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Evictions put on hold: How city and county rules help out-of-work tenants behind on rent

Original post made on Apr 1, 2020

Santa Clara County and several local cities passed emergency laws temporarily banning evictions last week, all of which are about to be put to the test.

Read the full story here Web Link posted Tuesday, March 31, 2020, 1:51 PM

Comments (13)

Posted by The Business Man
a resident of Castro City
on Apr 1, 2020 at 5:41 pm

SIMPLY PUT, THE CITY COUNCIL OF MOUNTAIN VIEW IS WEAPONIZING THIS PANDEMIC

Even when the city attorney stated:

“But throughout the meeting, there was an ever-present tension between what rules are fair to the landlords and the tenants. City staff originally sought to give renters 30 days after rent is due to inform landlords that they can't pay rent due to financial hardship, but later reneged and suggested three days would suffice.”

But this is where LISA MATICHAK takes advantage of the PANDEMIC by saying:

“Councilwoman Lisa Matichak said she wanted to include language in the moratorium that requires tenants and landlords to come up with a repayment plan, avoiding a situation where tenants would hold off on paying back rent until the final deadline in September.”

Under the County Moratorium, she had no option to add a condition to the County Order. Thus she is trying to act as an agent of the landlords, many of whom are not City Residents and the California Apartment Association. Since when did she ever think she could pull this stunt?

CHRIS CLARK at least was pointing out that this was nothing but an arbitrary act attempting to weaponize the PANDEMIC when he stated:

“Councilman Chris Clark said he couldn't support the idea, and that every person affected by the virus is going to have a different situation. Some renters may not be able to start working until one or two months into the moratorium being lifted, and may need the flexibility to pay back the money.”

Of course LISA MATICHAK is PRESUMING that the ordinance is set in stone. Finally the President is admitting that this situation is hardly going to resolve itself by the end in May. This County Moratorium is going to be extended because the optimists are saying the will start testing a vaccine in September. But he also stated:

“I do appreciate the sentiment of trying to avoid situations where someone pays the entire back rent on day 119, but I care much more about not being the only city in the county that requires equal payments," he said.”

HE IS CORRECT THAT IF THE CITY WANTS TO MAKE RULES DIFFEREANT TO ANY CITY OF SANTA CLARA COUNTY, THE CITY WILL VIOLATE THE EQUAL PROTECTION CLAUSES IN BOTH THE STATE AND FEDERAL CONSTITUTION. WHICH THE CITY COUNCIL IS REQUIRED TO COMPLY WITH UNDER THE CITY CHARTER.

The City Attorney also stated:

“City staff also initially recommended a 180-day grace period between the end of the moratorium and the due date for unpaid rent, which was later scaled back to 120 days to be consistent with the county.”

But that order is almost impossible to be set in stone, again, the best hope is that a vaccine will start testing a vaccine in September. LISA MATHICHAK also stated:

“I feel like during this time when everyone is struggling -- we might have different struggles but everyone is struggling -- that good communication and setting expectations and having a good understanding of where we all are is helpful to both parties," Matichak said.”

But if all landlords have federal insured mortgages or loans on their property, they do not have to make any payments at all. These are likely to be at least 50% of their operating costs. So her position is actually unfair to tenants because they are not getting any direct benefits yet under the PANDEMIC aid signed last week.

LISA MATICHAK is simply trying to use the PANDEMIC as a weapon, and she knows it.


Posted by The Business Man
a resident of Castro City
on Apr 2, 2020 at 3:04 pm

Now if anyone is paying attention:

The Palo Alto Daily reports that property taxes are able to waived during the COVID-19 crisis.

So on top of the mortgages being forbearance, now taxes are being cut for these people.

That means as much as 75% of operational expenses are cut for landlords.

And they STILL expect full rent payments. LISA MATICHAK is working to create a rediculous cash windfall for people who the majority don't even live here.

WHEN WILL THE CITY COUNCIL STOP BEING A CASH RESOURCE TO THESE PEOPLE?




Posted by The Business Man
a resident of Castro City
on Apr 2, 2020 at 11:04 pm

LISA MATICHAK is living in an alternative state of reality.

Imagine this, as much as 2 million new people lost their jobs in California in the last week,

And yet, she wants some kind of contract written by the people that lost their jobs by no fault of their own to repay rents.


WHAT KIND OR REALITY IS SHE LIVING IN?

THE REALITY THAT SHE IS A PAID REPRESENTATIVE OF THE CALIFORNIA APARTMENT ASSOCIATION AND THE CALIFORNIA ASSOCIATION OF REALTORS. AND WE CITY CITIZENS SHOULD NEVER EVER ELECT ONE WITH THOSE KINDS OF FUNDING TO BE ELECTED IN THE CITY COUNCIL AGAIN.


Posted by The Business Man
a resident of Castro City
on Apr 3, 2020 at 4:09 pm

LISA WHY ARE YOU NOT WILLING TO COMMUNICATE WITH US?

WHAT EXPLANATION DO YOU HAVE TO LEGITIMIZE YOUR ACTIONS?

WE WANT TO HEAR IT.


Posted by @BM
a resident of Another Mountain View Neighborhood
on Apr 3, 2020 at 8:16 pm

Nobody cares about your point of views.

Correction, maybe 3 other people in the city, all activist and or renters like yourself.


Posted by The Business Man
a resident of Castro City
on Apr 3, 2020 at 8:50 pm

In response to @BM you said:

“Nobody cares about your point of views.”

First, it is irrelevant whether anyone cares about my point of view. Second, what statistical proof do you have to say that NOBODY cares? What scientific poll did you perform to justify your statement? Simply put you are defending a person’s conduct that is IRRATIONAL, UNREASONABLE, and INDEFENSIBLE. You said:

“Correction, maybe 3 other people in the city, all activist and or renters like yourself.”

Nice try. By trying to denigrate or malign a person with a valid question of the conduct of LISA MATICHAK’S conduct. Almost like Donald Trump saying that anyone that asks a valid question but does not want to answer it. He tries to malign anyone asking good direct questions by saying it is a “nasty” person or a “nasty” question. Or even more weird, claiming that the question is no good if it is being asked by a “unpopular” person or group or claiming the questioner is “fake”.

WHY NOT ANSWER THE QUESTIONS?

Because there is no good answer given the situation. LISA MATICHAK IS NOTHING BUT AN AGENT OF PRIVATE INTERESTS AND EVERONE KNOWS IT.


Posted by The Business Man
a resident of Castro City
on Apr 4, 2020 at 1:12 pm

WHEN WILL THE CITY COUNCIL MAKE IT CLEAR THAT THEY HAVE NO END DATE OF THE CURRENT CRISIS?

WHEN WILL LISA MATICHAK EVER CONCEDE SHE HAS NO CLUE ABOUT THE MAGNITUDE OF THIS CRISIS?

WHY IS IT THAT NO ONE WANTS TO ADMIT THIS IS AN INDEFINITE PROBLEM UNTIL A TREATMENT OR VACCINE IS PROVIDED AND USED?

EVEN IF THE INFECTION RATE GOES DOWN, WE CANNOT STOP THE CURRENT PROCESS UNTIL THE TREATMENT OR VACCINE IS ADMINISTERED!

NO ONE WANTS TO ADMIT THEY ARE NOT IN THE LEAGUE REGARDING COVID 19!


Posted by The Business Man
a resident of Castro City
on Apr 4, 2020 at 10:48 pm

WOW, THERE APPEARS TO BE NO ONE WILLING TO STAND UP FOR THE CITY COUNCIL AT THIS TIME?

WHY NOT? THERE HAS TO BE SOME GOOD REASON FOR THE POOR DECISIONS BEING MADE?

I CANNOT BE THAT CORRECT?


Posted by The Business Man
a resident of Castro City
on Apr 5, 2020 at 4:22 pm

JUST AN UPDATE:

IT IS REPORTED THAT 1.6 MILLION TESTS HAVE BEEN PEFORMED AN IT RESULTS IN 335,500+ POSITIVES.

THAN YOU CAN TRY TO ESTIMATE THE POSSIBLE REAL INFECTIONS REGRADING THE PUBLIC BEING 355,500/1,600,000 TO ESTIMATE HOW MANY AMERICANS ARE LIKELY INFECTED. THAT PERCENTAGE IS 22.3% POSITIVE.

NOW IF YOU MULTIPLY 330,000,000 PEOPLE BY THAT PERCENTAGE IT CAN BE AS MANY AS 73.3 MILLION PEOPLE ARE INFECTED, OR AT LEAST UNTIL EVERYONE IS TESTED. AND SINCE IT LOOKS LIKE 3% OF THOSE WILL DIE, YOU CAN EXPECT AS MANY AS 2.1 MILLION PEOPLE ARE LIKELY TO DIE.

SIMPLY PUT FOR THE REST OF THE YEAR WE ARE NOT GOING TO SEE ANY CHANGE IN OUR LIFE.

LISA MATICHAK SHOULD ALREADY BE AWARE OF THIS.


Posted by The Business Man
a resident of Castro City
on Apr 6, 2020 at 4:31 pm

Even if we are succeeding in “bending the curve”, that does not man we will be free of this current lifestyle. We are stuck until there is a proven treatment and vaccine that everyone is been treated with.

Otherwise, this is going to go on indefinitely in order to “control” the infection rates.

The last I heard about 1.7 Million people have been tested, the current statistics are that 364,700 people tested positive which results in a 21.5% infection percentage.

The statistical significance sample is about 3.75 Million people, which means it is not a solid current infection statistic.

But when we reach that number, you can assume that if it stays at 21.5%, then you can assume that 73.3 Million people are infected. And since the uncounted fatalities currently are 10,771 which is 3% of the people infected.

3% of 73.3 Million people is 2.2 Million people are likely to die. But I am learning that that number is artificially low because many people are not being diagnoses with COVID 19 at time of death in many cases. So this could be artificially low.

Just understand, we cannot “stand down” this lifestyle until the vaccine and treatments are there and deployed. We have a long time to go.


Posted by The Business Man
a resident of Castro City
on Apr 10, 2020 at 6:00 pm

Well, it appears that San Diego is about to be hit with a City wide rent strike if you read the article “San Diego rent strike: Who’s participating and why“ (Web Link

It looks like a possible movement that could stretch state wide.

It looks like landlords have to start negotiating in good faith now. If they don’t they could be out of business fast.

But there have been too many stories where landlords are intimidating their tenants even during this crisi, one story can be found in the article “San Diego landlord to tenants: ‘Nobody really has a legitimate reason not to pay rent’“ (Web Link

In this article false notions are described like that the promised assistance has already been provided, as stated:

““Nobody really has a legitimate reason not to pay rent,” wrote Jeff Miller, CEO of Pacific Living Properties, to tenants.

A renter forwarded the email to the Union-Tribune calling it “tone deaf.” Efforts to reach Pacific Living Properties for comment were unsuccessful.

In the letter, Miller says many renters have a mistaken belief that mortgages are forgiven for landlords during the crisis — not that they eventually have to pay it back.

He said the company is sympathetic to job losses because of coronavirus but that federal aid programs should mean they should not be financially burdened.

“For those that did lose jobs the CARES Act was put in place by the Federal Government to enhance unemployment, to minimize the impact, and help you pay your obligations and necessities,” he wrote.”

BUT THEY ARE BURDENED WHEN AS MUCH AS 6 MILLION PEOPLE LOST THEIR JOBS IN CALIFORNIA.

Again, this CRISIS simply needs to have 4 things done:

First, a mortgage forbearance should be implemented and no interest accrues universally to all properties.

Second, all property taxes are suspended, and not expected to be repaid on all properties.

Third, the state, county, and local governments should provide funding for all legitimate operational expenses during this time.

Fourth, all of this is contingent in a forbearance of all rents regarding tenants.

WHY ISN’T THIS HAPPENING?


Posted by The Business Man
a resident of Castro City
on Apr 18, 2020 at 8:57 pm

I wonder if there will be a RENT HOLIDAY in he country.

I just read a report from Forbes magazine that is indicating is possible because it looks like the Congress sees this situation is not going away anytime soon.

The Forbes article is called “Proposed: $2,000 Monthly Stimulus Checks And Canceled Rent And Mortgage Payments For 1 Year” found here (Web Link

Specifically it is proposing:

“Proposal #2: Cancel Rent & Mortgage Payments Through The Coronavirus Emergency

Representative Ilhan Omar (D-MN) introduced the Rent and Mortgage Cancellation Act. This Act, if approved, would call for a nationwide cancellation of rents and home mortgage payments through the duration of the coronavirus pandemic, or up to one year.

The bill would include:

Full rent payment forgiveness for your primary residence

Full mortgage payment forgiveness for your primary residence

No accumulation of debt for renters or homeowners

No negative impact on their credit rating or rental history.

It would establish a relief fund for landlords and mortgage holders to cover losses

It would create an optional fund to finance the purchase of private rental properties to increase the availability of affordable housing.

The bill would be retroactive to March 13, 2020, and would last for one year, unless extended. Renters and homeowners who made payments during April 2020 would be reimbursed for their payments.

No Double-Dipping Allowed. The bill would only allow taxpayers to receive coverage for their primary residence. It would not cover second homes, vacation homes, or other non-primary residences. Those who have both a mortgage and also rent a home would have to choose the home for which they would want to receive financial relief.

Landlords and Mortgage Companies Would be Covered Through a Fund Managed Through the Department of Housing and Urban Development

The Department of Housing and Urban Development would create a relief fund for lenders and landlords to cover the lost rental and mortgage payments they would have received.

To receive these funds, lenders and landlords would be required to follow federal guidelines for fair lending and renting practices for five years.”

I THINK THIS SOUNDS VERY FAMILIAR, OH YESS I WROTE ABOUT THIS BEFORE.


Posted by The Business Man
a resident of Castro City
on Apr 19, 2020 at 3:43 pm

I just read that there is a bill that just needs 2 votes to require a 25% discount on rents in California.

It is called AB 828 and can be read here (Web Link

I sure hope it passes will last until 2022

It applies to all units where owners own or manage more than 10 units statewide.

ABOUT TIME


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