19 May Glendale City Council Extends Local Emergency Period, Temporary Eviction Moratorium, Rent Increase Freeze and Establishes a Deferred Rent Repayment Schedule
From our friends at AAGLA
On Tuesday, May 12th, the Glendale City Council adopted several resolutions related to their local emergency, temporary rent increase freeze, and temporary eviction moratoriums. Due to AAGLA’s advocacy efforts, numerous Association recommendations were considered and adopted by the Council.
Prior to the meeting, we submitted a letter to the City Council urging the Council to take a measured and incremental approach, of no more than thirty (30) days relative to the extension of the local emergency, rent increase freeze, and eviction moratorium. We also advocated for the City Council to consider establishing a pro-rated repayment schedule for the repayment of deferred rent and requiring that if a renter terminates the tenancy at any point within the repayment period, the total amount of deferred rent should be immediately due.
The City Council deliberations reflected that the Council was seeking to establish a balanced approach, recognizing the adverse impacts of the COVID-19 pandemic on housing providers and renters. As a result, while the Council extended the local emergency period for an unspecified end date, they limited the extension of the rent increase freeze and the Residential Renter Eviction Moratorium until June 30, 2020. The Commercial Renter Eviction Moratorium was extended until June 3, 2020, to allow for additional Council discussion. Moreover, the Council amended the Residential Eviction Moratorium’s 12-month deferred unpaid rent repayment provisions, instituting a repayment schedule which requires that renters pay at least 25% of the deferred amount of rent due at the end of each quarter, unless the parties mutually agree to different repayment terms. Moreover, if the renter terminates the tenancy during the repayment period, the total amount of deferred rent is immediately due.
Outlined below is a brief summary of the Residential Renter Eviction Moratorium and Rent Increase Freeze and related City Council action. For full details, please refer to the resolutions linked below. Please consult with an attorney if you have questions on the applicability of the resolutions to your property or specific tenancies.
Residential Renter Eviction Moratorium
The Residential Renter Eviction Moratorium, in effect since March 18, 2020, has been extended until June 30, 2020. The moratorium prohibits evictions based on non-payment of rent due to circumstances related to the COVID-19 pandemic.
Renter Notice Requirement
Residential renters must provide written notice that the renter needs to delay all or some payment of rent because of an inability to pay the full amount due to reasons related to the COVID-19 pandemic, before the rent is due or within a reasonable period of time afterwards not to exceed seven (7) days.
Renters are also required to retain verifiable documentation to support their inability to pay and must provide such supporting documentation to the owner no later than the time upon payment of the back-due rent.
Renters have twelve (12) months following the expiration of the moratorium to repay deferred unpaid rent. Owners and renters are required to establish a prorated repayment schedule of at least 25% of the deferred amount of rent due at the end of each quarter or agree to a different repayment schedule. Further, if the renter terminates the tenancy during the repayment period, the total amount of the deferred rent shall be due immediately.
Owners are prohibited from engaging in any harassing behavior in an attempt to collect deferred rent when payment of rent is delayed during the moratorium period.
Any violation of the moratorium may be subject to penalties of fines not to exceed $1,000 or imprisonment not to exceed six (6) months. Violations may also be enforced by the provisions of the Glendale Municipal Code and fines of $400 for the first citation, $1000 for the second citation, and $2,000 for the third citation.
Rent Increase Freeze
The rent increase freeze has been extended from May 15, 2020 to June 30, 2020. All rents for residential renters will remain the same as the rate in effect on March 24, 2020, regardless of when the rent increase notice was served. At the expiration of the order, if an owner wishes to increase rent, the owner must issue a new rent increase notice, clearly stating the new beginning date of the increased rent and the value of the increase.
The rent increase freeze applies to all residential rentals in the City of Glendale, except apartments built after February 1, 1995, individual condominium units, and singles family dwellings. It also applies to accessory dwelling units and hotel rooms being rented as extended stays.