Chapter 4.56
TEMPORARY MORATORIUM ON THE EVICTION OF COMMERCIAL TENANTS WHERE THE FAILURE TO PAY RENT IS DUE TO INCOME LOSS OR HEALTH CARE COSTS FROM THE NOVEL CORONAVIRUS (COVID-19)
Sections:
4.56.005 Duration.
This chapter shall remain in effect until the expiration of the Governor’s Executive Order N-28-20, including any extensions, or until this chapter is otherwise repealed or this section is otherwise amended by the city. [Ord. 9-2020 § 3].
4.56.010 Definitions.
A. “Covered reason for delayed payment” means a tenant’s loss of income due to the tenant’s closure of, operating restrictions placed upon, or other loss of the patronage of the tenant’s business directly resulting from:
1. The state-declared emergency, city-declared emergency, or Sacramento County Public Health Officer’s stay at home order dated March 19, 2020; or
2. Any other emergency declarations or orders related to the COVID-19 pandemic.
B. “Owner” means any person, acting as principal or through an agent, providing commercial real property for rent.
C. “Commercial real property” means any commercial property, structure, or unit that is intended or used for commercial purposes in the city of Rancho Cordova.
D. “Tenancy” means the lawful occupation of commercial real property, and includes a lease or sublease.
E. “Tenant” means a commercial tenant, subtenant, lessee, sublessee, or any other person entitled by written or oral rental agreement, or by sufferance, to use or occupancy of commercial real property. [Ord. 9-2020 § 3].
4.56.015 Moratorium.
A. No owner shall endeavor to evict a tenant from commercial real property, for nonpayment of rent if the tenant, in accordance with this chapter, demonstrates that the inability to pay rent is due to a covered reason for delayed payment.
B. To utilize the protections afforded under this chapter, a tenant must do all of the following:
1. Notify the owner in writing before the day rent is due that the tenant has a covered reason for delayed payment;
2. Provide the owner with verifiable documentation to support the assertion of a covered reason for delayed payment; and
3. Pay a portion of the rent that the tenant is able to pay.
C. If a tenant complies with the requirements of subsection (B) of this section, an owner shall not serve a notice pursuant to California Code of Civil Procedure Sections 1161 and 1162, file or prosecute an unlawful detainer action based on a three-day pay or quit notice, or otherwise endeavor to evict the tenant for nonpayment of rent.
D. A tenant who is afforded eviction protection under this chapter shall have up to 120 days after the expiration of the Governor’s Executive Order N-28-20, including any extensions, to pay owners all unpaid rent without any related late fees. During that 120-day period, the protections of this chapter shall apply for such tenants.
E. Nothing in this chapter relieves a tenant of liability for unpaid rent after expiration of this chapter, nor restrict an owner’s ability to recover rent due for other lawful reasons. [Ord. 9-2020 § 3].
4.56.020 Remedies.
In addition to any other remedy under state law, any person who violates a provision of this chapter is subject to the penalties set forth in RCMC 1.01.190(E) and (F). [Ord. 9-2020 § 3].