1.4 billion. Local governments could also use other Federal funds available for landlord/tenant relief programs. 

The US Department of Treasury has distributed the rental assistance funds to  the state of California already. SB 91 requires the State Rental Assistance Program  to begin accepting applications no later than March 15, 2021.

In order to be eligible to receive rental assistance funds, a resident's household must meet all of the following criteria:

1.   At least one person in the household, A) qualifies for unemployment benefits, or B) has experienced a reduction in the household income, incurred significant costs, or experienced a financial hardship due to COVID-19; 
2. At least one person in the household can demonstrate a risk of experiencing homelessness or housing instability, which may include any of the following: A) A past-due utilities or rent notice or evection notice, B) Unsafe or unhealthy living conditions, or C) Any other evidence of such risk, as determined by the Department of Housing and Community Development (the “Department”); and 
3. Household income at or below 80% of the area median, as determined by the Department. 

Note: Meeting the eligibility criteria described above does not guarantee that applicants will receive rental assistance funds. The State Rental Assistance Program will prioritize funds first to eligible households with a household income

of less than 50% of the area median income, then to communities disproportionately impacted by COVID 19, and finally to all other eligible

households with a  household income less than 80% of the area median income. Household income is determined as either the household’s total income for the calendar year 2020 or the household’s monthly income at the time of application. For household incomes determined using monthly income, income eligibility must

be re-determined every three months. Eligible households that include an individual who has been unemployed for the 90 days prior to application for assistance and households with income is below 50% of the area median are to be prioritized for assistance. 

Note: Median household income for Sacramento CA was $92k in 2019 (new numbers come out in September) so the requirement of 80% would be $73k or less to qualify for rental assistance.

Yes. The program allows a landlord to apply directly for the payments of rental  arrears. The application process will require the landlord and resident to work  together because eligibility for the funds is based on the resident circumstance. The  exact process for applying for funds is not yet known, however, it is likely that  information such as proof of income will have to be provided by the tenant.

There is no limit on the maximum dollar amount that an eligible household can  receive.

April 1, 2020, through March 31, 2021. 

No. It will cover 80% of the rent during the covered period.

When a landlord accepts payment (80% of what is due), the landlord is required to forgive the rest of the balance (20% of what is due). The landlord may not proceed with an unlawful detainer, sue the resident, or otherwise seek to collect an outstanding rental debt from the tenant. This release of claims takes effect the day payment is made to the landlord.

Probably. California’s pre-existing law forbids discrimination based on the source of income. SB 91 specifically defines rental assistance payments as a “source of income” for the purpose of California’s Fair Housing Laws.

Tenants may apply for the State Rental Assistance Program without the help of their landlord, however, the tenant will only receive 25% of the rent due. Landlord forgiveness of rent is not required in this case.

SB 91 extends CTRA’s protections to rental debt through June 30, 2021.  CTRA’s protections previously applied only to rental debt through January 31,  2021.

Yes. Protected residents are only required to pay 25% of the rent normally due  from September 1, 2020 through June 30, 2021.

Yes. Landlords are required to send a notice about the changes in the law to all residents who owe one or more rental payments due between March 1, 2020, and  February 1, 2021. This includes residents who owe rent for this time, and: a) have not yet received a notice to pay rent or quit, b) have received a 15-Day Notice but did not return the declaration, and c) have received a 15-Day Notice and did return the declaration. This notice must be sent out by February 28, 2021. The content of the notice is specified in the law. A copy of the notice may be found here.  No new 15-Day Notices can be served until the landlord has complied with this requirement. 

Yes. SB 91 extends until July 1, 2021, CTRA’s expansion of AB 1482 just cause. CTRA has temporarily expanded just cause to: a) all properties, even those previously exempt from AB 1482 (such as single-family homes in new construction), and b) all residents have covered properties from the first day of the tenancy. This means that tenancies cannot be terminated (including requiring a  resident to vacate at the end of a fixed-term lease) unless the landlord's notice is based on and states one of the “just causes” specified in AB 1482.

Yes. CTRA’s protections continue to apply only to residents who submit the declaration of COVID-19 financial distress (and documentation, if required for high-income residents) to the landlord in response to a 15-Day Notice. If the resident ignores a 15-Day Notice, the landlord can file an unlawful detainer action  (unless prohibited from doing so by a local government moratorium that was enacted prior to August 19, 2020). In addition to state and local protections, the  Federal Centers for Disease Control's eviction moratorium order is in effect through at least March 31, 2021. This order may affect a landlord’s ability to evict a resident, even if that resident did not comply with CTRA and/or any applicable local government evection moratorium. 

In response to an eviction case, a resident who failed to return the declaration of  COVID-19 financial distress to the landlord can file the declaration with the court within the time period provided in the law (typically, five business days). The court will hold a hearing, and if the judge finds the resident's failure to return the declaration was the result of a “mistake, inadvertent, surprise, or excusable negligence” then the resident will be still be protected by CTRA. 

SB 91 makes some minor changes to the eviction process but leaves the existing eviction process largely intact. There are two changes: 

1. Before the court can enter judgment for the landlord, it must verify with the landlord all of the following: a) The landlord has not received rental assistance or other financial compensation or any other source corresponding to the amount demanded in the notice underlying the complaint. b) The landlord has not received rental assistance or other financial compensation from any other source for rent accruing after the date of the notice underline the complaint. c) The landlord does not have a pending application for rental assistance or other financial compensation from any other source corresponding to the amount demanded in the notice underlying the complaint. 
2.  The amount of attorney’s fees that can be awarded to a prevailing party in a case based on non-payment of COVID-19 rental debt (amounts due between March 2020 and June 2021) MAY be limited to $500 in uncontested cases and $1000 in contested cases.

No. SB 91 prohibits a landlord from charging (or attempting to collect) late fees  from a resident who has submitted a declaration of COVID-19 related financial  distress.

No. However, SB 91 prohibits a landlord from increasing fees or charging new fees for services previously provided by the landlord without charge for a resident who has submitted a declaration of COVID-19 related financial distress. 

SB 91 prohibits a landlord from applying a monthly rental payment to any  COVID-19 rental debt (amounts due between March 2020 and June 2021) other than the prospective (next) month’s rent unless the resident has agreed in writing to allow the payment to be so applied. This means that if the tenant makes a payment by check and does not specify in writing how it is to be applied, it must be applied to the prospective (next) month’s rent.

No. SB 91 prohibits a landlord, resident screening company, property manager,  or other entity that evaluates applicants on behalf of a housing provider from using an alleged COVID-19 rental debt (amounts due between March 2020 and June  2021) as a negative factor for the purpose of evaluating a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective resident. This requirement applies even if the resident’s reason for not paying the rent was not due to COVID-19 financial distresses.

SB 91 prohibits the sale or assignment of all COVID-19 rental debt (amounts due between March 2020 and June 2021) until July 1, 2021. After July 1, 2021,  debt prohibition is partially lifted. The ban on sale or assignment is permanent with respect to residents who meet the eligibility criteria for the federal rental assistance program but is lifted with respect to all other residents.

No. SB 91 prohibits a landlord from applying a security deposit to satisfy  COVID-19 rental debt (amounts due between March 2020 and June 2021),  UNLESS the resident has agreed in writing to allow the deposit to be so applied.  The landlord can use the security deposit to satisfy the COVID-19 rental debt after the tenancy ends, in accordance with the existing security deposit law.

Yes. Small claims court award limits have been waived for unpaid rent during this period, however, landlords are prohibited from bringing these actions in small claims court until August 1, 2021. Landlords must file these claims by July 1,  2025. Attorney representation is not allowed in small claims court.