HomeMy WebLinkAboutExecutive Order No. 4-2020CITY OF SANTA ANA EXECUTIVE ORDER NO. 4-2020
EXECUTIVE ORDER NO. 4 OF THE DIRECTOR OF EMERGENCY
SERVICES FOR THE CITY OF SANTA ANA EXTENDING THE
MORATORIUM ON EVICTIONS DUE TO NON-PAYMENT OF RENT BY
RESIDENTIAL AND COMMERCIAL TENANTS IMPACTED BY THE
NOVEL CORONAVIRUS (COVID-19) THROUGH JUNE 30, 2020
SECTION 1. Findings.
A. International, national, state, and local health and governmental authorities are
responding to an outbreak of respiratory disease caused by a novel coronavirus
named "SARS-CoV-2," and the disease it causes has been named "coronavirus
disease 2019," abbreviated COVID-19, ("COVID-19").
B. On March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions
already underway across multiple state agencies and departments, and help the state
prepare for broader spread of COVID-19.
C. On March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing the
spread of and addressing the effects of COVID-19.
D. The Orange County Board of Supervisors and Department of Public Health declared
a local emergency and local public health emergency to aid the regional healthcare
and governmental community in responding to COVID-19.
E. On March 16, 2020, the Governor of the State of California issued Executive Order
Executive Order N-28-20, authorizing local governments through their police power
to impose substantive limitations on residential or commercial evictions for
nonpayment of rent for tenants financially impacted by COVID-19.
F. On March 17, 2020, the City Council proclaimed the existence of a local emergency
to ensure the availability of mutual aid and support an effective City response to the
novel coronavirus ("COVID-19").
G. The Centers for Disease Control and Prevention, the California Department of
Health, and the Orange County Department of Public Health have all issued
recommendations including but not limited to social distancing, canceling or
postponing group events, working from home, and other precautions to protect
public health and prevent transmission of this communicable virus. Other counties
throughout the state have issued "shelter in place" directives.
H. In response to COVID-19, and in order to prevent further exposure, many businesses
have imposed work from home policies; meetings, events and social gatherings are
being cancelled as people remain at home; and customers are not patronizing
restaurants and stores or hiring domestic help or travelling. With more businesses
moving towards working from home, less of the workforce will be patronizing
restaurants, hotels and other retail establishments that employ hourly workers, which
is expected to lead to hourly cutbacks and employee terminations.
I. As a result of the public health emergency and the precautions recommended by
health authorities, many tenants in Santa Ana continue to experience or expect soon
to experience sudden and unexpected income loss.
The Governor of the State of California has stated that individuals exposed to
COVID-19 may be temporarily unable to report to work due to illness caused by
COVID-19 or quarantines related to COVID-19, and individuals directly affected by
COVID-19 may experience potential loss of income, health care and medical
coverage, and ability to pay for housing and basic needs, thereby placing increased
demands on already strained regional and local health and safety resources,
including shelters and food banks.
K. Most, if not all, local schools were and remain closed to prevent further spread of
COVID-19. These school closures will cause children to have to remain at home,
leading to many parents adjusting their work schedules to take time off work,
whether paid or unpaid. Hourly wage earners are unlikely to be paid for time off.
The inability to work due to school closures will economically strain those families
who cannot afford to take off time from work to stay at home
L. The situation is unprecedented and evolving rapidly. Further economic impacts are
anticipated, leaving tenants vulnerable to eviction.
M. On March 19, 2020, consistent with Executive Order N-28-20, the Director of
Emergency Services issued an Executive Order enacting and implementing a
moratorium on evictions due to non-payment of rent by residential and commercial
tenants impacted by COVID-19. This moratorium remains in effect through May
31, 2020 and is intended to promote stability and fairness within the residential and
commercial rental market in the City during the COVID-19 pandemic outbreak, and
to prevent avoidable homelessness, thereby serving the public peace, health, safety,
and public welfare and to enable tenants in the City whose income and ability to
work is affected due to COVED-19 to remain in their homes.
N. In the interest of public health and safety, as affected by the ongoing emergency
caused by the spread of COVID-19, it is necessary to extend the eviction moratorium
to ensure renters can remain in their homes and prevent proliferation of
homelessness and the further spread of COVID-19. Displacement through eviction
creates undue hardship for tenants through additional relocation costs, stress and
anxiety, the threat of homelessness due to the lack of alternative housing, and lack of
moving services and supplies as stores and businesses close. During the COVID-19
pandemic outbreak, affected tenants who have lost income due to impact on the
economy or their employment continue to be at risk of homelessness if they are
evicted for non-payment of rent as they will have little or no income and thus be
unable to secure other housing if evicted,
O. People experiencing homelessness are especially vulnerable to the spread of
COVID-19 due to an inability to practice social distancing and a lack of access to
health care. The Governor has ordered the State to take extraordinary measures to
secure shelter for homeless populations during this emergency to limit exposure to
and spreading of COVID-19. Widespread evictions of tenants vulnerable to eviction
due to financial hardship occurring due to COVID-19 would exacerbate the
challenge of sheltering the homeless during this emergency, and increase the risk of
spread of COVID-19.
P. Promoting continued stability among commercial tenancies is also conducive to
public health, allowing businesses to follow the advice and directives of public
health officials to close or re -open in limited capacity, and allowing employees to
avoid public contact, during times of a public health crisis without fear of imminent
eviction.
Q. In view of the foregoing, the City desires to extend through June 30, 2020 the
prohibition of evictions due to non-payment of rent for residential and commercial
tenants where the failure to pay rent results from loss of income due to COVID-19-
related impacts.
R. This order is adopted pursuant to the City's police powers and powers afforded to the
city in time of national, state, county and local emergency during an unprecedented
health pandemic, such powers being afforded by. the State Constitution, the City
Charter of the City of Santa Ana and the Santa Ana Municipal Code to protect the
peace, health, and safety of the public. This order is necessary for the preservation of
the public peace, health, and safety of residents living within the City. Under
Government Code Section 8634, this order is necessary to provide for the protection
of life and property.
NOW, THEREFORE, I, Kristine Ridge, the Director of Emergency Services for the City of Santa
Ana, do hereby issue the following order to become effective immediately, subject to further
clarification by the City Council:
IT IS HEREBY ORDERED THAT:
SECTION 2. All provisions of Section 2 of Executive Order dated March 19, 2020, entitled
"Temporary Moratorium on Evictions for Non -Payment of Rent by Residential Tenants Impacted
by the COVID-19 Crisis," shall remain in effect through June 30, 2020.
SECTION 3. All provisions of Section 3 of Executive Order dated March 19, 2020, entitled
"Temporary Moratorium on Evictions for Non -Payment of Rent by Commercial Tenants Impacted
by the COVID-19 Crisis," shall remain in effect through June 30, 2020.
SECTION 4. This Order shall become effective immediately.
SECTION 5. If any section, subsection, sentence, clause, phrase or word of this Order is found to
be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall
not affect the remaining provisions of this order.
PASSED, APPROVED AND ADOPTED this 0 day of 2020.
D rector of Emergency Services
and City Manager
Kristine Ridge
ATTEST: l
Daisy Gome(��q
City Cleric