Coronavirus (COVID-19) Relief Center
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California
These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 25, 2020.
For more up-to-date information on the relief programs available in California, we recommend that you visit the Secretary of State's website or the California COVID-19 portal.
Description of Program and Relief
Evictions Moratorium
The San Mateo County Board of Supervisors has approved emergency regulations imposing a temporary moratorium on residential evictions and certain commercial evictions. During the term of the ordinance, no landlord may evict a qualifying residential or commercial tenant for failing to pay rent if that failure is related to a loss of income or out-of-pocket medical expenses resulting from COVID-19 or any federal, state, or local government response to the pandemic. A landlord is also precluded from initiating a no-fault eviction, unless necessary for the health and safety of other tenants, neighbors, or the landlord. The eviction moratorium does not relieve eligible tenants of their liability for the unpaid rent.
Government or Lead Agency
San Mateo County Board of Supervisors
Dates Available
Effective through May 31, 2020
Eligibility Requirements/Restrictions
Prior to initiating an eviction of a residential or commercial tenant during the term of the moratorium, the landlord must provide the tenant with a written notice of the moratorium, using a form prepared by the County Director of Housing. Upon receiving the form, the tenant will have fourteen (14) days to provide written notice and supporting documentation of the tenant’s inability to pay rent due to COVID-19.
Residential and commercial tenants are eligible for the moratorium if they are unable to pay rent due to the COVID-19 pandemic or the federal, state, or local government response to the pandemic. Tenants can demonstrate inability to pay by showing (1) increased out-of-pocket medical costs related to COVID-19, (2) loss of household or net business income as a result of being sick with or caring for a family member sick with COVID-19, (3) loss of income due to layoffs, reduced work hours, decreased business, reduced consumer demand, or other income reduction due to government response to COVID-19, or (4) inability to work because of the need to care for minor children affected by school closures.
To be eligible for the moratorium, commercial tenants must also demonstrate that they (1) operated a business that earned not more than $2.5 million in gross receipts for the 2019 calendar year and (2) operate that business in the unincorporated area of San Mateo County.
A commercial tenant that did not operate for the entire 2019 calendar year is eligible for the moratorium if they earned no more in gross receipts than a prorated amount of $2.5 million based on the amount of time that the commercial tenant had been operating before the Board of Supervisors adopted the eviction moratorium on April 7, 2020. For example, a commercial tenant that began operating in January 2020 and operated for three months prior to the adoption of the eviction moratorium would qualify if the business’s gross receipts did not exceed $625,000 for those three months of operation ($625,000 = $2.5 million prorated to 3 months).
The eviction moratorium does not relieve eligible tenants of their liability for the unpaid rent. Upon expiration of the ordinance, an eligible tenant must pay all past-due rent within 90 days. Tenants may extend the payment date for an additional 30 days, and every 30 days thereafter, by providing their landlord with written notice and additional documentation of continued inability to pay. However, under no circumstances are landlords required to extend the payment deadline beyond 180 days after the moratorium expires.
Application Deadlines (If Applicable)
N/A
Contact for More Information
List of Additional Information
© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.