On February 2, 2021 the Pima County Board of Supervisors addressed an agenda item titled eviction prevention. There was no information provided in writing, thereby making it impossible for the public to address the topic in writing prior to the meeting, and a vote was taken on an oral motion. Pursuant to this oral motion the Pima County Board of Supervisors voted to extend CDC Eviction Moratorium Protection to tenants being evicted for noncompliance issues unless the issue was criminal activity. The Property Management and Landlord community has been busy trying to determine what happened and why.
While many people, including myself, believe the Board does not have the authority to enact this restriction on evictions, because the motion was verbal it is unclear exactly as to what this means for Pima County Landlords and Tenants. Various landlord groups have sprung into action addressing letters to the Pima County Board of Supervisors and many Landlords and their advocates plan to attend the March 2nd board meeting to address the Board regarding this issue.
If the CDC Protections are extended to tenants for noncompliance issues some of the following issues would leave landlords with no way to remove a tenant for the following conditions:
- If a property has gym or common area where masks are required (as Pima County has requested) a Landlord could not evict a tenant who refuses to wear a mask in this common/public area.
- If a tenant is causing a health and safety issue, such as a hoarding situation, a cockroach infestation etc, the landlord could not evict the tenant and therefore clean the property to protect the neighboring units.
- If an unauthorized occupant moves into a unit and this individual poses a risk to the surrounding community, the landlord cannot evict the tenant and thereby remove the unauthorized individual who may be putting the community at risk. (Unauthorized occupants who may pose a risk include a pedophile, someone with a criminal record or someone hiding from the police.)
These are only a few brief examples of the risks this provision could create. It is imperative that the Landlord and Property Management Community reach out to our Pima County Supervisors and ask that they reconsider the extension of this “eviction ban.” It is also imperative that landlords represent their positions at the March 2, 2021 Pima County Board of Supervisors Board Meeting.
While I am sure the Board had the best of intentions, the manner in which this item was presented left the board with very limited information prior to their vote. Furthermore, the action taken leaves not only landlords but our community as a whole in a precarious position. Landlords cannot take action to protect others in their residential community from violations of a lease agreement that exist to protect not only the landlord but those around the tenant.
Please reach out to your Pima County Supervisor and ask that they reconsider this important issue at the March 2, 2021 Board Meeting and please provide the Board members with information regarding the potential harm this act could have on our community.
District 1: Rex Scott 520-724-2738 firstname.lastname@example.org
District 2: Matt Heinz 520-724-8126 email@example.com
District 3: Sharon Bronson 520-724-8051 firstname.lastname@example.org
District 4: Steve Christy 520-724-8094 See https://webcms.pima.gov/cms/One.aspx?portalId=169&pageId=6242 for email addresses.
District 5: Adelita Grijalva 520-724-8126 email@example.com