Emergency Housing Vouchers - EHVs
June 6, 2021

LAHSA is pleased to announce that the American Rescue Plan (ARP) has provided approximately 70,000 emergency housing vouchers (EHVs) for eligible public housing agencies (PHAs) around the United States. There will be 6,806 EHVs available throughout the City and County of Los Angeles. EHVs are tenant-based rental assistance under the Housing Choice Voucher Program. Access will be facilitated through the Coordinated Entry System (CES) for Los Angeles County.

EHVs will be available beginning July 1 and all EHVs must be leased up by September 2023. Given this quick timeline, please review the information on this page to determine if you should refer participants with whom you are working.

The Coordinated Entry System for LA County has identified eligible household types that are the current priority for LA County:

  • Unhoused or housed households who are fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking

  • Households that are survivors of domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined under the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH Act), the Violence Against Women Act (VAWA), and Trafficking Victims Protection Act (TVPA)

  • Households seeking an emergency transfer through the Interim LAHSA Emergency Transfer Plan under the Violence Against Women Act (VAWA)

  • Households enrolled in time-limited subsidy programs (such as Rapid Re-Housing, Recovery Re-Housing, or Shallow Subsidy) who need a permanent housing resource in order to achieve or maintain housing stability (whether currently housed or enrolled and not yet housed)

  • Households in interim housing whose sites are closing (such as Project RoomKey sites or Project HomeKey sites that are closing this year)

  • Households with long-term enrollment in interim housing (three months or longer)

  • Households enrolled in programs that offer navigation, case management, and/or post-lease up retention services (such as Housing Navigation)

 

EHV REFERENCE MATERIALS

 
 
Eviction Moratoria Extensions
June 15, 2021
 

On June 11, 2021, California Governor Newsom issued Executive Order N-08-21.  Paragraph 61  extended the ability of local jurisdictions to restrict commercial evictions through September 30, 2021. 
 

Paragraph 2 of Executive Order N-28-20 authorized local governments to implement commercial and residential eviction moratoria through May 31, 2020, in cases where a tenant was unable to pay the rent as a result of the COVID-19 pandemic. Paragraph 21 of Executive Order N-66-20 extended this through July 28, 2020, Paragraph 3 of Executive Order N-71-20 extended this through September 30, 2020, Paragraph 2 of Executive Order N-80-20 extended this authorization through March 31, 2021, for commercial evictions only, and Executive Order N-03-21 extended this authorization for commercial evictions through June 30, 2021. Paragraph 61 of Executive Order N-08-21 extends this authorization for commercial evictions through September 30, 2021.
 

The extensions under Executive Order N-80-20 and Executive Order N-03-21 and of Executive Order N-08-21 are limited to commercial tenants only. The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088), signed by Governor Newsom on August 31, 2020, provides protections for residential tenants.  Those residential protections were expanded and extended under The COVID-19 Tenant Relief Act (SB 91).  
 

Executive Order N-08-21 does not automatically provide eviction protection until September 30, 2021, to commercial tenants. It merely authorizes local governments to pass or extend previously implemented eviction moratoria through September 30, 2021.

Please let us know how KTS can assist you. Our attorneys are available to answer any questions. Feel free to contact us at info@kts-law.com.

 

© 2021 Kimball, Tirey and St. John LLP

 
Rent Relief
June 15, 2021

 

CA COVID-19 Rent Relief

Whether it’s a health-related event or a significant financial hardship, COVID-19 has affected us all. As our state continues to recover, we are committed to keeping families housed and recognize that California renters and landlords have enough to worry about. We want to make sure that rent and utilities aren’t on that list of worries.

The CA COVID-19 Rent Relief program helps income-eligible households with rent and utilities, both for past due and future payments. The federal Consolidated Appropriations Act of 2021 provides tenant (renter) protection laws and funding to support this program and was signed by Governor Newsom in January 2021.

Depending on the address of your rental property, you may be eligible for a local program. Click Apply Now to determine which program is right for you.
 

APPLY NOW
 

Have you already started an application? Click here to continue or refer to the email you received when you started your application.


Program Highlights

  • Free financial assistance is available to landlords and renters who need help with unpaid or future rent or utilities.

  • Landlords and renters are both encouraged to apply.

  • Income-eligible applicants may qualify regardless of immigration status and will not be required to show proof of citizenship.

  • Assistance from the CA COVID-19 Rent Relief program does NOT count as earned income (for renters) and will NOT affect eligibility for any other state benefit assistance programs, such as CalFresh or CalWORKS.

  • All applicant information is kept private and will not be shared.

  • Applications will be accepted on an ongoing basis. Priority assistance will be given to income-eligible households most at-risk of eviction.

  • Once an application has been successfully processed, both the landlord and renter will be notified of the next steps.


Program Details

Who can apply?

  • Landlords

  • Renters


What’s covered?

UNPAID RENT

Landlords who participate in the CA COVID-19 Rent Relief program can get reimbursed for an eligible renter’s unpaid rent dating back to April 1, 2020. Eligible renters whose landlords choose not to participate in the program may apply on their own and receive assistance for unpaid rent dating back to April 1, 2020.


UPCOMING RENT

Eligible renters can receive financial assistance for their upcoming monthly rent, too.


UTILITY ASSISTANCE: UNPAID OR UPCOMING

Eligible renters may also receive assistance for unpaid utility payments dating back to April 1, 2020, or for future utility payments, which will both be compensated at 100% of the cost, limited to a total of 12 months, and paid directly to the utility provider.

What are the requirements?


RENTERS: If you have been impacted by COVID-19, are income eligible (the state will calculate this when you apply) and have unpaid rent or utilities, or need help with future rent or utilities, you may apply for the CA COVID-19 Rent Relief program.

LANDLORDS: If you have renters who are behind on their rent and need financial assistance to support this income loss, you may apply for the CA

COVID-19 Rent Relief program, so long as:

  • Your renter’s household is income eligible (the state will calculate this when they apply).

  • All payments you receive must be used to satisfy the renter’s unpaid rent. The eligible timeframe for financial assistance dates back to April 1, 2020.

  • Your renter/s must take steps to verify that they meet eligibility requirements and sign the application. They will be notified once your application is submitted and asked to submit their required information.

Income-eligible applicants may qualify regardless of immigration status and will not be required to show proof of citizenship.

What paperwork will you need?

If you have the following paperwork available, it will make the application process faster for you to complete.


RENTERS:

ONE of the following:

  • Your 2020 Tax Return

  • 2020 W2 and 1099G if you were unemployed

  • Current pay stubs

  • Proof of participation in a state or federal subsidy program such as CalFresh or CalWORKS (your 2020 or 2021 acceptance or renewal letter is preferred).

AND — IF YOU ARE APPLYING FOR HELP WITH UTILITY BILLS:

  • Utility invoices or statements for any unpaid utility, water, trash, and internet bills after April 1, 2020.

Assistance for renters through this program does NOT qualify as income.


LANDLORDS:

ONE of the following:

  • Lease or rental agreement reflecting renter’s name, residence address, and monthly rent due

  • Rent ledger or rent statement showing the balance of unpaid rent from April 1, 2020

  • W-9 (for tax purposes)

If you have 10 or more tenants and would like to upload information for all of them at once when you apply, please fill out this form.

Assistance paid directly to landlords through this program DOES qualify as income.

Don't have the paperwork mentioned above?

Don't worry! You can still apply. Most of the information can be certified in the application, you will just need to provide proof of identification.



Go to Rent Relief Website

 
Section 8 & Source of Income Protections SB 329 and SB 222
November 2019
 

Under SB 329 and SB 222, all landlords in California will be required to accept Section 8 and VASH vouchers and other forms of rental assistance and to consider them as part of an applicant’s income. Both will go into effect on January 1, 2020.

SB 329redefines source of income as “lawful, verifiable income paid directly to a tenant or to a representative of a tenant or paid to a housing owner or landlord on behalf of a tenant, including federal, state or local public assistance, and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers issues under Section 8 of the United States Housing Act of 1937.”

SB 222 adds to the definition of source of income HUD-Veterans Affairs Supportive Housing (VASH) vouchers and clarifies that a landlord is not considered a representative of a tenant unless the source of income is a VASH voucher. SB 222 also adds military and veteran status as new protected classes under the FEHA.

Many local jurisdictions, such as Alameda, Berkeley, Corte Madera, East Palo Alto, Fremont, Foster City, Hayward, Los Angeles (City and unincorporated areas), Marin County (unincorporated areas), Santa Clara County (unincorporated areas), the City of San Diego, the City of San Francisco, the City of San Jose, Santa Monica, and Woodland have existing ordinances that include Section 8 and other rental assistance in their definition of source of income.

The passage of  SB 329 and SB 222 means that California residential landlords throughout the state will no longer be able to say they don’t participate in Section 8, VASH, or other rental assistance programs. It is anticipated that tenant’s rights groups will be conducting testing to see whether landlords are aware of and are complying with the law. Although the changes do not go into effect until January 1, 2020, landlords who don’t currently participate in rental assistance programs are advised to respond to inquiries about whether they accept Section 8, VASH, or other rental assistance that although they do not currently participate, they will be participating effective January 1, 2020.

 

The FEHA states that it is unlawful to make, print or publish or cause to make, printed or published, any notice, statement or advertisement with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on any enumerated protected class, including the source of income. Accordingly, it is important that all advertising (including ads posted on third-party websites such as Craigslist) be revised to remove any references such as “No Section 8” or “We do not participate in Section 8” before January 1, 2020.

The FEHA retains language that in instances where there is a government subsidy, it is unlawful to use a financial or income standard in assessing eligibility for the rental housing is that is not based on the portion of the rent to be paid by the tenant.

 

The net effect of this language, when combined with then-new definitions of the source of income, is that the voucher amount must be considered as part of the tenant’s income and any income standard applied by the landlord must be based on the portion of the rent which would be paid by the tenant, rather than the total contract rent. 

 

Nothing in either SB 329 or SB 222 prevents a landlord from requiring a tenant with a Section 8 or VASH voucher or other rental assistance to meet the landlord’s other criteria, such as credit and rental history.

Landlords with questions about the Section 8 program should contact the local Housing Authority in the area where their property is located.

 

Click here for PDF

 

© 2021 Kimball, Tirey and St. John LLP

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