Assembly Bill 832 – Extends Statewide Tenant Eviction Protections through September 30, 2021

Assembly Bill 832 extends the provisions of the previous eviction protection laws.  The transitional time period from June 30, 2021, under the prior Senate Bill 91 has now been extended until September 30, 2021. If a tenant/resident pays at least 25 percent (25%) of their rent due for each of the months from April 1, 2020 to September 30, 2021, and signs a Declaration of COVID-19 Financial Hardship, they will be protected from eviction.  The 25% must be paid on or before September 30, 2021, and although it is encouraged, there is no obligation to make periodic payments.   The 25% may be paid as a lump sum at any time on or before September 30, 2021.

Up to $5.2 billion in rental relief funding has been earmarked to be made available to pay landlords of certain qualifying low-income renters up to 100% of unpaid rent owed due to COVID-19 financial related hardships experienced by “qualified renters.”  

By July 31, 2021, Rental Housing providers must serve the new information Notice of COVID-19 Tenant Relief Act from the State of California to all tenants who have missed one or more rental payments on or after July 1, 2021.  For each month thereafter, if tenants do not pay all of their rent due, owners/landlords should continue to serve the new 15-Day Notice, a Declaration of Financial Distress, and the new informational notice.

COVID-19 Legal Notices for Owners:

This notice must be served to tenants who, as of July 1, 2021, had not paid one or more rent payments between March 1, 2020, and September 30, 2021, such rent amounts are still due and owing.  IF YOU FAIL TO PROVIDE THIS NOTICE TO YOUR TENANTS BY JULY 31, 2021 (AND THEREAFTER) FOR EACH PERIOD A RENTAL PAYMENT IS MISSED THROUGH SEPTEMBER 30, 2021, YOU MAY NOT BE ABLE TO EVICT YOUR TENANT OR RECOVER RENT PAYMENTS THAT ARE OWNED.

It is suggested owners keep in their records a copy of the Notice and a standard “Proof of Service” form as evidence of providing this notice in addition to any other documentation (e.g., certified return receipt).

Notice of COVID-19 Tenant Relief Act
Notice of COVID-19 Tenant Relief Act (Spanish)

This form permits owners to serve notice to tenants who have not paid any portion of their rent, still owes a balance during any period on or after July 1, 2021, and is not considered a “High-Income Tenant.”   You must provide your Tenants with the following Form:
15-Day Notice to Pay Rent or Quit – For Non-High Income Tenants.
15-Day Notice to Pay Rent or Quit – For Non-High Income Tenants (Spanish)

OR

This form permits owners to serve notice to tenants who have not paid any portion of their rent, still owes a balance during any period on or after July 1, 2021, and is considered a “High Income Tenant.”   You must provide your Tenants with the following Form:
15-Day Notice to Pay Rent or Quit – For High-Income Tenants
15-Day Notice to Pay Rent or Quit – For High-Income Tenants (Spanish)

A “High Income” tenant is defined as a tenant with an annual household income of 130 percent (130%) of the area median income, as published by the Department of Housing and Community Development in the Official State Income Limits for 2020, for the county in which the residential rental property is located.  A “High Income” tenant shall not include a tenant with a household income of less than one hundred thousand dollars ($100,000).  For more information, see the Department of Housing and Community Development website at:  https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits/docs/Income-Limits-2020.pdf. 

For any tenant who has experienced COVID-19 related financial distress on or after September 1, 2020, you are encouraged to pay 25% of your rent monthly; however, the deadline for the final 25% payment for any rent owed during that period has been extended to September 30, 2021.  Tenants MUST sign and return the following form to be protected from eviction proceedings:

Declaration of COVID-19 Financial Hardship form (tenant to complete)
Declaration of COVID-19 Financial Hardship form (tenant to complete)(Spanish)

IMPORTANT – NEW Notice Due by July 31, 2021:

If, as of July 1, 2021 (or thereafter), your tenant owes one or more months of rent due to COVID-19 related financial hardship, housing providers must serve another new informational notice advising tenants of their rights and urging them to apply for rental assistance. 

COVID-19 Additional Resources:

Please select the link to review California’s Legislative Assembly Bill 832:  

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB832

Assembly Bill 832 Summary