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San Antonio City Council votes down proposed ordinance requiring landlords to provide 'notice of proposed eviction'

The ordinance would have placed additional measures in place that landlords would be required to go through before evicting someone.

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. 

Credit: KENS 5

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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

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