Policy Recomendations

Evictable Rent Threshold

The Board of Supervisors should raise the threshold for evictable rent debt to $25,000 for the duration of the State of Emergency, or for at least six months from the effective date of the law, whichever is longer.

This pragmatic policy would make evictions a last resort and not a first resort during times of financial crisis. This would mean that if a tenant owed less than $25,000 in rental debt, they would have the opportunity to pay it back instead of losing their housing or fighting an eviction case in court, risking homelessness and/or deportation. 

Under the status quo, renters are falling behind on other debts, skimping on household necessities, and taking out high-interest loans in order to pay rent — all because evictions can happen so quickly and for such small amounts. Homeowners don’t risk being foreclosed on if they fall short on just one mortgage payment. Renters should have the same flexibility. 

Under its emergency powers, the Board of Supervisors has the power to raise the evictable rental debt threshold for the entire County–both unincorporated areas and incorporated areas. The Board of Supervisors also has the legal authority to pass a law modifying the substantive grounds for eviction — especially if it’s a temporary policy in response to a local emergency. 

Rent Debt as Consumer Debt

All rental debt accumulated during the emergency period, up to the $25,000 threshold, should be collectable only in a civil action, and never provide the basis of an eviction. This means a landlord could still collect rental debt in a small claims or civil action or, importantly, through rental assistance programs provided by the County or other localities, but tenants would not be at risk of losing their housing or ability to run their small business over this debt. 

By converting rental debt to consumer debt, landlords would not be deprived of their ability to collect rent for their properties. They simply could not use this debt as a basis for eviction. 

Prohibition on No-Fault and Unauthorized Occupant Evictions.

For the duration of the State of Emergency, or for at least six months from the effective date of the law, whichever is longer, the County should prohibit all “no-fault” evictions and evictions based on the presence of “unauthorized occupants” in a tenant’s unit.

A prohibition on all no-fault evictions is absolutely necessary to ensure that the nonpayment protections are enforceable. Without such a prohibition, landlords would be able to get around the “evictable rent threshold” restriction by simply issuing an eviction notice for another reason (such as requesting the unit for personal use). 

Further, a prohibition on evictions based on the presence of “unauthorized occupants” is a necessary response to the State of Emergency. Some individuals and families have courageously begun to shelter their neighbors and loved ones who, for various reasons, need an alternative place to live. Tenants should not have to worry about being evicted for taking the brave and generous action of sheltering a loved one during a crisis.