Sonoma County renters to keep at least some protections as statewide eviction ban ends Friday

When a statewide moratorium on most evictions ends Friday, Sonoma County tenants can remain safe in their homes even if they’ve missed past rent payments during the pandemic, according to county attorneys.

Under a countywide eviction ban, local tenants who’ve taken a financial hit because of the health crisis can’t be evicted for rent debt accumulated through Sept. 30. Starting Oct. 1, tenants who miss payments may no longer be shielded from eviction unless they have already applied for emergency rental assistance, according to the county.

The protection for past unpaid rent will last until the local moratorium expires, either on June 30, 2022, or 60 days after local officials declare the county pandemic emergency over, whichever is earlier.

At least, that is county attorneys’ interpretation of how the expiring state moratorium modifies the county’s ongoing eviction ordinance, which the Board of Supervisors enacted in March 2020.

Legal Aid of Sonoma County disputes that reading of the law. The nonprofit organization specializing in tenant rights cases maintains that local renters will stay fully protected from eviction for nonpayment for all months of the pandemic until the county moratorium ends.

“We may not see eye to eye, and we may have to see how a judge interprets this,” said Suzanne Dershowitz, housing policy attorney with Legal Aid.

In a statement, Legal Aid added it does “agree with County Counsel’s interpretation” that the local moratorium’s expanded “just-cause” protections will remain in effect. Those rules mean that to evict a tenant for reasons other than nonpayment, landlords must show serious health and safety concerns or take a property off the rental market entirely.

County attorneys declined to provide a statement about the differing assessments, but acknowledged a court may have the final say on the matter.

Sonoma County Board of Supervisors Chair Lynda Hopkins said the county and state moratoriums, as well a federal eviction ban that ended in August, have sent conflicting messages to local renters.

“Unfortunately, I think that’s led to a lot of confusion in the community,” Hopkins said.

The county regulation was designed “to fill in the gaps for other policies,” she said.

Once the state moratorium expires this week, renters that are still struggling in Sonoma County and throughout California will likely be able to stave off eviction as long as they have already applied for emergency rental assistance.

Tenants impacted by the pandemic and earning less than 80% of an area’s median are eligible to get all of their back rent covered for up to 18 months dating to April 2020.

In Sonoma County, that state and federal money is provided through a county-run program. As of Sept. 17, the county had disbursed $11.4 million in aid, according to officials. That’s about a third of the $32 million it has had available to distribute starting in April.

County officials could not say this week how many people had gotten assistance.

There is no application deadline for the rental aid, and both tenants and landlords can apply. The money can also be used for utilities, moving costs, debts left over from previous rentals and security deposits for those affected by the pandemic.

As part of the rental aid program, the Board of Supervisors also gave $712,000 to Legal Aid to provide free counsel to help avoid evictions and foreclosure.

In the months after the rental assistance program launched, it was slow getting funds out the door, hindered by administrative red tape and other barriers to access.

Catholic Charities in Santa Rosa — one of the local nonprofits tasked with ensuring the money reaches tenants and landlords — said the process has sped up as of late.

Jennielynn Holmes, chief programs officer with Catholic Charities, said the organization had by August given out all of the $500,000 in aid it received from the county to disburse. It’s asked for another half-million dollars.

“It’s been a huge help, not just the people who are renting, but also the landlords who rely on this income,” Holmes said.

Keith Becker, general manager at DeDe’s Rentals in Santa Rosa, said half of his 16 renters who have requested assistance have had their rent paid in full, which he described as a “qualified success.”

Becker is still waiting to see if the $61,000 in outstanding debt his renters owe will be covered by the program.

Since he and his tenants filled out applications in April, Becker has been frustrated with the delays in getting aid, as well as the program’s online portal, which he says doesn’t provide clear updates on where renters stand in the application process.

“Whether you’re a landlord or whether you’re a tenant you’re left in the dark,” Becker said. “The program is completely opaque. It’s the exact opposite of transparency.”

You can reach Staff Writer Ethan Varian at ethan.varian@pressdemocrat.com or 707-521-5412. On Twitter @ethanvarian