A. This Chapter applies to affected tenants of every commercial property located in the City of Culver City who accumulated back rent during the Moratorium Period and landlords of affected tenants.
B. This Chapter shall apply to every Notice of Termination, eviction notice, and unlawful detainer action for non-payment of Rent brought under Cal. Code of Civil Procedure §§ 1161 and 1161.1, seeking to recover occupancy of a commercial property occupied by an affected tenant, regardless of the date it is served or filed, if the commercial property has not been permanently vacated as of the effective date of this Chapter.
C. This Chapter shall not apply in cases where eviction is necessary to address an imminent and objectively verifiable threat to the health and safety of the affected tenant, or the affected tenant's employees, the landlord or the landlord's employees, or neighboring businesses or residents. In such cases, the landlord must give written notice to the affected tenant and to the Office of Cultural and Economic Development - Economic Development Division of the City of Culver City, describing in detail the nature of the imminent threat, the reason eviction is necessary to address the threat, and the steps taken by landlord to avoid eviction. The Economic Development Division may request additional documentation and may order suspension of the eviction process if it determines, in its reasonable discretion, that the eviction is unnecessary.
D. This Chapter does not in any way diminish, nullify or supersede provisions, including but not limited to, Force Majeure provisions, in the affected tenant's lease that entitle the affected tenant to additional protections, rights and benefits regarding the payment of rent and such provisions continue to be fully enforceable by the affected tenant according to their terms.
E. This Chapter does not in any way preclude a landlord from seeking payment, by other lawful means, of rent or back rent.
F. This Chapter does not apply to rent that became due prior to March 20, 2020 or after July 31, 2022.
(Ord. No. 2023-003 § 4)