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Posted on: March 31, 2020

City of Fremont Approves Temporary Eviction Moratorium

COVID-19 Updates

On March 27, 2020, the Fremont City Council ratified Executive Orders establishing emergency Eviction Moratoriums on Residential and Small Business Evictions at a Special City Council Meeting. The Eviction Moratoriums temporarily prohibit evictions on all residential rental units and small-scale commercial tenants where the failure to pay rent is due to substantial income loss resulting from the COVID-19 public health crisis.

Tenants who are not able to pay rent should provide documentation to their property manager or landlord that proves their financial hardship is related to COVID-19 as soon as possible, but no later than five calendar days after they are properly served with a Notice of Termination. Permissible documentation that residential tenants can submit to their property manager or landlord includes, but is not limited to, the following:

  • A letter from an employer or other source of income citing the COVID-19 crisis as a reason for reduced work hours, termination, or other significant reduction in pay;
  • Paycheck stubs showing a reduction in pay following the COVID-19 outbreak;
  • Bank statements showing financial hardship following the COVID-19 outbreak;
  • Documentation showing payment of substantial out-of-pocket medical expenses caused by COVID-19; and/or
  • Documentation showing the closure of school or childcare facility where a child in the tenant’s care would otherwise be attending during the tenant’s working hours.
  • Medical bills not covered by insurance with a COVID-19 diagnosis.

Small-scale commercial tenants seeking protection would need to demonstrate substantial business losses and also would need to show that they have attempted to adjust their business models, i.e., to takeout/delivery to mitigate their emergency-related losses.

The Eviction Moratoriums will end 30 days after the expiration of the declared emergency. The Moratoriums do not apply to tenants who are already delinquent or in default of rent prior to the Shelter in Place Order issued by the Alameda County Health Officer on March 16, 2020. It also does not relieve a tenant of liability for the unpaid rent, which the property manager or landlord may seek after expiration of the local emergency.  The Eviction Orders implementing the Moratoriums will be in effect for six months following the end of the declared emergency to enable the City to enforce the Orders’ provisions after the emergency concludes.

For up-to-date information on the Residential Eviction Moratorium (including a fillable form tenants can send to their landlord, a fact sheet, and information for tenants and landlords), please visit our Housing Eviction Moratorium webpage. For questions, please contact the City of Fremont Housing Division by email or by calling (510) 494-4500.

For questions regarding small-scale commercial evictions, please contact the City of Fremont Economic Development Department by email or at (510) 284-4020 or visit the City’s Covid-19 Business Resource Guide.

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