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The COVID-19 Pandemic has made it strikingly clear how vulnerable low income and working-class tenants are in a housing system that prioritizes profits. This website is dedicated to sharing information for San Jose tenants and organizing efforts for community defense and health.

We join state and national housing justice calls for: 

  1. An Immediate Moratorium on Rent Increases, ALL Evictions, Foreclosures and Sheriff Lockouts;

  2. Rent and Mortgage Cancellation; 

  3. A Moratorium on Encampments Sweeps, Closure and Vehicle Tows;

  4. Homes For All

 

AB 3088

COVID-19 Tenant Relief Act of 2020

• As of August 31st 2020 This new state legislation supersedes all other county or city protections.

• Under this legislation rent is still owed and lease agreements still stand. Sign up to see how you can help in the effort to cancel rent. 



 

NOTICE TO PAY OR QUIT

If you have received a “Notice to pay or quit'' because of missed rent, try your best to stay calm and take it step by step. Evictions are a legal process that takes time. Under AB 3088, notices to pay or quit must now be 15 days, where they used to be 3 days. If a landlord sends a notice to pay or quit you must follow these steps to obtain the protections listed above:

First, DO NOT SELF EVICT. Landlords are required to attach a “Declaration of COVID-19-related economic impacts”. You must respond using the attached declaration within 15 business days. This confirms your economic impacts from COVID, such as lost income or increased costs.

• Send it immediately and keep a copy of the notice and the declaration. Keep careful records of all rent payments, receipts/notices, and any communication with your landlord.

GENERAL INFORMATION

• DO NOT SELF-EVICT

 

• AB 3088 COVID-19 Tenant Relief Act of 2020 states No evictions for failure to pay rent until October 5th for all tenants.

 

• Tenants who have COVID-19 related economic impacts have protections from eviction for failure to pay rent from March 1, 2020, through January 31, 2021, as long as you complete the given declaration of Covid-19 related economic impact. Any unpaid rent from March 2020 - August 2020 will be turned into civil debt and tenants cannot be evicted for this debt

• Tenants will have until February 28, 2021 to pay 50% of the civil debt and until August 31, 2021 to pay 100%.

• For rent due between September 1, 2020 and January 31, 2021, a renter who completes a declaration that they have COVID-related economic impacts, AND pays 25% of the rent due for each month of that time period by January 31, 2021, can never be evicted because they did
not pay the rest of that rent. — Even if a renter cannot pay this 25%, they are protected from eviction until February 1, 2021 based on rent due from September 1, 2020 to January 31, 2021 if they have completed the declaration that they have lost income because of COVID.

• Under AB3088 Landlords face increased penalties if they illegally lock out tenants, shut off utilities like hot water, or engage in other extreme harassing behavior.

LEASE TERMINATION

A lease termination is not an eviction. A lease termination comes in the form of a 30 or 60 day notice.

• If you have received a lease termination in San Jose and have been a resident for over 1 year, your notice must be at least 60 days. San Jose’s Tenant Protection Ordinance applies to most rental properties applying to most buildings built more than 15 years ago, including single family homes if they are owned by a corporation and prohibits “no-cause” notices of any kind. In San Jose a lease termination must have a “just cause”. Landlords must submit all notices of termination to the city’s rent stabilization program.

• San Jose’s Tenant Protection Ordinance https://www.sanjoseca.gov/home/showdocument?id=45535  site lists what is an appropriate "just cause" and most require a written warning first. In some situations, if the Landlord wants you to leave they may have to compensate you for moving costs.

 

• Those not in San Jose the statewide Tenants Protection Act https://sfrb.org/article/summary-ab-1482-california-tenant-protection-act-2019 AB 1482’s protections apply to most buildings built more than 15 years ago, including single-family homes, if they are owned by a corporation. If you have lived in the unit for more than a year (even though they are currently on a month-to-month lease), the Just Cause protection of AB 1482 would prohibit no-cause notices.

REPAYMENT PLANS / TIMELINE UNDER AB 3088

If you have been presented with a repayment contract from your landlord, you are not required to sign because the AB3088  has an allotted time to repay. If you previously signed a repayment plan, under AB 3088 that repayment plan is now void. 

• From September 1st - Jan, 31st 2021 tenants who have completed a COVID declaration must pay at least 25% of their rent to not be evicted. This can be paid per month or in one lump sum on February 1st. Tenants will still be responsible for the remaining 75% of unpaid rent as it will be turned into civil debt.

• Tenants now have until February 28, 2021, to repay at least 50% of the past-due rent, and until August 31 2021 to repay the past-due rent in full.

• Unpaid rent will be turned into civil debt and tenants cannot be evicted for this debt. 

The landlord can still seek to recover any of this unpaid rent in small claims court after March 1, 2021.

Tenants should keep careful records of all rent payments, receipts/notices, and any communication with their landlord.

CANCEL RENT

Nationally there have been different bills and initiatives regarding Rent Cancellation. This is what we mean when we say "Cancel Rent"

 • All tenants would not have to pay rent during the crisis & recovery period as well as no owed rent debt at the end

• All required paperwork would be the landlord's responsibility, tenants shouldn’t have to prove or show anything

• For folks who have partially paid, they would have the remainder forgiven

• All repayment plans would immediately  be canceled and void

RENT FREEZE

• Eliminates rent increases and locks in mortgages at current rates. THEY CANT RAISE THE RENT
 

• In San Jose: there is a rent freeze for apartments under rent control and mobile homes
 

RENT STRIKE

• A rent strike is a tactic used to get a demand met by withholding rent.
 

• In this crisis, many are already on "strike", because they have no other option but to not pay rent. In saying they are striking they are demanding their situation be addressed.
 

• Although there are current protections under the moratorium, the obligation to pay after it is lifted is not realistic for those without work, through no fault of their own. Declaring a rent strike after the moratorium alongside thousands of others will be a more powerful force to propel rent cancellation.
 

 

JOIN THE COMMUNITY DEFENSE
 

Sign up if you need support, are interested in organizing with neighbors, or to be on

call for emergency eviction response.


 

 

PARTICIPATORY DEFENSE HOUSING

• Every Wednesday at 5:30pm we hold our Participatory Defense Housing zoom call - in the model of our criminal justice work - if you need support on how to exercise your rights, write a letter to your landlord, need help navigating a housing situation join the meeting by registering below!

SOUTH BAY MUTUAL AID

• We don't offer any monetary support, but community members in the south bay have created and are facilitating an ongoing effort to give support in a multitude of different ways. If you need support reach out and if you can also give a kind if support offer to help.