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EVICTION MORATORIUM & RENTAL ASSISTANCE

UPDATE (10/06/2020): The Santa Clara County eviction moratorium for all small business tenants impacted by the novel coronavirus (COVID-19) is now extended through to November 30, 2020. This moratorium only applies to small business / commercial tenants. Fore more information, see the County of Santa Clara’s notice here.

UPDATE: 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.

CA COVID-19 Rent Relief Program: If you’re an income eligible renter who has experienced a financial hardship due to COVID-19 and have past due rent, or you’re a landlord who has experienced a loss in income because of unpaid rent, you may be eligible to get financial assistance now through the CA COVID-19 Rent Relief program. To apply and more info, visit HousingIsKey.com or call 833-430-2122

Rental Assistance: 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.

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.


MORTGAGES

Mortgage Relief: For mortgage relief contact your mortgage servicer. For more information on mortgage relief for loans owned by Fannie Mae or Freddie Mac click here. Additional information is posted on the Federal Housing Finance Agency’s page.

The Federal Housing Finance Agency (FHFA) wants homeowners in forbearance to know they are not required to make lump sum repayments if their mortgages are backed by Fannie Mae or Freddie Mac. In response to the COVID-19 pandemic, Fannie Mae and Freddie Mac gave many borrowers with financial hardships a forbearance option, which is a temporary pause or reduction in their monthly mortgage payments. The missed payments eventually have to be paid back. The FHFA says mortgage servicers will contact borrowers who opted for forbearance to determine if their temporary hardships have been resolved, and to discuss a variety of repayment options. In cases when the hardships have not been resolved, the forbearance plans can be extended.

Fannie Mae and Freddie Mac have also extended the moratorium on foreclosures and evictions on single-family mortgages through the end of the year to December 31, 2020.

Governor Gavin Newsom also announced that financial institutions will provide major financial relief for millions of Californians suffering financially as a result of the COVID-19 outbreak. Californians economically impacted by COVID-19 may receive 90-day grace periods to make mortgage payments.

 
 
 
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