March 22, 2022
Item: 8.2
Jacky Morales-Ferrand
Director
Housing Department
Ragan Henninger
Deputy Director
Housing Department
Christopher Alexander
Deputy City Attorney
Update on COVID-19 Recovery
Act and Tenant Protections
Emily Hislop
Housing, Planning & Policy
Housing Department
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL COVID-19 Eviction Protections End March 31
22 Statewide COVID-19 Eviction Protections end 3/31/2022 AB 832 enacted June 2021 extended temporary protections established in SB 91, AB 3088
• State Eviction Moratorium extended through September 30, 2021 • Limited procedural protections put in place for October 1, 2021 – March 31, 2022 for nonpayment evictions
• San Jose preempted from enacting new legislation for COVID-19 Rent Debt
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL COVID-19 Rental Debt Periods
33 BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL Eviction Protections Ending March 31
44 After April 1, 2022
No noticing requirements re: rent relief
Tenants must pay April rent and forward
Landlords may file eviction lawsuit without applying for rental assistance
Tenants with pending applications for rent between October 1, 2021 and March 31, 2022 are vulnerable
Only approved applications will prevent sheriff lock-out
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL Funding of State Rental Assistance Program
55 Initial allocations of ERA 1* and ERA 2
Federal Re-allocation of ERA 1 in progress, additional $196M allocated to California so far
SB 115 ensures ongoing payment of rent relief awards and deficits in rent relief program using State General Funds Allocated to: ERA1 State
Reservation
ERA2 State
Reservation
ERA2 Direct and
High-needs
Total
City of San José $33,100,000 $24,590,000 $36,277,888 $93,967,888 County of Santa Clara $29,360,000 $21,810,000 $30,062,002 $81,232,002 Total* $62,460,000 $46,400,000 $66,339,890 $175,199,891
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL Recovery Challenges
66 Local pre-emption until April 1, 2022
Legislating COVID-19 rental debt pre-empted
State has paid out only $69M of the > $200M requested
State processing time currently 200-250 applications a week ~7,000 rent relief applications that include rent accrued after October 1, 2021 are pending or in review
April 1, to prevent the final stage of eviction (lock-out after court process and judgment) application must be approved BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL 7 Eviction Diversion and Settlement Program
What is it?
Collaboration with County, Court and partners to use
remaining ERA 1 local funds to intervene in pending
unlawful detainer (eviction) actions that include non-
payment of rent accruing after October 1, 2021 where a
rent relief application is pending.
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL 8 Eviction Diversion and Settlement Program
What will it do?
For eligible participants, City/County will fund the
pending rent relief application with payment to
Landlord, provided:
Landlord agrees to dismiss the action
Tenant pays current rent after April 1, 2022*
*If tenant is unable to resume paying rent, tenant will agree to leave by a date certain. Homelessness Prevention System will assist tenant BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL 9 Eviction Diversion and Settlement Program
How will it work?
Day-of Court: Staff, mediators and judge identify evictions involving pending rent relief application
Staff work with parties to download applications
City and County staff review applications to confirm
eligibility for rent relief
Landlord and Tenant sign agreement to dismiss eviction
and withdraw rent applications
After review of application, County processes payment
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL City: Landlord/Attorney
Partnership
Work with landlords and
attorneys
Identify tenants who need
assistance completing
application
Notices (3-day or unlawful
details) uploaded
State priority payment
County: State Partnership
Partnership with State
Identify households with
incomplete applications
County contact households
Goal = completed
applications
Additional Interventions
103/21/2022
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL 11 Legal Assistance & Support
EHC’s Onsite & Virtual Legal Services Access
• Law Foundation of Silicon Valley & Bay Area
Legal Aid
Law Clinic with Santa Clara University
• Law students perform light touch legal tasks,
weekly clinic
Eviction Diversion Initiative with Superior
Court
• Court applied for national grant to fund
collaborative eviction diversion program
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL 12 Eviction Prevention Help Centers pivot to provide
more legal education and referrals
Targeted outreach similar to rental assistance pop-
ups
Partner and train grassroots partners to assist
Efficiencies: Housing staff and grassroots partners
can provide general legal information, local non-
profit entities perform limited or full representation
Eviction Prevention Help Center
Education & Outreach
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL 133/21/2022
San José Housing Department
1424+ Applications
179+ Legal Referrals
7500+ Calls/Emails
BUILDING GREAT PLACES INVESTING IN PEOPLE PROVIDING HOUSING FOR ALL 14 Enormous Gratitude for EHC Staff
Lucy Aguaristi
Victor Apolinar
Evelyn Arreola
Micheal Baca
Myranda Burciaga
Gabriela Calderon
Bracamontes
Jeremy Chavez
Jose Chavez Hernandez
Jocelyn Geronimo
Maria Hernández
Pearl Ibeanusi
Berny Lazareno
Han Le
Clarissa Lorete
Jing Lu
Jesus Mendez
Tu Nguyen
Claudia Patino
Sandra Philpott
Theresa Ramos
Precious Renteria
Janette Solorzano
Joyce Tam
Neviah Tran
Ke Wei
March 22, 2022
Item: 8.2
Jacky Morales-Ferrand
Director
Housing Department
Ragan Henninger
Deputy Director
Housing Department
Christopher Alexander
Deputy City Attorney
Update on COVID-19 Recovery
Act and Tenant Protections
Emily Hislop
Housing, Planning & Policy
Housing Department