Rent Assistance and How to Apply

STATE OF CALIFORNIA RENTAL ASSISTANCE – The California COVID-19 Rent Relief Program is still accepting applications. The application process will be administered through either the city, county, or by the state, depending on where the property is located. For additional information, go to housingiskey.com.  IMPORTANT NOTE: You MUST apply for rent reimbursement before beginning an Unlawful Detainer for unpaid COVID rent.

UNSURE OF WHAT ASSISTANCE IS AVAILABLE?  – The Rental Assistance Finder, designed by the Consumer Financial Protection Bureau, is now available to help renters and housing providers find whatever local assistance is available. You can use this yourself, but equally important, share it with your residents. It’s a step in the right direction to get everyone the assistance they need.

 

COVID Forms and When to Use Them

To begin an Unlawful Detainer action through the court, you must first apply for rent reimbursement through local Emergency Rent Assistance Programs or through the state’s HousingIsKey program AND be certain you have served all of the required forms for each specific covered period.

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NOTE:  Some cities and counties still have protections in place regarding unpaid rent. The forms below are for cities or counties subject ONLY to the State of California notice requirements.  If you have unpaid rent for any of the below covered months, the required forms are below. If you have already served the notices for each of the specific time periods that rent was not paid, you do not have to serve again.

The Notice From the State of California, created within AB832, is included in all the packets and posted separately. This form is required and was added after some of the various time periods began and/or ended. If you served the forms in each period, this may be the only additional form you will need to serve before beginning an Unlawful Detainer.

If you did not serve forms in each period when COVID rent was due, Below are the forms for each period:

 

REQUIRED NOTICES FOR UNPAID RENT MARCH 1, 2020 – AUGUST 31, 2020

This packet should be served to tenants who owe rent during this period 

 

REQUIRED NOTICES FOR UNPAID RENT SEPTEMBER 1, 2020 – JANUARY 31, 2021

This packet should be served to tenants who owe rent during this period

 

REQUIRED NOTICES FOR UNPAID RENT SEPTEMBER 1, 2020 – SEPT 30, 2021

This packet should be served to tenants who owe rent during this period. NOTE: This was the last moratorium extension, and included the original period of September 2020 through January 2021, above. Beginning in February 2021, if you were owed any rent from September 2020 through September 2021, those amounts should be listed on this notice.

 

REQUIRED NOTICES FOR UNPAID RENT FROM OCTOBER 1, 2021 – MARCH 31, 2022

This 3-Day Notice should be served to tenants who owe rent during the time period of October 1, 2021, through March 31, 2022.  

No other notice is required.  However, you must still apply for rent reimbursement through either a local Emergency Rental Assistance Program (ERAP) or the state HousingIsKey program. If your renter fails to complete their portion of the application within 15 business days after you have submitted your completed application, you may move forward with an Unlawful Detainer action through the court. If your renter does submit their completed portion of the application, you must wait for the program to either accept the renter as qualified or reject the renter as not qualified.

If your renter is accepted, you will receive rent reimbursement from the program for unpaid rent at some point, so the Unlawful Detainer won’t be necessary. If your renter is rejected, you will not be receiving reimbursement and therefore you may move forward with an Unlawful Detainer for unpaid rent.

IMPORTANT NOTE: All of the above information is applicable for property covered by the State of California moratorium and regulations. If your property is in a city or county with a local moratorium, for example, San Francisco City and County, Los Angeles City, and Alameda County, this information MAY NOT APPLY and you must follow the requirements of your local moratorium.

 

PROPERTIES UNDER LOCAL EVICTION MORATORIUM

If your property is in a city where there is a local eviction moratorium that pre-dates the California state moratorium, you may be asking what should you serve and what should you NOT serve. The best answer is to check the laws of the city and county where your property is located.

 

CITY OF LOS ANGELES – | COVID-19 Renter Protections Fact Sheet | The COVID-19 Renter Protections Fact Sheet (Protections Notice) is required to be given to each residential tenant by the landlord per Ordinance 186606.  Additionally, a landlord must also include the Protections Notice when serving a tenant a notice to pay rent or quit, a notice to terminate a residential tenancy, a notice to perform covenant or quit, or an eviction notice served during the local emergency period and for 12 months after the expiration of the local emergency period. The Protections Notice must be in the language predominately used by the tenant. To keep tenants updated about the amount of rent due, you can provide a Balance Due Notice along with a copy of the Renter Protections Fact Sheet.

 

CHANGE IN APPLICANT SCREENING
Housing providers are not permitted to deny applicants whom they SUSPECT have unpaid rent during the Pandemic. Please use the newest AOA Application to Rent – dated 1/2021. Click HERE to access the updated application.

 

RESTRICTIONS ON APPLICATION OF SECURITY DEPOSIT
Housing providers are not allowed to use security deposits or any rent payments to cover past due rent without written permission from a current tenant. However, the security deposit can be used to cover past due rent when the tenant moves out.

 

California Department of Real Estate Forms 

While AOA has worked tirelessly to provide you with the forms required, we want to make sure you have the link to the California Department of Real Estate list of forms. Their forms are basic – AOA’s forms are more extensive. However, they do provide copies in the following languages: English, Chinese, Korean, Spanish, Tagalog, and Vietnamese. If your tenant’s lease was negotiated in a different language other than English, a version in that language must be provided.