City Government, City Services, Community

New State residential eviction moratorium takes the place of local Hayward ordinance

February 9, 2021

A new law signed on Jan. 29 by California Gov. Gavin Newsom extends through June 30, 2021, a statewide COVID-19 moratorium on certain residential evictions and establishes a new State Rental Assistance Program for tenants and landlords.

The new state law, Senate Bill 91 (SB-91), supersedes and effectively takes the place of a local emergency ordinance that was passed by the City Council on Jan. 26 re-enacting a Hayward ban on the eviction of residents facing COVID-19 economic hardship.

A companion emergency relief ordinance also passed by the Council on Jan. 26 extending a local moratorium on the eviction of local businesses and organizations from commercial properties remains in place through June 30, 2021, and was unaffected by the state action.

Under the state residential eviction ban, tenants who are unable to pay rent due to the pandemic are required to provide the landlord a Declaration of COVID-19 related financial distress and pay at least 25 percent of rent owed by June 30, 2021. The state law also extends until Aug. 1, 2021, a moratorium on legal actions in small claims court to recover COVID-19 rental debt.

Tenants and landlords interested in the new State Rental Assistance Program and other provisions of SB-91 are encouraged to use the State website or the California Housing is Key COVID-19 Assistance Line: 1-833-422-4255.