-28-20, that the City of Bishop City Council enacted Ordinance No. 566 late Thursday afternoon on March 26th. Under the City Ordinance, which is posted to the City of Bishop official website, and specific to the city, both commercial and residential tenants who notify their landlords before their rent is due, and provide documentation to their landlord within thirty (30) days of their rent due date, that they are unable to pay all or a portion of their rent, due to substantial financial hardships resulting from COVID-19 may not be evicted during the pendency of the Governor’s Order N-28-20 or an extension thereof.

On the same day, March 26th, the Mono County Board of Supervisors enacted the Urgency Ordinance Adding Chapter 7.93 to the Mono County Code Temporarily Prohibiting Residential or Commercial Evictions Departments, similar to that of the City of Bishop’s ordinance passed on the same day.

The Inyo County Board of Supervisors is holding a Special Meeting on March 31st in Independence to take up a Eviction Ban County-wide.

The governor’s order on Friday includes anyone unable to work because they are caring for someone with a “suspected or confirmed case of COVID-19,” as well as anyone laid off, has their hours or income reduced, or must care for a child whose school was closed due to the coronavirus.

Under the ordinance, both commercial and residential tenants who notify their landlords before their rent is due, and provide documentation to their landlord within 30 days of their rent due date, that they are unable to pay all or a portion of their rent, due to substantial financial hardships resulting from COVID-19 may not be evicted during the pendency of the governor’s Order N-28-20 or an extension thereof.

To be protected from eviction by the ordinance, tenants will need to notify their landlords and provide documentation evidencing their inability to pay all or portion of their rent during the effective dates of the ordinance are due to COVID-19 impacts. Tenants will also be required to pay whatever part of the rent they are able. Landlords will not be permitted to begin eviction proceeding against tenants who qualify during the term of the ordinance, nor will landlords be able to charge late fees to eligible tenants

Renters would still have to eventually pay all the rent they owe. They must also notify their landlord that they need to delay rent payments within seven days of their rent becoming due. In order to avoid eviction, tenants must show documentation proving the change in their financial circumstances, such as termination notices, payroll checks, bank statements, or medical bills. They also

The order goes into effect immediately, meaning residents with rent due on April 1 can defer those payments.

To Summarize:

California Governor Gavin Newsom issued an executive order on Friday, March 27, banning evictions statewide through May 31 for renters impacted by the coronavirus pandemic.

The order is effective immediately, meaning tenants who owe rent on April 1 will be able to get relief, though they must show documentation and are still on the hook for payments later.

The order prohibits landlords and law enforcement from evicting tenants who get sick with COVID-19, need to stay home to care for others, or lose their job or income and can’t pay rent as a result.

Newsom’s previous executive order issued on March 16 had already allowed local governments to pass their own bans and several already had done so. The City of Bishop did so on Thursday, March 26, although the governor’s order is broader in scope and of longer duration.

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