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  Regular-General Government   # 29.       
Board of Supervisors County Counsel  
Meeting Date: 03/24/2020  
Brief Title:    Eviction and Foreclosure Relief
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172 and Megan Stedtfeld, Assistant County Counsel, x8172
Supervisorial District Impact:

Subject
Adopt a resolution implementing residential and commercial eviction and foreclosure protections through May 31, 2020, pursuant to Governor Newsom's Executive Order N-28-20. (No general fund impact) (Pogledich/Stedtfeld)
Recommended Action
  1. Adopt a resolution implementing residential and commercial eviction and foreclosure protections through May 31, 2020, pursuant to Governor Newsom's Executive Order N-28-20;
     
  2. Authorize staff to take all actions appropriate to ensure full implementation of the protections set forth in the resolution; and
     
  3. Consistent with Paragraph 9 of the resolution, direct staff to agendize a 30-day review of the resolution and its impact.
Strategic Plan Goal(s)
Thriving Residents
Safe Communities
Reason for Recommended Action/Background
The proposed resolution (Attachment A) implements eviction and foreclosure protections authorized in Executive Order N-28-20, adopted by Governor Newsom on March 16, 2020 (Attachment B). The protections are intended to contribute to housing security, promote commercial tenancy stability, and delay judicial foreclosures. The resolution implements those protections by suspending residential and commercial evictions if the basis for eviction is non-payment of rent is a decline in income or increased personal medical costs arising from the COVID-19 pandemic. Judicial foreclosures will be automatically suspended pursuant if the resolution is adopted.

The foregoing protections apply only in the unincorporated area. The cities have authority to adopt the same protections under the Governor’s executive order. Further, these protections extend only through May 31, 2020, unless terminated earlier or later extended pursuant to a further grant of authority by the Governor.

Many other jurisdictions are taking or considering similar actions in response to the Governor’s executive order. As of the date of preparation of this staff report, the County Counsel’s office is informed that Monterey, Marin, Santa Cruz, and San Luis Obispo counties have adopted the same or similar protections. The Cities of San Francisco and Los Angeles have also adopted similar protections utilizing the emergency powers of their mayors. Many other cities and counties are expected to follow suit, including Shasta and Butte counties.

The resolution includes language in Paragraph 9 directing staff to agendize a discussion of the "impact and continuing necessity" of the resolution within thirty days of its adoption (i.e., by April 24). This will allow for any adjustments or changes necessary to respond to impacts of the resolution or any other developments.
Collaborations (including Board advisory groups and external partner agencies)
County Administrator, Yolo County Housing.

Fiscal Impact
Potential fiscal impact (see notes in explanation section below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   0
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
Adoption of the resolution has no direct fiscal impact on the County.  The protections afforded will tend to stabilize residential and commercial tenancies, promoting public health and the welfare of some local businesses.  Some lenders and others could be adversely affected by the inability to pursue certain evictions and foreclosures.  These effects could impact property tax revenues and other sources of County revenue.
Attachments
Att. A. Resolution
Att. B. Executive Order

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 03/18/2020 01:23 PM
Elisa Sabatini Elisa Sabatini 03/18/2020 04:42 PM
Form Started By: Phil Pogledich Started On: 03/18/2020 12:39 PM
Final Approval Date: 03/18/2020

    

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