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Guide to rent relief for renters Guide to rent relief for property owners and landlords
California’s eviction moratorium â the state’s protections for renters who have been unable to pay their rent â will be expiring at the end of September.
This means that starting October 1st, landlords in many places in California can once again evict tenants for not paying their rent. And in order to avoid being evicted, renters who have been financially impacted by COVID-19 must pay a portion of their back-rent due and can apply for extra help from rent relief through state or local programs.
âIf you think you might qualify for rent relief, then apply for it â and you’re always better off doing it sooner rather than later,â said Russ Heimerich, spokesman for the Business Consumer Services and Housing Agency.
Heimerich says the agency understands that between 800,000 and 1.5 million households in the state were financially burdened by the COVID pandemic, and lost income because their hours were reduced, they got sick, were laid off, or had extra care responsibilities.
The state has been slow to distribute rent relief, but Heimerich says the process is speeding up.
Advocates advise people to not only apply for rent relief, but also seek legal aid if theyâre facing eviction. However, they warn that you might have to be patient, as both the rent relief programs and legal aid groups are handling a lot of demand.
Keep reading for what renters need to know about applying for rent relief, or skip to rent relief advice for property owners and landlords.
Rent relief: what renters should know
How do I know if I qualify for rent relief?
You qualify for rent relief if you have been financially impacted by the COVID-19 pandemic, and you earn less than 80% of your areaâs median income. Check to see if you qualify, and apply for help.
Do I need to be be a U.S. citizen to qualify for rent relief?
You do not need to be a citizen to qualify. Your legal status will not be disclosed to any other government agency.
Is it possible to apply for rent relief in languages other than English?
Yes, there are applications available in Spanish,Chinese,Korean, Vietnamese and Tagalog.
A “for rent” sign posted on the exterior of an apartment building on June 02, 2021 in San Francisco, California. (Justin Sullivan/Getty Images)
Is the rent relief a loan? Do I need to pay back the money I get?
No, you do not need to pay the state or your county back for the relief money that they give you.
My county or city has its own eviction moratorium. Is that expiring too?
Several cities and counties across the state have their own rent-related eviction moratoriums that will stay in place after the one from the state expires. In the Bay Area, those places are:
Alameda County: The eviction moratorium ordinance will remain in effect until 60 days after the local health emergency is lifted. Read more about Alameda County’s eviction moratorium. City of Berkeley: Berkeleyâs eviction moratorium will end once the local COVID-19 emergency order is lifted. Read more about the City of Berkeley’s eviction moratorium. City of Oakland: Oaklandâs moratorium on evictions and rent increases will last until the local emergency is terminated by Oakland City Council. Read more about the City of Oakland’s eviction moratorium. Solano County: Solano Countyâs ban on COVID-19 related evictions will extend for an additional 90 days once the countyâs State of Emergency has been lifted. Read more about Solano County’s eviction moratorium.
I havenât been able to pay full rent. What do I do now?
If you have paid at least 25% of the back-rent youâve accrued since September 2020 , you can apply to have the rest of your back-rent covered through the stateâs rent relief program. In order to get rent relief, the tenant and the landlord both need to fill out some paperwork.
If you havenât paid at least 25% of your back-rent due, you need to pay it by September 30th.
Although you are protected from eviction if you apply for rent relief, the unpaid rent is not cancelled. Starting Nov. 1, your landlord could try to get any rent that is still unpaid in small claims court.
I have applied for rent relief. Can I still get evicted while Iâm waiting?
No. Your landlord may issue you an eviction notice but lawmakers say you will not be evicted if you have proof that youâre waiting for determination on your application, or if youâre still waiting for the money to be distributed.
If you are denied, an eviction can move forward. But if you believe you were denied relief improperly, you can appeal.
I havenât applied for rent relief. Can I still apply?
Yes. There is no hard and fast deadline for applying for rent relief. The program will be open until funds run out, so you should get your application in as soon as you can.
My rent relief application has been approved, but I haven’t gotten notice that it’s been paid. What should I do?
Youâre not alone. Rent relief is taking a long time to be distributed. Advocates recommend being patient and contacting the CA COVID-19 Rent Relief Call Center at 833-430-2122.
The state’s housing website also has a tool to look up local organizations and aid groups in your county offering assistance for renters.
Why is it taking so long to distribute rent relief?
The system has been slow to get up and running. However, in recent months, spokesperson Russ Heimerich says the Business Consumer Services and Housing Agency has hired more staff to go through the applications and process payments more quickly.
âOur goal is from the time a completed application is submitted to the time a check goes out, to have that be 30 days or less,â said Heimerich.
Heimerich also said that applications are much less complicated than they once were, and should take applicants from between 30 minutes to an hour.
Los Angeles renters and housing advocates demonstrate on Aug. 21, 2020, against evictions in the region. (Valerie Macon/AFP via Getty Images)
What should I do if my landlord is harassing me to leave because I havenât paid rent?
âYour landlord is not allowed to harass you. That is against the law. And you should contact legal aid and stay in your home,â says Madeline Howard, a senior staff attorney at Western Center on Law & Poverty.
Howard recommends finding a local legal aid group that can help you advocate for yourself. The state’s housing website has a tool to look up local organizations and aid groups in your county offering assistance for renters.
What should I do if I get a notice to “pay or quit” (i.e., an eviction notice)?
If you get an eviction notice and you have applied for rent relief, you cannot legally be evicted until a final decision is made on your rent relief application, and only if that decision is that you do not qualify.
What if I havenât been paying my 25% each month?
You have to pay the 25% in a lump sum before October 1st, to avoid an eviction.
What about the rest of the 75%?
You should apply for state or local rent relief to cover it. If your application is rejected and you donât ultimately pay the rent, it turns into consumer debt and your landlord can take you to small claims court to recover it.
Tenants who may be eligible for rent relief can be protected from evictions for a while longer. How does that work?
Until March 2022, you cannot be evicted if you show that youâve applied for rent relief.
If you file for rent relief during this time, you can still be protected from eviction.
If a case gets brought against you while you are waiting for determination as to whether or not you qualify for rent relief, you can use that as a defense to stop the proceedings.
What if I got denied for rent relief?
Heimerich at the Business Consumer Services and Housing Agency says itâs very rare for people to get denied for rent relief, and happens in less than 1% of cases.
However, Howard says if you were denied and you believe you should qualify, you should call your local legal aid group with the denial from the state and they can help you file an appeal.
Can I get help with my utilities?
If youâve had a COVID-19 hardship and you earn less than 80 percent of your countyâs area median income, you can also apply to have your utilities paid for.
What if I donât have a traditional lease agreement? Can I still apply for rent relief?
Yes, you can still apply for rent relief even if you have only an informal or oral agreement, according to Howard. You just need to indicate on the application the monthly rent you have agreed to pay, and the total amount of back rent you owe.
Howard emphasized that the âthe state agency does accept rental assistance applications from units that are sort of nontraditional housing, whether it’s a converted garage, or some kind of housing in the back, an RV or whatever it is.â
I canât pay Octoberâs rent. Can I get help with that?
Yes. If you are struggling to pay the rent due to a COVID-related hardship you can get rent relief that will help you pay your future rent for up to three months. After those three months, you can apply again to get help for another period of up to three months, if you still expect to have your COVID hardship.
For renters and property owners applying for rent relief, time is of the essence. (Liza Summer/Pexels)
Rent relief: what property owners and landlords should know
Where can I apply for rent relief?
You and your tenant can apply in the same place, at HousingIsKey.org.
If your property is in Santa Clara County, Alameda County, or Sonoma County, you and your tenant may also be able to get assistance through a local rent relief program.
What do I need to do to file an eviction starting on October 1st, 2021?
âBeginning October 1st, rental property owners who have not received rent from their tenants will be allowed to proceed with an eviction. However, it’s not the same way in which evictions proceeded prior to the pandemic,â says Debra Carlton, executive vice president of state government affairs for the California Apartment Association.
Landlords can issue a 3-day notice to âpay or quitâ, but must notify the tenant that they have a right to apply for rental assistance. The law gives tenants 15 days to apply for rent relief and submit a COVID-hardship form.
If the tenant doesnât apply for rent relief, the landlord must apply themselves. The court will not issue a summons if the owner of the property hasnât applied for relief. The owner then has to wait for 20 days to get notice from the state about whether or not their tenant qualifies. If they haven’t heard and/or if the tenant doesn’t qualify, only then can the owner proceed with an eviction.
What if my tenant or I have applied for rent relief but the application hasn’t been approved yet?
The government is supposed to respond to the landlord within 20 days. If the landlord has heard nothing from the state, they can proceed with the eviction, although the tenant may use the lack of determination as their defense in court proceedings.
What if my tenant hasnât been paying but has refused to participate in applying for rent relief?
In this case, the rental property owner can proceed with an eviction.
Gov. Gavin Newsom’s moratorium on evictions came after advocacy organizations and some state lawmakers made repeated calls to the governor to provide protection to renters when residents were told to shelter in place. (Justin Sullivan/Getty Images)
The recent law, AB 832, said landlords would receive 100% of the back rent. Does this mean I’m guaranteed to get 100% of my back rent?
If your tenant qualifies, in that they have been impacted by COVID-19, and they make below 80% of the area median income, you will receive 100% of your back rent.
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