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Stanislaus County to impose moratorium on evictions during coronavirus outbreak

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Stanislaus County leaders on Tuesday approved a temporary moratorium on residential and commercial evictions because of the coronavirus pandemic.

The Board of Supervisors approved the resolution on a 4-1 vote taken in a meeting chamber closed to the public by the public health emergency. Supervisor Jim DeMartini was opposed saying it’s an overstep by local government.

Supervisor Tom Berryhill, who returned to the board in February after a serious bout with pneumonia, was dialed in to attend the meeting. Board meetings are broadcast live, and accommodations were made for people to comment on agenda items through a telephone line.

The county resolution suspends eviction procedures through May 31 for renters who were laid off or had work hours substantially reduced by stay-home orders or other efforts to prevent the spread of COVID-19 illness. The local moratorium will apply in the county unincorporated area and in cities.

Gov. Gavin Newsom’s executive order Friday, granting two-months’ relief to laid-off workers who may face eviction during the pandemic, could be extended beyond June 1. But the county’s ban on evictions will end May 31.

A housing advocate expressed concern that many renters will be expected to make back payments at the end of May. Top officials have said public health orders affecting nonessential businesses that employ many workers could remain in effect through May 31.

“If you live check to check, how do you go back to work and make those payments you missed for two months?” said Mark Galvan, a senior case manager for Project Sentinel. “They are going to struggle.”

Stanislaus County renters urged to find assistance

County officials urged renters distressed by the coronavirus emergency to use the time to get assistance from unemployment benefits and state and federal efforts intended to stabilize household incomes.

The county resolution will formalize an effective stay on evictions created by court closures and the sheriff’s decision not to serve eviction orders.

A landlord wanting to start the eviction process can’t file a case in court, Galvan pointed out. At the same time, tenants are not able to have their rights enforced by the court.

The county says its temporary moratorium will provide limited protection to renters because of other remedies available to landlords. So it’s important that renters know their rights, Galvan said.

As an example, a household receiving a three-day notice from a landlord should not move out and should call a housing advocate like Project Sentinel, he advised. Other tactics such as turning off the water to a home are not legal, the case manager said.

Nonprofit groups that assist tenants are complying with stay-home orders but are serving clients remotely, Galvan said.

County Supervisor Terry Withrow said the governor asked every county in the state to suspend eviction proceedings. “From my standpoint, we are doing this to put a pause on things until May 31,” Withrow said. “The last thing the sheriff should be doing in this crisis is evicting people from their houses.”

Withrow said the county is also aware that owners of rental housing and commercial centers owe property taxes on April 10. “We want this to be a short-term pause. It does not forgive any rent. It gives everyone a break and we hope the (federal) stimulus package will kick in and get some help for people also,” Withrow said.

Coronavirus impacts court proceedings, too

The county resolution will suspend certain eviction proceedings from March 4 through May 31 for residential renters who were laid off or had hours cut due to the governor’s order for non-essential businesses to close. It also will provide a defense for renters who lose income to other coronavirus-related events, such as school closures, which require some workers to stay home to care for children.

The temporary ban on evictions also applies to owners of restaurants, salons and other businesses that lost substantial income during the health emergency. The county staff report suggests that commercial property owners seek mortgage relief from financial institutions if necessary.

Galvan said he sees an amicable mood among property management companies to work with renters who are losing wages during the outbreak. “I have talked to a few property managers and they are not moving to evictions. They are trying to work out payment plans. They are trying to work with tenants,” Galvan said.

Renters should understand the rental payments they owe won’t be forgiven by the county or state eviction moratoriums, he said.

“They still owe the rent,” Galvan said. The moratoriums are just to keep them afloat during the crisis.

The Board of Supervisors meeting begins at 9 a.m. Tuesday. Board meetings are temporarily closed due to coronavirus. Those wishing to make verbal comments by telephone may call the clerk of the board at (209) 525-4494 for instructions. Comments on agenda items may be sent by email to cobsupport@stancounty.com.

The meeting is broadcast on cable Channel 7 in Modesto or find broadcast information at www.stancounty.com/board/broadcasting-schedule.shtm.

This story was originally published March 30, 2020 at 3:58 PM.

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Ken Carlson
The Modesto Bee
Ken Carlson covers county government and health care for The Modesto Bee. His coverage of public health, medicine, consumer health issues and the business of health care has appeared in The Bee for 15 years.
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