SB 715

Under current law, if a tenant is late in paying rent, the landlord may give the

tenant a notice that requires the tenant to pay rent or vacate within at least five days

after the notice is given or, under certain circumstances, a notice requiring the tenant

to vacate within at least 14 days after the notice is given without the option to cure

by paying rent. If the tenant fails to pay the rent by that date, the tenancy is

terminated. Under current law, a landlord may bring a small claims eviction action

against a tenant whose tenancy has been terminated for failure to pay rent.

Under the bill, during a public health emergency, if a residential tenant fails

to pay rent when due, the tenant's tenancy is terminated only if the landlord gives

the tenant a notice that requires the tenant to pay rent or vacate within at least 30

days after the notice is given; the tenant fails to pay the rent; and the landlord applies

for and is denied emergency rental assistance under a federal assistance program,

if such a program exists, or is ineligible for such emergency rental assistance. The

bill defines “public health emergency” as a state or federal public health emergency

declared in response to an infectious disease outbreak. Under the bill, a 30-day

notice must include certain information, including contact information for the

emergency rental assistance provider serving the county where the tenant resides;

a statement as to whether the landlord is qualified to receive emergency rental

assistance under a federal assistance program, and, if eligible, that the landlord is

required to apply for such funds; a statement that, if the landlord is ineligible for such

funds, the tenant may be able to apply for emergency rental assistance; and a

statement that the landlord may not pursue an action for eviction against the tenant

for failure to pay rent if the tenant or the landlord applies for and is approved to

receive emergency rental assistance, and may not pursue an action for eviction

unless the landlord and tenant participate in mediation and are unable to reach a

settlement or the landlord shows that the tenant has refused to participate in

mediation.

The bill also provides that, during a public health emergency, a court must stay

the proceedings in a residential eviction action until the landlord files proof with the

court that he or she has applied for and been denied emergency rental assistance

under a federal assistance program, if such a program exists, or, if the landlord is

ineligible for such emergency rental assistance, that the tenant has either failed to

apply or has applied for and been denied such emergency rental assistance; and until

the landlord and tenant notify the court that they have participated in mediation and

are unable to reach a settlement or the landlord notifies the court that the tenant has

refused to participate in mediation. In addition, a court must stay residential

eviction proceedings if either the tenant or the landlord has been approved to receive

emergency rental assistance.

Finally, the bill prohibits a landlord that receives emergency rental assistance

under a federal assistance program from raising the tenant's rent for 12 months,