Pat Davis, co-owner of KC BBQ, wears gloves during the coronavirus shelter in place. March 2020
BERKELEY, Calif. - In declaring COVID-19 an emergency of epic proportions, the city of Berkeley took an unprecedented step on Wednesday, voting unanimously to forbid evictions of all kinds.
That means during this state of emergency, no landlord can evict or anyone, whether it be an individual, a family or a business, large or small, because they can't pay their rent or mortgage if they can show they were affected by the shelter-in-place.
Mayor Jesse Arreguin said there are 5,161 businesses in the city, of which 70 percent have five employees or less. Of that number, he said, nearly 2,200 brick-and-mortar stores, which are considered "non-essential" businesses, which would mean they are likely closed.
"As far as I know, we are the first city to do this since the governor's executive order," Arreguin said. "But I'm sure, others will follow."
Brouhaha brewing over smoke at Berkeley BBQ joint
He stressed that this does not mean landlords will never get paid; they will once businesses are back on their feet. And he noted many landlords are already making voluntary agreements with their tenants. This ordinance, however, codifies the no-eviction policy into law.
"This is a good thing," said Shani Brown, office manager for the East Bay Rental Housing Association.
Kristen Davis, owner of KC BBQ on San Pablo Avenue, agreed. She said in her case, getting kicked out isn't what worries her, though.
"We have an amazing relationship with our landlord," she said.
Her famous down-home barbecue place is still open for business, even thought she has had to reduce the hours of her employees. That's the case with many of the other restaurants, too, she said.
But she's tried to adapt to the new reality of take-out food only, deep cleaning her restaurant every day, sealing up meals in special bags and ensuring all workers wear plastic gloves. She is even offering curbside pickup if customers want to pick up their beef brisket and short ribs.
At least one landlord said he would never evict someone who couldn't pay their rent during the outbreak.
"That would be unconscionable," said Marty Friedman, CEO of Friedman Corp.
As for what happens on April 1 when rent as well as his mortgage are due, Friedman said: "We'll have to see what's next."
In a perfect world, he said, all rents and mortgages would be forgiven during this crisis.
The new city law is a result of Berkeley, along with the rest of the Bay Area, ordering a shelter-in-place for more than 7 million residents, meaning that no one can go to work unless they provide an "essential" service.
People may leave to go to doctor's appointments, the grocery store and out for a walk, but all other outside movement is curtailed by legal order. Bars were asked to close and restaurants were asked to provide take-out food only. Nail salons, hair stylists and other types of non-emergency service workers were told to close their doors.
Berkeley's move is a direct reaction to what California Gov. Gavin Newsom's announcement on Tuesday, specifically telling local governments they had the power to halt evictions for commercial tenants, residential tenants, and homeowners who have been affected by COVID-19.
Newsom emphasized that the economic impacts of not being able to go into work could threaten to undermine housing security as many people are experiencing substantial income loss and might not be able to keep up with rents, mortgages and utility bills.
The Alameda County Sheriff's Office already said this week that deputies will. not be serving evictions.
In addition to the no-eviction ordinance, the city of Berkeley established a $3 million relief fund, which they hope will be matched by community members. Anyone who needs the money will have to submit a grant application to city staff.