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Ex. MET-SAN-037 Order Primary source read

Ordinance O-21293 (New Series) (final passage Feb. 12, 2021) enacting a temporary moratorium on residential evictions

An Ordinance of the Council of the City of San Diego Enacting a Temporary Moratorium on Evictions Due to Nonpayment of Rent for Residential Tenants Arising Out of a Substantial Decrease in [Income] or Substantial Out-of-Pocket Medical Expenses Resulting from the Novel Coronavirus, COVID-19, or Governmental Response to COVID-19

Council of the City of San Diego · City of San Diego, California (City)

The COVID Project

The record

Jurisdiction
City of San Diego, California · San Diego · California
Level
City
Authority
San Diego City Charter § 11; police power; Cal. Code Civ. Proc. §§ 1179.01-1179.07 (COVID-19 Tenant Relief Act) as the preempting State law
Issued
2021-02-12 Feb. 12, 2021
Effective
Sections 1 and 2: on the later of Mar. 14, 2021 or the expiration of State law preempting local eviction measures (which occurred Sept. 30, 2021 under AB 832), i.e., operative Oct. 1, 2021; Section 3 (Mayor's rent-relief authority): Mar. 14, 2021 (read as 2021-03-14)
End
60 days after the end of the local state of emergency as declared by the Mayor
In force
Mar. 14, 2021 (no end date recorded; counted as in force for 120 days)
Limitation types
Other
Addressees
  • all residential landlords in the City
  • residential tenants with COVID-19 financial impacts
Functions reached
  • PM residential property management
Collection
San Diego MET-SAN

Operative words

Section 1.... (a) Except for eviction actions authorized by the COVID-19 Tenant Relief Act of 2020... no landlord shall evict, or endeavor to evict, a tenant for not timely paying rent that initially became due during the time period beginning on the effective date of this Ordinance and ending 60 days after the end of the local state of emergency as declared by the Mayor... Section 2. That, except for the provisions of Section 3, this Ordinance shall be effective on the later of the thirtieth day from and after its final passage or the date any state law applicable to the City that prohibits adoption of local measures to protect tenants from eviction expires, as may be amended, and shall remain in effect for 60 days after the end of the local state of emergency as declared by the Mayor.

Enforcement

Affirmative defense in unlawful detainer; City enforcement

Notes

Recorded for completeness of the City's eviction chronology; Scanned; read by OCR. Signed by Mayor Todd Gloria.

Retrieval note

O-21291 and O-21292 (Jan. 26, 2021) were the first-reading versions of the residential and commercial moratoria; identified on their first pages and not saved. 3 (Mayor's rent-relief authority) effective Mar. 14, 2021; the moratorium (secs. 1-2) became operative Oct. 1, 2021 (post-period)).