What AB 3088 Means for Santa Clara County Tenants

On August 31, 2020, the state legislature passed AB 3088, an emergency stop-gap measure to protect tenants who have been impacted by COVID-19 from eviction. While AB 3088 offers some important immediate protection for renters who cannot pay rent due to COVID-19, we urge Governor Newsom and the state legislature to implement a long-term solution for tenants and landlords to the economic disaster created by COVID-19. 

Here is what AB 3088 means for tenants in Santa Clara County:

Landlords cannot evict a tenant for not paying their rent until October 5, 2020.

For tenants impacted by COVID-19 (such as loss of job or income):

• You cannot be evicted for rent that was unpaid between March 2020 to August 2020. However, any rent unpaid from March 2020 – August 2020 is converted into civil debt.

• In Santa Clara County, tenants would have until February 28, 2021 to repay 50% of this debt, and until August 31, 2021 to repay all of it.

• If a tenant does not make these payments in time, they could face a small claims or civil lawsuit for the unpaid debt, but still cannot be evicted for it.

Tenants must pay 25% of rent due from September 1, 2020 to January 31, 2021.

• Tenants who pay the 25% rent cannot be evicted for not paying the remaining rent.  A landlord could still pursue a small claims or civil lawsuit for the unpaid debt, but still cannot be evicted for it.

• If they do so, the remaining 75% will become civil debt that the tenant can never be evicted for. The 25% of rent due from this period is due January 31, and tenants could be evicted on February 1, 2021 for failing to pay it.

• Tenants must prove that they have been impacted by COVID-19 by returning a self-declaration signed under penalty of perjury to the landlord after receiving a notice to quit for nonpayment of rent. Tenants making more than 130% of the area median income may need to supply additional documentation. 

Tenants have 15 days (instead of 3 days) to respond to notices for non-payment of rent. 

• Landlords must include a form with eviction notices for nonpayment of rent the tenant can return to self-certify that they have been impacted by COVID-19

• The definition of COVID-19 impact includes:

  • loss of income,

  • increased out-of-pocket expenses from COVID-19 health impacts, OR

  • from performing essential work during pandemic, childcare or care for an elderly or disabled family member, and

  • other COVID-19-related circumstances that reduced a tenant’s income or increased their expenses.

Tenants in Santa Clara County are still protected against evictions that are not that tenant’s fault.

• In Santa Clara County, COVID-19-impacted tenants are protected against evictions that are not the tenant’s fault, which include evictions for reasons like remodeling, the owner wanting to move in, or taking the unit off the rental market. This protection will last until September 30 and may be extended up to November 30 if Governor Newsom extends his executive order on evictions. AB 3088 does not include these protections.

Commercial tenants’ RIGHTS

• Commercial tenants who rent business in Santa Clara County who have been impacted by COVID-19 are still protected against evictions for nonpayment of rent and any no-fault cause under the County’s commercial eviction moratorium. Currently, this protection will last until September 30.

In the midst of an unprecedented pandemic, no tenant should have to live in fear of losing their home to circumstances completely outside of their control. We all need to play our part to prevent the spread of COVID-19 and it is critical that Governor Newsom and the state legislature do their part by enacting broadly-accessible, meaningful protections for tenants and small landlords that will ensure our communities remain healthy, intact, and ready to return to work when health conditions allow.

If you are a low-income tenant in Santa Clara County, call the Law Foundation of Silicon Valley’s Housing Program at 408-280-2424 or fill out our online intake form if you receive an eviction notice, or have questions about your rights.

Our Commitment to Immigrant Children & Families

After five years, the Law Foundation is no longer serving as co-counsel for the Flores Settlement Agreement, though our commitment to preserving child safety and family integrity remains. 

We believe that every child deserves a champion, regardless of where they were born. Aligned with that belief is our value that families belong together.

The longstanding Flores settlement compels the government to promptly release detained children from federal immigration custody. The COVID-19 pandemic has amplified the need to release children quickly and effectively to reduce their risk of contracting coronavirus in often-crowded facilities.

However, releasing children should not be at the expense of keeping families together. The public health crisis has created catastrophic circumstances that jeopardize thousands of families. Parents must make the impossible decision to either release their children to a sponsor (and likely never see their child again) or keep their child in the detention facility. To date, all attempts to resolve the issue through the courts have been unsuccessful. Similarly, neither Congress nor the White House appears inclined to fix the problem.  

The clear solution is to release children and their parents — keeping families together as a unit. The Law Foundation calls on Congress and the Administration to act immediately to preserve the physical well-being and mental health of these children and families.

We Celebrate, Remember, and Get Into "Good Trouble"

Dear Friends,

The past several weeks have offered a number of moments for remembrance and celebration.  

Last month we celebrated the 30th anniversary of the Americans with Disability Act (ADA), a landmark civil rights law that prohibits discrimination against people with disabilities in jobs, schools, transportation, and public spaces. This law ensures that people with disabilities have the same rights and opportunities as everyone else. #ThankstotheADA, Law Foundation attorneys and staff can help people with physical, mental health, and developmental disabilities advocate for inclusion in all aspects of life.

We remembered the towering civil rights hero, John Lewis - also known as the conscience of the Congress. His enduring fight against racial justice inspires us today. We will continue his fight, and honor his legacy of tenacious advocacy and penchant for "good trouble." As former President Obama said: 

"Generations from now, when parents teach their children what is meant by courage, the story of John Lewis will come to mind - an American who knew that change could not wait for some other person or some other time; whose life is a lesson in the fierce urgency of now." 

This month, we celebrate inclusion of the LGBTQ community with #SVPride. Pride is all about honoring the long fight for equality by the LGBTQ community and its allies, and remembering those we've lost along the way. The Law Foundation is proud to support and serve the LGBTQ community.

As we commemorate these and other important civil rights victories and the unwavering leaders who paved the way for us, we must also acknowledge that there is work yet to be done. We will not stop until everyone in Silicon Valley has a stable home, high-quality health care, first-rate education, and can live free from abuse and discrimination. Thank you for joining us in this important work.

 In community,

Alison Brunner, Esq.
CEO

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News

The Eviction Time-Bomb

For 45 years, Sharon has made San Jose her home. She raised her family in our community and until recently, held two jobs just to be able to stay here. When the pandemic struck Sharon lost each of these jobs and has struggled to afford her rent. In June, her landlord issued a 3-day eviction notice despite the fact that Sharon lost her income due to the coronavirus pandemic and was subject to a statewide protection for renters hurt financially by the pandemic. 

That protection, set by the Judicial Council, will end September 1, which will allow landlords to start filing eviction actions. Sharon and tens of thousands of renters are at risk of displacement and homelessness when eviction moratoriums and government protections end. This is what we call the Eviction Time-Bomb. Communities of color, women-headed households, and families with children will be disproportionately impacted. 

We are taking action, and we need your help: 

1. Write to the State Senate supporting Assembly Bill 1436, which would prevent the eviction of renters unable to pay rent during the COVID-19 emergency period, keeping them housed while still allowing landlords to collect rent owed and obtain mortgage forebearance. The bill passed in the Senate Judiciary Committee and it's expected to be heard by the full Senate next week. Find and contact your representatives.

2. We need the Santa Clara County Board of Supervisors to extend its eviction moratorium throughout the emergency, and permanently prohibit landlords from evicting tenants who are unable to repay back rent due to loss of income from COVID-19. Can you join us in urging the Board of Supervisors to stop the eviction time bomb?

3. Post and tweet at the Governor and urge him to #StopCOVIDEvictions - pass #AB1436 @GavinNewsom. 

4. Donate to the Law Foundation to support our response to the eviction surge. The Law Foundation estimates less than 4% of tenants have an attorney to represent them in eviction court. This unequal balance of power in favor of landlords means most tenants facing eviction don't have a fighting chance of staying housed, regardless of the facts of their case. 

5. Volunteer. Partner with us to address this crisis. Send an email to probono.info@lawfoundation.org to request more information on current and upcoming volunteer opportunities. 

Join us in ensuring that every one of our neighbors has the ability to stay safe at home during the pandemic.

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Advocacy

Oppose HUD's Cruel Anti-Transgender Rule

The pandemic has exacerbated the need for people and families to have access to safe, stable housing. Yet the Department (HUD) of Housing and Urban Development has proposed a rule that would allow homeless shelters to discriminate againsttransgender people. The rule "Making Admission or Placement Determinations Based on Sex in Facilities Under Community Planning and Development Housing Program" would strip away current protections, that prohibit federally-funded homeless shelters from discriminating against transgender people.

The current rule requires HUD-funded facilities to provide equal access to transgender people and helps ensure safe access to shelter for transgender people who are experiencing homeless, survivors of violence, and those fleeing disasters. Federal agencies should be scaling up housing and homelessness services. Instead, they are making it harder for some communities to access housing. No one should be denied access to a homeless shelter because of who they are. You can help by submitting a comment opposing HUD's Anti-Transgender Rule today.

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In Case You Missed It

Photo by Katie Lauer

Basic Income Program for Foster Youth

In July, Santa Clara County launched a basic income program for foster youth who are transitioning out of the foster care system and into independent living. Many youth aging out of the foster care system struggle to establish themselves due to the high cost of living in Silicon Valley and a lack of support systems. This program is the first in the country, and the yearlong pilot will provide former foster youth, ages 21 to 24, with $1,000 monthly payments. The Law Foundation is proud to have consulted on the design of the project, advocated for it before the Board of Supervisors, and informed eligible youth of the program. Read more.

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Photo Credit - SV De-Bug

Hunger Strike for Justice in Jails

Estimates show up to 50% of people in Santa Clara County jails-many of whom the Law Foundation represents- have a mental health disability, and many of those have co-occurring physical disabilities. During the pandemic, even more people are experiencing anxiety, depression, and exacerbated symptoms. Recently, people who are incarcerated launched a hunger strike to protest inadequate COVID-19 safety precautions and other poor conditions and to stand in solidarity against police brutality. The Law Foundation supports the hunger strikers' efforts to draw attention to their needs and to call for racial justice in the county and country. #SCCJailStrike Read more.

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Law Foundation Attorney Weighs In on Upcoming Eviction Surge

After a long hiatus, the Santa Clara County eviction courtroom reopened on August 5. Our attorneys are on the front lines of the upcoming mass eviction cisis. While current state law bars new eviction cases from being filed during the moratorium, there is nothing stopping the court from hearing old cases or landlords from filing new ones in the meantime, Caryn Hreha, LF attorney told the San Jose Spotlight. Read more.

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Supporting Affordable Housing in San Jose

The long- awaited Commercial Linkage Fee (CLF) Feasibility study for San Jose was released on July 31, and the study shows that most commercial developers in San Jose can pay robust fees to offset the impact that newly created jobs will have on the demand for new affordable homes. Commercial linkage fees are one-time charges typically applied on a per square foot basis at the time of initial development of new buildings. San Jose is the only major city in the county without a fee, and has fallen behind in its efforts to respond to the increased affordable housing demand created by the City's recent development and jobs growth. The Law Foundation has supported the efforts to pass a CLF for years and will continue to advocate for increased affordable housing. Click here to support this critical initiative. 

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Thank You 2020 Partners!