Summary of Temporary Moratorium on Evictions Due to COVID-19: A Moving Target

State of California:

The Executive Order discussed below (N-28-20) was superseded by N-37-20 which is summarized by the Western Center on Law and Poverty.

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On March 16, 2020, Governor Newsom issued an Executive Order encouraging cities and municipalities to use their police power to halt residential and commercial evictions during the COVID-19 crisis due to non-payment of rent or foreclosure through May 31, 2020 unless extended.

• Note that the non-payment of residential rent must be due to a substantial decrease in income related to layoffs or a reduction in work hours or a substantial increase in medical expenses.

• Non-payment of commercial rent must be due to a substantial reduction in consumer demand or business hours, or a substantial increase in medical expenses.

• The reason for the non-payment must be documented (e.g. for residential tenants a layoff order or pay-stubs showing the decease, or an unemployment claim may be sufficient evidence.)

Although a temporary suspension of evictions for non-payment of rent or foreclosure may be endorsed by your city, the residential or commercial tenant is still required to pay the rent due when the suspension is lifted (e.g. no longer in effect) if your city has enacted a moratorium on these types of evictions. So, you are "still on the hook" for rent but have temporary relief in making rent payments.

• Please also note that the Executive Order excludes no-fault evictions such as Ellis Act evictions and other evictions for fault such as breach of contract or nuisance.

Bay Area municipalities that have enacted eviction protection are summarized below but please note that this is not a comprehensive list; other municipalities may join the following cities in enacting eviction protection particularly with Governor Newsom's state-wide shelter-at-home order issued on March 19, 2020.

City of Alameda:

“On March 17, 2020, the Alameda City Council passed an emergency ordinance [sic], effective immediately and extending for 60 days, that provides all residential tenants a defense in an eviction proceeding for failure to pay rent (including the tenant's share of the contract rent for Section 8 tenants) when the tenant is not able to pay rent due to a substantial loss of income due to the COVID-19 pandemic. Substantial loss of income due to the COVID-19 pandemic includes: 1) a reduction of 20% or more of monthly gross pay; 2) extraordinary out-of-pocket medical expenses; or (3) extraordinary child care needs.

Landlords are also prohibited from shutting off utilities except in the case of an emergency such as an urgent repair to a water line.”

City of Berkeley:

On March 18, 2020, the City of Berkeley passed an ordinance (B.M.C. 13.110) to “create a multi-million dollar fund to address the growing economic fallout caused by COVID-19 and save Berkeley’s small businesses.In addition, the Council adopted emergency legislation to prevent the eviction of residential tenants and small businesses during this emergency.” 

City of Benica:

An order staying evictions due to non-payment of rent was enacted on March 23, 2020 and is effective through May 31, 2020. Click here.

County of Marin:

City of Hayward:

On March 24, 2020, Hayward enacted an ordinance to provide a 90-day moratorium on evictions due to non-payment of rent. This 90-day period can be extended. But, Hayward's ordinance is novel in that they require landlord to "meet and confer" with tenants before filing an unlawful detainer proceeding after the moratorium expires through city-offered mediation services.

• No eviction for any non-payment of rent owed during the moratorium and within 90 days after the moratorium expires.
• Landlords must meet and confer with tenant(s) prior to initiating any action to evict a tenant.

City of Oakland: 

See: https://oakland.legistar.com/LegislationDetail.aspx?ID=4406542&GUID=EAF35294-F356-4895-A87A-0C1B9CE4D0C3&Options=&Search=

See: https://www.oaklandca.gov/resources/emergency-moratorium-on-residential-rent-increases-and-evictions

Palo Alto:

Palo Alto joined a growing list of cities on March 24, 2020 to enact a temporary moratorium on evictions.

According to the Mercury News, "The urgency ordinance says tenants must provide a written notice to their landlord that they have lost income because of the pandemic and show supporting documents, though the tenant is still responsible for unpaid rent. The moratorium will last for 120 days after the city ends its local state of emergency, and no late fees, interest or penalty will be assessed for unpaid rent."

City of Richmond:

“The Director of Emergency Services issued an Order, effective March 17, 2020, which provides that during the period of local emergency declared in response to COVID-19, no landlord shall take action to evict a tenant for certain reasons, including nonpayment of rent due to the financial impact of COVID-19, and other no-fault evictions (Owner Move-In, Withdrawal from the Rental Market (Ellis Act), Substantial Repairs, Temporary Tenancy) unless necessary for the health and safety of tenants, neighbors, or the landlord.”

City of San Francisco:

“On March 13, 2020, Mayor London N. Breed announced a moratorium on residential evictions related to financial impacts caused by COVID-19. The moratorium will prevent any resident from being evicted due to a loss of income related to a business closure, loss of hours or wages, layoffs, or out-of-pocket medical costs caused by the COVID-19 pandemic. The Mayor issued this moratorium under the powers of the Local Emergency she declared on February 25th.

The eviction moratorium will be in effect for 30 days, and can be extended by the Mayor for another 30 days through an Executive Order. If the Local Emergency declared by the Mayor is rescinded at any point, the moratorium will cease to be in effect.”

City of San Jose:

On March 11, 2020, San Jose enacted a moratorium on evictions due to COVID-19.

"The moratorium is in effect through April 17, and the City Council may extend it.

The moratorium applies to all residential properties in San José, including single-family homes, rooms rented in single-family homes, duplexes, condominiums, income-restricted apartments (i.e., affordable housing), rent-stabilized apartments, market-rate apartments, and mobilehomes.

Please note the moratorium only applies to residential evictions for nonpayment of rent due to impacts of the COVID-19 outbreak. There is no moratorium on lawful evictions for other just causes." For more about this moratorium, click here.

If your landlord initiates an eviction for nonpayment of rent during the moratorium, you should notify your landlord that your income has been reduced substantially due to COVID-19. You should begin collecting documentation as soon as possible.

Here is a form to help you document your reduced income.

When the moratorium ends, your landlord may seek unpaid rent – i.e., past due rent that was not paid during the moratorium – from you.

While the moratorium is in effect, tenants living in single-family homes, rooms rented in single-family homes, duplexes, condominiums, income-restricted apartments (i.e., affordable housing) and mobilehomes will be provided with Just Cause eviction protections that are similar to protections provided to many renters under the Tenant Protection Ordinance."

City of San Mateo:

San Mateo adopted an emergency eviction moratorium on March 23, 2020 which is summarized below. The ordinance is available here.

• During the local emergency landlords are prohibited from evicting tenants who are unable to pay rent due to a financial hardship caused by COVID-19
• Tenants must notify their landlord and demonstrate a connection to COVID-19
• Protections would apply to commercial tenants whose small business has gross receipts of less than $25 million
• Tenants would be required to pay rents owed within 6 months after the emergency is lifted.

Union City:

Enacted on March 24, 2020, Union City's eviction moratorium due to the coronovirus pandemic provides temporary protection from eviction due to non-payment of rent for residential and commercial tenants and 90-days to pay back-rent owed.

Tenant's Together:

Tenant's Together is a state-wide organization advocating for tenant's rights. They have developed a list of cities that have adopted moratoriums on evictions due to COVID-19 which is also not a comprehensive list but which is a list is regularly updated.

They also provide a COVID-19 resource document which provides other resources to help people "weather the pandemic storm."

Nolo Press:

Also see a chart on eviction protection moratoriums related to COVID-19 issued by Nolo Press.

Department of Housing and Urban Development (Federal):

"U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson, in consultation with the Trump Administration and the Coronavirus Task Force, today authorized the Federal Housing Administration (FHA) to implement an immediate foreclosure and eviction moratorium for single family homeowners with FHA-insured mortgages for the next 60 days. These moratoriums are part of the continued effort by President Trump to address impacts to the financial well-being of America’s individuals, families, and businesses caused by Coronavirus (COVID-19)."


Also see the California Apartment Association’s perspective on evictions and COVID-19.