(From Press Release – City of Davis) – The City of Davis announced today that the Davis City Council voted unanimously to adopt an urgency ordinance that states that residential and commercial landlords cannot evict renters impacted by the COVID-19 pandemic during this period of local emergency.
For evictions, the ordinance states that the tenant must provide written notice to the landlord regarding inability to pay rent because of lost income and financial impacts due to COVID-19 no later than 10 days after the rent due date. The tenant must provide documentation of COVID-19 financial impacts within 30 days of the rent due date. Residential landlords may not initiate a no-fault eviction unless immediately necessary because of a hazardous condition (which would not include any condition related to COVID-19).
Other provisions of the ordinance are:
- The tenant shall pay the portion of the rent the tenant is able to pay.
- The tenant is not relieved of liability for unpaid rent, which the landlord may seek after the expiration of the local emergency.
- The tenant must pay back rent within six months of the expiration of the local emergency.
The Council also voted unanimously to approve a resolution authorizing the City Manager to waive new City utility bill late fees for all residential and commercial customers, thereby allowing late payments without penalty through May 2020. Customers need not apply and do not need to submit any special forms. The City will suspend water shut-offs for both commercial and residential accounts 
through May 2020. The City Manager is authorized to extend this date as may be necessary
The resolution also allows for the deferral of hotel transient occupancy tax (TOT) payments through May 2020. Local hotels can defer payments of their transient occupancy taxes (TOT) through May 2020 and develop a payment plan with the City.
The resolution also provides funding authorization for the City to join the Sacramento Metro Chamber’s Small Business Call Center and Rapid Response Program to provide seven-day-a week support services to our Davis businesses. The center provides resources and referrals to connect small businesses with assistance options. Participation in this program will augment the local assistance work with Davis Chamber of Commerce, Davis Downtown Business Association and Visit Yolo.
“The ordinance banning evictions during this emergency and the resolution temporarily deferring payments for City services during this time of unprecedented economic unrest were necessary to help create a safety net for the many people and businesses affected the by COVID-19 pandemic,” said Davis Mayor Brett Lee.
“Many people who have served us in Davis shops and restaurants are suddenly unemployed or underemployed and need our help,” said Dan Carson, Davis City Councilmember. “I’m glad we will be able to help our residents who are struggling to make ends meet because of the health emergency. We must all take a compassionate approach in this time of crisis.”
“During this unprecedented time, it is imperative for us to attempt to help those – both commercial and residential tenants – that will most need assistance, so that we don’t end up with additional vacant storefronts, empty houses, and apartments throughout Davis,” said Councilmember Lucas Frerichs.
Visit the Davis web page on Coronavirus matters to view the ordinance and resolution at:
https://www.cityofdavis.org/coronavirus
Since there is now a Statewide eviction moratorium as of today, will the Local or State level eviction moratorium language take precedence?
What will be interesting is what happens in the fall if this drags out. Leases ending, people without money to pay rent, students not returning and doing classes on line, no international students due to continued travel moratoriums.
Finally get that vacancy rate up a bit above zero.
The way it normally works is that the stronger language will take precedence. So if the state has stronger language, it will supercede the local, but the local’s stronger language would prevail if it’s stronger.