SAN ANTONIO — Update: 1:20 p.m.
Item 5 on today's city council agenda, the 'Proposed Right to Cure Process' has failed. Six city council members voted against the proposed ordinance, while 5 voted for.
Original: 11:06 a.m.
San Antonio City Council is meeting today to discuss an ordinance requiring landlords to provide a 'notice of proposed eviction' prior to a 'notice to vacate' a residential tenancy as a result of the coronavirus pandemic.
The ordinance would essentially place additional measures in place that landlords would be required to go through before evicting someone.
A total of 35 citizens have signed up to speak on Item 5 at today's city council meeting. Two are in favor of this ordinance, 33 are against it.
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Here is a closer look at the proposal:
Proposed Ordinance
- Landlords required to provide ‘notice of proposed eviction’ to tenants before issuing a notice to vacate
- Notice of proposed eviction will give tenants who have failed to pay rent, 60 days to respond and to cure delinquent payments or reach payment agreements
- If the landlord and tenant do not reach an agreement during the 60 day period, then the landlord may issue a 3-day Notice to Vacate consistent with state law
- The 60-day Notice of Proposed Eviction will be required beginning on the effective date of the ordinance
- The requirement to issue the Notice of Proposed Eviction prior to Notice to Vacate will extend until September 24, 2020
- Failure to comply with the ordinance is a Class C misdemeanor punishable by a fine up to $500
- Applies to residential properties only
- Does not require documentation to show non-payment related to COVID-19
- Does not waive or forgive any accumulated rent, fees, or penalties
- JP Courts will determine whether failure to comply will stop or delay an eviction. City does not have independent authority to intervene in the eviction process.
Currently, under the CARES Act:
- Landlords are prohibited from filing new actions until July 24, 2020
- Landlords are prohibited from charging late fees or penalties
- Landlords cannot evict a tenant after the moratorium expires except on 30 days’ notice, which may not be given until after the moratorium period