Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020

The new statewide law includes targeted protections for tenants to shield them from evictions due to COVID-19-related back rent through February 1, 2021 and extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords.

Additional information on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act can be found here.

Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19

The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS) announces the issuance of an Order under Section 361 of the Public Health Service Act to temporarily halt residential evictions to prevent the further spread of COVID-19. This Order is effective September 4, 2020 through December 31, 2020.

Additional information can be found here. 

NEW! Commercial and Residential Tenant Moratorium

On April 1, 2020, City Council adopted a Emergency Ordinance to enact a temporary moratorium on evictions due to nonpayment of rent for residential and commercial tenants related to the Novel Coronavirus (“COVID-19”). The Ordinance is effective for rent due on or after March 27, 2020.   The moratorium will last until the local emergency is terminated or the withdrawal of Governor Newsom’s Executive Order N-28-20, whichever occurs sooner, though the Council can extend the time period by a subsequent resolution. Click here for more information and a link to the Moratorium Ordinance. Legal Aid Society of San Diego has information on their website regarding eviction rights. For tenants currently receiving Section 8 rental assistance, please see information on HUD’s website.

Income and Rents Schedule

Affordable housing provides an opportunity for lower income households to live at a cost that is generally below the market price.  Income limits and rents are capped at specific percentages of the Area Median Income (AMI).  The income limits are established by the federal Department of Housing and Urban Development (HUD), and are updated on an annual basis.  Each affordable housing unit will have different income and rent limits.  Please see the most current Income and Rent schedule below to determine the maximum allowable household income and rent that can be charged.

Applicable for the Affordable Unit Policy, Density Bonus, and Inclusionary housing units built before 2015 (HUD):  2020 HUD Income and Rent Schedule 

Applicable for Density Bonus and Inclusionary housing units built after 2015 (HCD):  2020 HCD Income and Housing Cost Schedule 

HOME Program

The HOME Investment Partnership Program is a federally funded affordable housing program through HUD and provides separate income and rent limits. The HOME program limits are updated annually.

2020 HOME Program Income and Rent Schedule

For more information about the HOME program and property management resources, please visit the HOME Program Website.

Utility Allowance Schedule

Affordable units include an allowance for tenant-paid utilities, such as water or electricity. The Encinitas Housing Authority publishes a Utility Allowance Schedule on an annual basis, and is utilized for all of the affordable housing units within the City.

2019 Utility Allowance Schedule

Compliance Monitoring

The City monitors the affordable housing units on an annual basis to ensure continued compliance with affordability restrictions and requirements. The following forms are some of the primary tools used in the monitoring process.

 

For more information, please contact: Jennifer Gates, Principal Planner at (760) 633-2714 or [email protected] or Cindy Schubert, Program Assistant at (760) 633-2726 or [email protected]