Dedicated to helping the rental housing industry get ahead of a public health crisis.

There’s a lot to unpack, but Bornstein Law is committed to making sense of it all.
Since our last email on this rapidly evolving subject, we have put together additional documents for your edification. Let’s hope that COVID-19 does not infect an occupant within the building you own or manage, but we must develop a contingency plan. You can download sample correspondence to send to neighboring tenants when the novel virus has been detected. 
We also anticipate a dilemma when landlords have entered into a lease agreement before the tenant has taken possession of the unit, only to have the incoming tenant claim a coronavirus-related hardship. This amendment to the lease agreement can assist property owners in resolving an admittedly tricky situation.  

After Governor Newsom’s March 16 Executive Order N-28-20 empowered local governments with unprecedented police powers to halt evictions, municipalities didn’t have to be told twice to exercise their newfound authority. We take a trip around the Bay Area to explore local moratoriums below.

We thank many of you have registered for our April 3rd webinar on hoarding; however, due to the covid-19 crises, we will spend approximately 30 minutes speaking about the impact of the coronavirus and reserve about 30 minutes addressing excessive clutter and hoarding. If you haven't already done so, you can register here .

Finally, we end on a positive note. Many owners have felt forgotten during a tsunami of protections geared towards tenants, without adequate relief for landlords. These concerns can be assuaged, in part, after most major banks have pledged to provide forbearance on foreclosures and on mortgage payments.

Extraordinary times call for extraordinary guidance, and Bornstein Law is committed to rising to the occasion.
Downloadable documents
Letter to send to all tenants in close proximity when the coronavirus is detected
Amend to lease agreement when tenant hasn't taken possession of the unit yet
Cities throughout the Bay Area are taking a pause on evictions.
Although San Francisco has blazed a trail in bringing displacements to a standstill, other cities will not be undone.

Hayward passed its iteration with a 90-day moratorium on residential evictions for non-payment of rent cases and no-fault evictions that would otherwise be allowed under the ordinance. Refreshingly, the landlord can come to the mediating table to participate in negotiating payment agreements when the tenant claims a hardship related to COVID-19. Taking a balanced approach, Hayward requires tenants must be able to document the loss of income. Expected to be launched on April 15, the program will prohibit from charging late fees and filing eviction actions until 90 days after the expiration of the moratorium. More details here .

Oakland City Council is expected to put a halt on evictions caused by coronavirus income disruptions when it convenes in the imminent future. We will be closely following what the sure-to-be-passed ordinance will look like. Get a preview here .

Unincorporated Alameda County

In Alameda County, the Board of Supervisors approved an urgency ordinance proving a 30-day moratorium on evictions in the unincorporated parts of the county if renters can demonstrate a substantial loss of income as a result of the coronavirus.

Alameda City takes a bit of an inventive approach by not banning evictions outright, but by creating an affirmative defense to eviction actions when the tenant has a substantial loss of income, extraordinary out-of-pocket medical expenses, or extraordinary child care needs. Going a step further, Alameda bans landlords from shutting off a tenant's utilities for reasons unrelated to an emergency. You can read the ordinance here .
Berkeley has forbidden evictions of all kinds for individuals and businesses when they can't pay their rent or mortgage if they can show they were affected by the shelter-in-place order. The ordinance also stipulates that a landlord may not charge or collect a late fee for rent that is delayed for reasons related to the public health crisis. 

San Jose

San Jose's moratorium on evictions will be in effect for 30 days with the possibility of an extension each month. To qualify, residents must notify their landlords either before or on the day their rent is due, as well as provide documentation such as notices from schools shutting down, doctor’s notes, quarantine advisories or pay stubs, showing they have faced a substantial loss of income due to the virus.
Handling the coronavirus and hoarding in rental units

On Friday, April 3 at 1:00 PM, Daniel will take on these weighty subjects. We had originally planned to devote an entire hour to excessive clutter and hoarding, but in light of the new threat, we will divide the topics.
Gov. Newsom announces mortgage relief that will benefit small landlords

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