Resolution No. 20-19 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 20- / cf
A RESOLUTION PROHIBITING ACTIONS TO INITIATE EVICTION PROCEEDINGS AGAINST
RESIDENTIAL AND COMMERCIAL TENANTS IMPACTED BY THE COVID-19 PUBLIC HEALTH
EMERGENCY
WHEREAS, On January 30, 2020, the World Health Organization declared the outbreak of novel coronavirus
(COVID-19) "a public health emergency of international concern";and
WHEREAS, On January 31, 2020, the United States Health and Human Services Secretary Alex M. Azar II
declared a public health emergency (PHE) for the United States to aid the nation's healthcare community in
responding to COVID-19;and
WHEREAS, On March 8,2020, Oregon Governor Kate Brown declared an emergency under ORS 401.065 et
seq.due to the public health threat posed by COVID-19;and
WHEREAS, On March 11, 2020, the World Health Organization announced that COVID-19 is now a global
pandemic;and
WHEREAS, On March 12, 2020, Oregon Governor Kate Brown ordered all schools in the state closed until at
least April 1,2020;and
WHEREAS, On March 13, 2020, the President of the United States issued a proclamation of a national
emergency concerning COVID-19;and
WHEREAS, On March 17, 2020, the Tigard City Council ratified an emergency declaration to strengthen the
City's preparedness to respond to the public health emergency and to protect the health, safety, and welfare of
the City's residents,workers, students,and visitors;and
WHEREAS, On March 17, 2020, Oregon Governor Kate Brown issued Executive Order 20-08 extending the
closure of schools until April 28;and
WHEREAS, On March 23, 2020, Oregon Governor Kate Brown issued Executive Order 20-12 `Stay Home,
Save Lives' which orders the closure of non-essential businesses and directs individuals to stay home to the
mamunum extent possible and to maintain social distancing;and
WHEREAS,As of March 25, 2020, the confirmed cases of COVID-19 have surpassed 460,250 worldwide with
more than 20,857 reported deaths and 62,873 cases in the U.S. resulting in over 894 American deaths;and
WHEREAS, As a result of the rate of spread and the recommendations and orders intended to mitigate the
impact of the public health emergency,many businesses have experienced severe economic impacts due to loss
of business and decreased revenue which has resulted in many employers reducing hours, canceling shifts, or
closing;and
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WHEREAS,Workers in the service industry sectors are likely to experience the greatest impact on their personal
health and safety as a result of regular contact with members of the public and on their economic welfare as a
result of event cancellations,business closures,and declining patronage;and
WHEREAS,The economic welfare of many of Oregon's working families are dependent on the health of small
businesses and the service industry most at risk from impacts from the public health emergency;and
WHEREAS,Commercial evictions may result in closure of businesses,which in turn will result in further loss of
employment, exacerbating these effects, negatively impacting the availability of essential goods and services
including food, and causing long-term damage to the local economy and its ability to recover from the public
health emergency;and
WHEREAS, The loss of income can inhibit Tigard's residents and businesses from fulfilling their financial
obligations;
WHEREAS,The State of Oregon, the metro region,and the City of Tigard were already experiencing a housing
crisis of unprecedented scope and scale prior to the public health emergency;and
WHEREAS, Eviction from housing can place both the evicted household and the broader community at risk
during the public health emergency;and
WHEREAS, On March 18, the United States government took unprecedented action to provide payment
forbearances of up to 12 months for homeowners with mortgage loans backed by Fannie Mae and Freddie Mac;
and
WHEREAS, On March 23, 2020, the United States government extended mortgage forbearance to loans on
multifamily properties backed by Fannie Mae and Freddie Mac, on the condition that no tenants be evicted for
nonpayment for the duration of the forbearance;and
WHEREAS, On March 22, 2020, Oregon Governor Kate Brown issued Executive Order 20-11, placing a
moratorium on law enforcement officer actions to serve or enforce writs of termination of tenancy related to
residential evictions for non-payment;and
WHEREAS,In order to encourage Tigard residents and businesses to comply with the Governor's `Stay Home,
Save Lives' order and prevent further spread of COVID-19, the City must protect its residents and businesses
from the fear of potential eviction due to economic dislocation, and
WHEREAS, On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic
Security ('CARES") Act which restricts lessors of covered properties from filing new eviction actions for
nonpayment of rent for 120 days. Covered properties include residential properties that participate in certain
federal housing programs or have a federally backed mortgage loan or multifamily mortgage loan;and
WHEREAS, The ability to maintain housing and the availability of essential goods and services during and after
this public health emergency is a public health imperative;and
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WHEREAS, Jurisdictions across the region and the country are considering or have implemented eviction
prevention measures to provide housing and business stability during this unprecedented public health
emergency, and
WHEREAS, The City of Tigard desires to protect the health, safety, and welfare of its residents, workers,
students,and businesses during a period of local,state,and national emergency.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: This resolution is in accordance with City Council's March 17,2020 Declaration of Emergency
and provides additional measures to address these emergency conditions.
SECTION 2: A temporary moratorium is imposed in the City of Tigard on all residential and commercial
evictions and termination of leases on the basis of nonpayment of rent due to loss of wage or
business revenue resulting from COVID-19-related public health emergency.
SECTION 3: To establish eligibility for this moratorium,affected tenants must:
a. Demonstrate substantial loss of income, through documentation or other objectively
verifiable means, resulting from the COVID-19 public health emergency,including federal,
state,county or City of Tigard restrictions imposed to mitigate its spread;and
b. Notify their landlords on or before the day that rent is due that they are unable to pay rent
due to substantial loss of income as a result of the COVID-I9 pandemic.
SECTION 4: Nothing in this moratorium shall relieve tenants of liability for unpaid rent, which landlords
may seek, and tenants must pay,in installments or in full, as soon as practicable,but no later
than within six months after expiration of the City of Tigard's declaration of emergency,
including any extensions thereof.No late fee may be charged or collected for rent that is delayed
for the reasons stated in this moratorium,not may a landlord seek rent that is delayed for the
reasons stated in this moratorium through the eviction process for period of six months after
expiration of the City of Tigard's declaration of emergency.
SECTION 5: Any place of lodging within the City of Tigard must accept or retain housing any individual
whose payment is subsidized either by the City of Tigard or Washington County or a contractor
of either the City of Tigard or Washington County.For the purposes of this provisions,subsidy
is considered any grant,loan,or exemption from any tax,fee,or charge related to development,
construction, or operation of any housing or lodging unit.
SECTION 6: Refusal to accept or retain housing of individuals whose payment is subsidized either by the
City of Tigard,Washington County, or a contractor of either the City or Washington County
during the period in which the City of Tigard's declaration of emergency is in effect,including
any extensions thereof,will be subject to fines and penalties to the greatest extent possible.
SECTION 7: These temporary measures shall remain in effect for the duration of the declaration of
emergency set forth in the March 17,2020 Declaration of a State of Emergency,and for such
time as that declaration may be extended.
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SECTION 8: If any provision of this resolution or the application thereof to any person or circumstance is
held invalid, such invalidity does not affect the other provisions or applications of the resolution
which can be given effect without the invalid provision or application, and to this end the
provisions of this resolution are severable.This City Council hereby declares that it would have
adopted this resolution irrespective of the invalidity of any particular portion thereof and
intends that the invalid portions should be severed and the balance of the resolution be
enforced.
PASSED: This /qday of ?''! 2020.
Mayor-City of Tigard
ATTEST:
01,
City Recorder-City of Tigard
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