Carrying on in the time of COVID-19: Eviction Moratorium and more during “Shelter in Place”

Many of us are still in a state of shock over the events of the last few weeks, as the COVID-19 pandemic has resulted in Marin County, Bay Area and then state-wide shelter-in-place orders. As many of us fear for our own health and the health of those close to us, we are also already reeling from the social, emotional, and economic impacts of the crisis, and its unknown duration.

With thousands of job losses and more on the way, many property owners are struggling to pay their mortgages and renters to pay their rents. In addition, overcrowding due to high rents, and California’s large homeless population, have created a dangerous situation for transmission of this disease. You can read more about the likely impacts of Covid-19 on the housing crisis here>>  

Here is a brief recap of emergency policies enacted to address the impact of the COVID-19 health crisis on housing stability.
Property Owners: On Wednesday, March 18, the Department of Housing and Urban Development (HUD) issued a moratorium on foreclosures and evictions for federally-backed mortgages on single-family homes at least through April. On March 20, the federal government also agreed to allow payment deduction or deferral on mortgages backed by Freddie Mac or Fannie Mae for up to a year, for those who have lost income or employment due to COVID-19.  This covers the majority of homeowners in the US. Read more>>

In addition, some private mortgage servicers are offering mortgage deferrals and other assistance to those experiencing difficulty due to income loss from Covid-19. Find out which banks are offering assistance>>On March 23, the Federal Housing Agency announced that it will allow multifamily property owners to delay their mortgage payments for up to 90 days if they are willing to suspend all evictions for renters who cannot pay their rent due to COVID-19. More here>>

Public Housing Residents: HUD also encouraged public housing authorities to suspend evictions of public housing tenants. Some public housing authorities, including Los Angeles, have done so.

Renters: On March 16, Governor Gavin Newsom issued an executive order that allows cities to suspend evictions related to COVID-19.  According to Newsom, “Over the next few weeks, everyone will have to make sacrifices – but a place to live shouldn’t be one of them.” A number of cities around California have enacted eviction moratoriums, including Alameda, San Francisco, and Los Angeles.

On March 24, Marin and San Mateo counties pioneered a novel approach to the crisis. Both cited their county’s declaration of a public health emergency as authorization to pass resolutions placing a moratorium on evictions county-wide, covering both incorporated cities and towns and unincorporated areas. Marin’s resolution also covers small businesses.

In addition to enacting an eviction moratorium, Marin County and the Marin Community Foundation are working on creating a fund to provide rental assistance to those economically impacted by the pandemic. Marin’s Emergency Resolution here>>   (Photo: MEHC co-chair Sami Mericle advocating for eviction ban in near-empty Marin County Supervisors Chambers Mar. 24.)

Homeless: On March 19, Governor Gavin Newsom announced that the State would spend $150 million on efforts to prevent the COVID-19 virus from sweeping through the homeless population. Most of this fund would go directly to jurisdictions to boost shelter capacity and create more emergency housing. Homeless people are at high risk because they often have underlying health conditions, are older and live in situations where sanitation and social distancing is difficult. Find out more>>Pending State Legislation: In addition to local and regional measures, two anti-eviction billsare being proposed at the state level. SB 939 (Wiener & Gonzalez) would prohibit commercial evictions of small businesses and non-profits and AB 828 (Ting) would place a moratorium on evictions and foreclosures for people fiscally affected by COVID-19.

The connection is clear. COVID-19 has created a health crisis on top of a pre-existing housing crisis.  The Marin–and greater Bay Area–real estate market is already experiencing extreme pressure on both commercial and residential properties. Strong governmental, philanthropic, and community action is critical to help stabilize the housing sector and support those whose ability to pay their rent or mortgage has been reduced through no fault of their own.

MEHC commends the Marin County Board of Supervisors for taking quick action to ban evictions during this time. Depending on the duration of the health emergency, other bold and decisive action will be required. Marin Community Foundation and other philanthropic organizations are stepping up. Marin’s broad nonprofit community and network of volunteers and good Samaritans will help to make sure that rental, food, and health assistance is distributed. It is up to all of us to comply with health directives, stay safe in our families, essential workplaces, and neighborhoods, and lend a (virtual) hand to those who may be struggling.