File #: Ord. 2020-19    Version: 1 Name:
Type: Ordinance Status: Individual Consideration
File created: 3/30/2020 In control: City Council
On agenda: 4/7/2020 Final action:
Title: Consider approval of Ordinance 2020-19, requiring a landlord to provide notice of a proposed eviction action prior to issuing an actual notice to vacate and provide tenants a ninety day period to cure any delinquency as a result of the COVID-19 pandemic; creating an offense and penalty, providing for adoption of this Ordinance as an emergency measure on only one reading; and providing an effective date.
Attachments: 1. Eviction Delay Ordinance - MJC, 2. Supreme Court Fourth Emergency Order.pdf

AGENDA CAPTION:

Title

Consider approval of Ordinance 2020-19, requiring a landlord to provide notice of a proposed eviction action prior to issuing an actual notice to vacate and provide tenants a ninety day period to cure any delinquency as a result of the COVID-19 pandemic; creating an offense and penalty, providing for adoption of this Ordinance as an emergency measure on only one reading; and providing an effective date.

 

Body

Meeting date:  April 7, 2020

 

Department:  City Attorney/City Manager

 

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Background Information:

The COVID-19 pandemic has caused economic hardship that includes difficulty on displaced workers to meet current rent obligations. All Hays County residents are currently under an order from County Judge Ruben Becerra to stay in their homes with certain exceptions for essential activities.  Evictions for non-payment of rent will force individuals to leave their residences and contribute to the community spread of the virus that causes the disease. The Texas Supreme Court has issued an order prohibiting any residential eviction actions in the state through April 19, 2020.

 

The attached ordinance requires a landlord to provide a written notice informing a residential tenant of a right to cure a rent delinquency within 90 days before having to vacate the premises.  The ordinance is drafted to continue in effect for the duration of the Local Disaster Declaration in San Marcos due to the COVID-19 pandemic.

 

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