Simitian and Supervisors Move to Extend Moratorium on "COVID-19 Evictions"

FOR IMMEDIATE RELEASE                            

May 26, 2020


SAN JOSE – Today, the Santa Clara County Board of Supervisors voted unanimously (5-0) in support of County Supervisor Joe Simitian’s proposal to extend the temporary moratorium on residential and commercial evictions resulting from the Novel Coronavirus (COVID-19); the current moratorium is set to expire on May 31. The moratorium extension is set to run until August 31 (pending state action).

The extension is in part contingent on the extension of Governor Newsom’s Executive Order N-28-20, which suspends state law that would otherwise preempt or restrict local jurisdictions’ authority to suspend the evictions of tenants for the non-payment of rent. If the Governor does not extend Executive Order N-28-20 (which expires May 31), the Board will vote on extending portions of the moratorium that do not rely on his order - including residential evictions - at its June 2nd meeting.

The Board of Supervisors voted to extend the eviction moratorium through August 31st, 2020, or, if the Governor takes action, to the date set forth by the Governor’s action, whichever date is earlier. The ordinance allows the Board to shorten or extend the order based on the continued existence of a local emergency. Simitian said, “We’d like to be in sync with the Governor’s office if we can, but if the Governor’s office doesn’t take action on a timely basis, we’ll need to act unilaterally to do what we can.”

Given the current shelter in place order, it is unlikely that the circumstances of commercial and residential tenants who have lost income due to the current public health emergency will change significantly before May 31st. “Extending the eviction moratorium allows residents and small businesspeople more time to apply for and receive funding and benefits from various relief programs,” said Simitian.

Simitian, who made the motion to adopt the original Ordinance and proposed the approved extension observed, “Given the current health crisis, we’re obliged to extend the temporary moratorium if only to ensure folks can continue to shelter in place.” 

Simitian also asked County staff to report back on extending the repayment period for back rent (currently 120 days), given widespread community concern that the 120-day repayment period in the current ordinance is less than ideal for either landlords or tenants. “The challenge, of course, is that as rent due stacks up, people will need even more time. Both landlords and renters have expressed this concern,” said Simitian.

The Ordinance prevents evictions for failure to pay rent from occurring during the COVID-19 public health crisis. The countywide application means that it applies countywide, except in the event that a city has passed a measure/provision that is more stringent than the one approved by the Board of Supervisors. Effectively, this means that the County’s ordinance will take precedence if a local ordinance is less stringent, or, if no other local ordinance is in place.

“The world’s upside down right now,” said Simitian. “The goal of the moratorium on evictions is to ensure people can shelter in place, and to provide some measure of certainty and security. Rents are still due, and fortunately most folks have been able to pay their rents. But for those who can’t, the moratorium, and the time it provides, is a real lifesaver, literally and figuratively.”

The proposal to extend the eviction moratorium was co-authored by Supervisor Cindy Chavez. The full text of the Ordinance extending the moratorium can be found on the May 26, 2020 Board of Supervisors’s Agenda, Item #12. A link to that agenda can be found here:



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