City Provides FAQs on Ban on Evictions due to COVID-19
Post Date:03/26/2020 2:32 PM
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- What evictions are prohibited?
By Order of the City’s Director of Emergency Services (DES), who is the City Manager, commercial and residential evictions are prohibited until at least May 31, 2020, in the City of Simi Valley. This only applies to cases in which a tenant’s inability to pay is related to the COVID-19 coronavirus epidemic. The Order (DES Order No.1) was issued on March 18, 2020.
- What does “related to the epidemic” mean?
“Related to the epidemic” means a substantial decrease in household income; substantial out of pocket medical expenses; or a decrease in business income, in each case caused by the COVID-19 pandemic.
- Do tenants still owe rent?
Yes, nothing in the Order shall relieve a tenant of liability for unpaid rent.
- What was the City’s authority to pass the Order based on? How long will it last?
On March 16, 2020, the City Council authorized the DES to pass regulations and orders related to the COVID-19 emergency. On March 17, 2020, the Governor of the State of California waived state laws that would have prevented the City from implementing this moratorium on evictions. On March 18, 2020, the City’s Director of Emergency Services approved DES Order No. 1, putting on hold all evictions until May 31, 2020. Many, if not all, cities in the County of Ventura, and the County itself, have implemented similar bans on evictions.
The Governor’s waiver only lasts until May 31, 2020. If the Governor extends the waiver of state law, the City’s eviction ban will continue automatically until whatever later date may be implemented by the Governor.
- My relative is in assisted living. Will they be evicted?
No, such evictions are prohibited by the Order. Under state law, evictions from residential care facilities such as assisted living must proceed according to a number of California laws, including California Code of Civil Procedure 1161 (2); Civil Code Sec. 1940, and others. The DES Order No. 1 prohibits such “unlawful detainer” procedures from going forward.
- I am a landlord and my tenant did not pay rent before this all started. Can I evict them? What if an eviction was already in process?
If an eviction is not based on the effects of the COVID-19 emergency, the City’s DES Order No. 1 does not prohibit the eviction. However, as the County Superior Court and the Ventura County Sheriff hear and carry out eviction processes, they may not provide eviction hearings and services for some time. This may apply even if an eviction was already in process. For questions on specific eviction processes underway, please check with the appropriate County agency and/or your own attorney.
- Can the City provide advice on my eviction?
No. Any eviction process is a civil dispute between a landlord and a tenant, and the City cannot provide advice to particular parties in dispute. Further, in case of a conflict between this FAQ and the DES Order No. 1, please refer to the text of DES Order No. 1, which shall govern. This FAQ is being provided for explanatory purposes only.