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As a public interest law firm who has served the most vulnerable residents in Orange County for <br />close to 40 years, we are seeing firsthand the devastating impacts of COVID-19. As housing <br />lawyers, we have been working around the clock alongside community organizers and tenant <br />leaders to provide direct services and advocacy support in the midst of this terrible confluence of <br />a catastrophic public health disaster and a worsening crisis of housing instability and <br />homelessness. The simple fact is that residents of City of Santa Ana are only safer at home if <br />they can stay in their homes. Likewise, businesses are only able to thrive in the City of Santa <br />Ana if they are not faced with rent increases while they figure out how to rebuild and recover <br />from one of the most devastating economic downturns on record. We applaud the City Council <br />for taking the action, and being the first City Council in the County, to freeze rents to help its <br />neediest residents and businesses. Notwithstanding, our organizations continue to be inundated <br />with calls from tenants in Santa Ana who are receiving eviction notices, being locked out of their <br />homes, or threatened with violence, arrest, sheriff lockout, or in the case of our brethren who are <br />undocumented, threats of reporting them to ICE for removal, being intimidated or harassed, <br />coerced or forced to sign forms and produce documents with personal and private information, or <br />those who remain generally confused about their rights under the patchwork of new laws. Tens <br />of thousands more, who are unable to access legal services, are enduring the same conditions. <br />Contrary to the position submitted by the representatives of the Apartment Association in its <br />letter of April 23, we would submit that the Executive Order No. 2-2020 considered the impacts <br />on housing providers. This is because Executive Order No. 2-2020 did not suspend the collection <br />of any rent from the tenant. Instead, it temporarily froze the ability of the housing provider to <br />increase the rent, so that tenants are not forced into the untenable position of choosing between <br />life necessities, such as food and shelter, both of which are desperately important during this <br />pandemic. Before the freeze, we received calls from tenants whose landlords unlawfully <br />increased the rent in violation of existing state law, Civil Code sections 1946.2, and 827, <br />respectively, and then threatened the tenants with eviction if they did not pay the rent increase. <br />These attempts underscore the need for tenant protections as set forth by Executive Order No. 2- <br />2020. <br />In its letter of April 23, the Apartment Association goes further and states that the rent freeze will <br />impact their ability to maintain their properties. The City Council should understand that these <br />items: maintenance/supplies, and security are things that the members of the Apartment <br />Association are required to provide to their tenants under California lawn, regardless of whether <br />there was a rent freeze in place. As such, this should not be a basis to terminate the rent freeze. <br />Further, to help ameliorate the impact of the COVID-19 pandemic on the housing industry, the <br />City already prohibited foreclosures where a landowner is unable to pay his or her mortgage <br />during the pandemic. The rent freeze was necessary because COVID-19 pandemic has put at risk <br />' See Green v. Superior Court (1974) 10 CaUd 616 (du <br />ty and coven& <br />entire rental period); Civil Code § 1927 (providingty with implied covenant of quiet�e �obyment See also throughout the <br />C it <br />Code §1941.3 (CA landlords must properly secure all common areas of the rental property slid secure tenants' units <br />with deadbolts and window locks); Civil Code §1714 (Landlords have a duty to take reasonable steps to protect <br />tenants from the foreseeable criminal acts from another.) <br />601 Civic Center Drive West • Santa Ana, CA 92701-4002 • (714) 541-1010 • Fax (714) 541-5157 <br />lq, <br />