Irvine Should Help Renters Impacted by COVID-19: Ban Evictions and Rental Increases, Prohibit Unconscionable Lease Termination Fees, and Create an Emergency Rental Assistance Program

The deadly COVID-19 pandemic has killed more than 100,000 Americans, including nearly 5,000 deaths out of more than 125,000 cases in California and nearly 200 deaths out of more than 7,000 cases in Orange County.

In addition, the economic shock of the pandemic has been devastating, causing billions of dollars in business losses and an unemployment rate of 16.3% nationally and nearly 25% in California.

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As a result, our pre-existing California housing crisis has been exacerbated, with increases in our already much too high levels of homelessness and housing insecurity.

Faced with these tremendous COVID-19-related challenges regarding incomes, jobs, and housing, many of the residents of our City -– more than half of whom are renters — are pleading with the Irvine City Council to protect them. So far, we are failing them.

I have repeatedly asked my colleagues on the Irvine City Council to take action to help renters, but my requests for real help for our renters have been rejected. In March, not one other member of the City Council supported my motion to order an enforceable moratorium on evictions and rent increases.

More recently, my attempt to have the City Council order an enforceable moratorium on evictions and rent increases was rejected on a 3-2 vote, with each of my Republican colleagues voting No.

Mayor Christina Shea and her Republican majority on the City Council have claimed that our renter residents do not need these protections. But we know from thousands of emails, social media posts, and demonstrations in the streets, that our renter residents are pleading with us for help in this crisis.

We should stop ignoring their voices and enact meaningful protections for renters immediately.

First, we need to (1) approve the basic protections that I called for in March and to order an enforceable moratorium on evictions and rent increases. Our renters are entitled to peace of mind about not being forced out of their homes because of the COVID19 crisis.

We also need to (2) prohibit unconscionable, and likely unlawful, lease termination fees.  Many people in Irvine, including students, have lost their jobs, and therefore their incomes, as a result of the COVID19 crisis. Yet I have been told by residents that lease termination fees charged by the Irvine Company have exceeded $15,000.

In addition, we should (3) create an Emergency Rental Assistance Program.  Even with a moratorium on evictions, paying back rent for many of our residents is a very high mountain to climb.  We should direct our City staff to develop an Emergency Rental Assistance Program. These programs have been enacted in other cities, including our neighboring city of Anaheim, to help residents through this unprecedented public health and economic crisis.

As city officials, we have the power and ability to help protect our residents, including renters, both student and non-student. I believe we also have the moral obligation to do so. We should do it now without any further delay.

The Irvine City Council Refuses To Order Moratorium On Evictions. Instead, Council “Encourages” Landlords Not To Evict. Tell Them To Order That Irvine Residents And Businesses Be Protected From Eviction Due to the COVID-19 Crisis.

At tonight’s Irvine City Council meeting, Mayor Christina Shea and three City Councilmembers refused to order a legal moratorium on evictions due to the COVID19 crisis, and instead adopted a non-binding resolution to “strongly encourage . . . residential and commercial landlords, and all utility providers, in the City of lrvine to abide by the provisions of the Governor’s Executive Order, and to specifically refrain from evictions, foreclosures, rent increases, or service and utility disconnections during the period of the COVID-19 emergency.”

Photo: Tomoya Shimura, Orange County Register.

I voted No because the resolution passed by the Council has absolutely no legal force or effect. 

I am extremely disappointed in the Mayor and my Irvine City Council colleagues, who have failed to use the authority granted to us by the Governor to fully protect our residents and businesses by legally ensuring that they will able to remain their in homes and shops during this crisis — as has been done in many other California cities, including San Jose, Los Angeles, Long Beach, El Monte, Fresno, San Francisco,  Camarillo, Ojai, Oxnard, Thousand Oaks, Moorpark, and Santa Monica.

The Council also claimed that it had no authority to halt evictions due to foreclosure, although the Governor’s Executive Order explicitly states that local governments like the City of Irvine are empowered to halt evictions where “The basis for the eviction is nonpayment or rent, or a foreclosure” due economic loss because of COVID19.

Our residents and businesses deserve a legally binding order halting evictions due to COVID19.

Corporations are always asking for certainty and clarity in laws and regulations. Don’t the people also deserve certainty and clarity?

If the Mayor and the rest of the City Council choose to attack me personally because I stand for real protections for our residents and local businesses, so be it.

See the Voice of OC story HERE.

However, I have not given up on the people getting the Irvine City Council to do the right thing and use the our authority to order a legally binding moratorium on all COVID-9 related evictions.

Please continue to contact the Mayor and the members of the Irvine City Council and ask them to exercise their full power to protect Irvine residents and businesses from eviction.

If you are personally in danger of eviction, or in the process of eviction, please let them (and me) know.

You can contact all of us on the Irvine City Council at citycouncil@cityofirvine.org

Thank you.

We’re all in this together.

Melissa

 

 

California Apartment Association Calls for Halt on Evictions, Rent Freeze, and Property Tax Relief

Last week I called for the Irvine City Council to use the power specifically granted to us by the Governor to order a temporary 60-day ban on evictions for all residential and business tenants and subtenants, as well as for those people who are unable to pay their mortgage, due to reasons related to COVID-19.

Irvine City Hall (Tomoya Shimura, Orange County Register/SCNG)

Today, I received an email from the California Apartment Association (CAA), the nation’s largest statewide trade group representing owners, investors, managers and suppliers of apartments, which has adopted a program it calls the Safe at Home Guidelines, asking its every California rental housing provider to commit to the following through May 31, 2020:

  • Freeze rents on all residents & pledge to not issue any rent increases.
  • Halt evictions on renters affected by COVID-19, absent extraordinary circumstances.
  • Waive late fees for residents who pay rent after the rent due date because they have been affected by the COVID-19 pandemic and related government actions.
  • Offer flexible payment plans for residents who cannot pay rent by the due date.
  • Direct renters to available resources to assist with food, health, and financial assistance.
  • Communicate with residents proactively that you are available to assist them and want to work with them to ensure they remain housed.

The CAA further noted that “As our members continue serving residents, they continue to incur expenses such as mortgages, taxes, insurance, maintenance, and payroll. Therefore, we are seeking your support in advocating for property tax and additional mortgage relief beyond those that are backed by federal programs. Temporary relief will benefit California renters, homeowners, and housing providers who are all struggling from the COVID-19 virus.”

I applaud the CAA for stepping up in this crisis. 

I also strongly agree that state and local property tax and mortgage relief measures are necessary to help property owners through this difficult time.

Accordingly, it is even more important that the Irvine City Council, at its meeting on Tues., March 24, order a temporary 60-day ban on evictions for all residential and business tenants and subtenants, as well as for all those people who are unable to pay mortgage, due to reasons related to COVID-19, in addition to property tax relief measures.

If you believe, as I do, that the currently agendized proposal is inadequate in the face of the crisis, and that, instead, the City of Irvine should  use the power specifically granted to it by the Governor to order a temporary 60-day ban on evictions for all residential and business tenants and subtenants, as well as for those people who are unable to pay their mortgage, due to reasons related to COVID-19, please email the Mayor and the Irvine City Council to let them know.

Send emails to: citycouncil@cityofirvine.org

Also, because the March 24, 2020, Irvine City Council meeting will be held online, you may make a comment opposing the proposed resolution (Item 5.2) and supporting an order for a moratorium on evictions. Your comments will be read into the record. 

Submit your comment at: E-Comment Link

Thank you.

We’re all in this together.

Melissa

UPDATE:  The Irvine City Council Refuses To Order Moratorium On Evictions. Instead, Council “Encourages” Landlords Not To Evict. Tell Them To Order That Irvine Residents And Businesses Be Protected From Eviction Due to the COVID-19 Crisis.

 

 

THE IRVINE CITY COUNCIL SHOULD ORDER A 60-DAY BAN ON ALL EVICTIONS DUE TO THE COVID-19 CRISIS

During California’s housing crisis, we now face a pandemic of exponential growth and danger. This public health emergency would be made worse by adding to our homeless and unsheltered population.

Amid layoffs, job losses, business closures, and wage and stock market losses, families are struggling to stay housed and obtain food, medicine, and other staples. Every local Irvine business is experiencing stress from the impacts of this pandemic. Most of those who will become ill from this virus will go through it at home, cared for by family, friends and neighbors.

In response to the need to keep people sheltered and financially secure during this epidemic, the Governor of California issued an Executive Order on March 16, 2020, that specifically authorizes local governments such as the City of Irvine to halt evictions for both renters and homeowners.

Irvine City Hall (Tomoya Shimura, Orange County Register/SCNG)

The Governor stated, “Californians are experiencing substantial loss of hours or wages, or layoffs related to COVID-19, affecting their ability to keep up with their rents, mortgages, and utility bills. People shouldn’t lose or be forced out of their home because of the spread of COVID-19. Over the next few weeks, everyone will have to make sacrifices – but a place to live shouldn’t be one of them. I strongly encourage cities and counties take up this authority to protect Californians.”

At this time of unprecedented stress and vulnerability to our residents and businesses, we cannot add to our homeless and unsheltered population. It is a matter of conscience as well as public health and safety.

We must also help our business community survive.  Therefore, I am calling for a temporary 60-day ban on evictions for all residential and business tenants and subtenants, as well as for mortgagees, who are unable to pay their rent or mortgage due to reasons related to COVID-19 (as spelled out in detail in the Governor’s Executive Order).

Any meaningful relief from eviction during this crisis must include mortgagees as well as renters.  The power of local governments like the City of Irvine to order a moratorium on evictions due to foreclosure is specifically included in the Governor’s Executive Order. The critical importance of this protection during our present crisis has been acknowledged by mortgage giants Fannie Mae and Freddie Mac, which, along with the federal Department of Housing and Urban Development and the Federal Housing Finance Agency, have already suspended foreclosures and evictions of homeowners behind on their mortgages.

Based on the above, I believe that the proposal by Mayor Shea and Councilmember Khan that is now agendized as Item 5.2 for the March 24, 2020, Irvine City Council meeting is inadequate to deal with the current crisis.

According to the memo submitted by Mayor Shea and Councilmember Khan, rather than enacting an order declaring a moratorium on all evictions, it is proposed instead that the Irvine City Council would “memorialize” a commitment between the City and major landlords/developers The Irvine Company and FivePoint Holdings that they are “both committed to honoring the spirit and intent of the Governor’s executive order.” The memo further stated that “If, despite our best intentions, we see a need to enact a local ordinance to limit evictions, we will immediately do so.”

The currently agendized proposal is inadequate for the following reasons:

  • It does not protect homeowners paying a mortgage who are in danger of foreclosure.
  • It does not protect tenants of any landlords other than The Irvine Company and FivePoint.
  • It does not protect subtenants.
  • It does not offer full legal protection, affording no real security or peace of mind.

Therefore, I recommend that the Irvine City Council order a temporary 60-day ban on evictions for all residential and business tenants and subtenants, as well as for all those people who are unable to pay mortgage, due to reasons related to COVID-19.

If you believe, as I do, that the currently agendized proposal is inadequate in the face of the crisis, and that, instead, the City of Irvine should  use the power specifically granted to it by the Governor to order a temporary 60-day ban on evictions for all residential and business tenants and subtenants, as well as for those people who are unable to pay their mortgage, due to reasons related to COVID-19, please email the Mayor and the Irvine City Council to let them know.

Send emails to: citycouncil@cityofirvine.org

Also, because the March 24, 2020, Irvine City Council meeting will be held online, you may make a comment opposing the proposed resolution (Item 5.2) and supporting an order for a moratorium on evictions. Your comments will be read into the record. 

Submit your comment at: Ecomment on Agenda Item 5.2

Thank you.

We’re all in this together.

Melissa

UPDATE:

See The Irvine City Council Refuses To Order Moratorium On Evictions. Instead, Council “Encourages” Landlords Not To Evict. Tell Them To Order That Irvine Residents And Businesses Be Protected From Eviction Due to the COVID-19 Crisis.