Martire Law, San Jose Attorney at Law Lino Martire

On May 13, 2020, proposed California Senate Bill No. 939 was amended to not only prohibit landlords from evicting commercial tenants during the pendency of the COVID-19 state of emergency, but to extend protections to certain qualifying tenants permitting express rent reduction negotiation rights and lease termination rights. Unlike the eviction moratorium restrictions imposed in many counties and cities across the state, tenants are not required to show financial losses rela...ted to COVID-19; all commercial tenants are shielded from eviction. In addition, the bill gives a subset of commercial tenants express negotiation and termination rights. Bullet points of SB 939 Landlords would be restricted from pursuing eviction proceedings or imposing late fees for all commercial tenants during the state of emergency, and for qualifying tenants, required to negotiate rent reductions, if requested. A tenant afforded negotiation and termination rights would have to operate primarily in California and be a small business or an eating or drinking establishment or an entertainment or performance venue suffering a COVID-19-related decline in revenue or capacity. If the parties fail to reach an agreement following a qualifying tenant’s rent reduction request, the tenant may terminate the lease and its liability for prior rent due would be limited.

Santa Clara County health officials announced Monday they will amend the shelter-in-place order to allow in-store retail, outdoor dining, childcare for all families as well as religious, cultural and civic activities previously prohibited to reduce the spread of COVID-19. This amended order will take effect June 5, 2020. With the revised order effective Friday, Public Health Officer Dr. Sara Cody said progress with testing, new cases and hospitalizations permitted the eased ...restrictions. While the Bay Area has moved slower in easing orders than other parts of California and the U.S., the new changes supersede at least two previous shelter-in-place revisions to Cody’s original March 16 order. Below is a link which describes business categories and the current status of each category as it relates to opening. https://www.sccgov.org//Health-Order-List-of-Open-Business

Commercial landlords and tenants should take note. On March 24, 2020, in further response to COVID-19 and the resulting economic downturn, the County of Santa Clara placed a moratorium on commercial evictions. The ban applies to all commercial evictions where the tenant can demonstrate a "substantial decrease in business income caused by a reduction in opening hours or consumer demand" as a result of COVID-19 and the government's response thereto. Other counties and municipal...ities, including San Mateo County, San Francisco and Oakland, have passed similar measures. The county's commercial eviction moratorium may have an enormous impact on your relationship with your landlord or tenant, as well as on your bottom line. Savvy landlords and tenants impacted by COVID-19 and the government's response will need to consider whether abatement, deferment, or a specific payment schedule, or even rescission of the lease, may be right for their situation. Nevertheless, given the potentially grave consequences for running afoul of the ordinance's provisions, before taking any steps, interested parties should call our office to set up a consultation to discuss how the county's commercial eviction moratorium may impact them.

Great sportsmanship

http://www.bizjournals.com//in-cupertino-growth-goes-to-th Although the last major developer promoted ballot measure was Sand Hill's 2014 Los Gatos Netflix project, this year Cupertino will be faced with competing pro-development and anti-development ballot measures. Is this the new normal in Silicon Valley?

Huge redevelopment news. West San Jose retail staples going by the wayside - with new office, residential and retail taking its place. It is likely to include more than 300,000 square feet of office, about 870 apartment units, and 15,000 square feet of retail. Can't wait to see the traffic impact studies!

What is the A's plan "B"? http://www.bizjournals.com//whats-next-for-san-jose-ballpa

Where's the golf course!!!! http://www.bizjournals.com//vallco-plans-revealed-30-acre-

A temporary win for the anti-growth lobby, or a loss for affordable housing advocates? http://www.bizjournals.com//san-jose-councilresidential-re

Sand Hill expands its footprint in Cupertino. With it, the possible creation of a "new" downtown Cupertino has begun. http://www.bizjournals.com//developer-buys-anchor-stores-a

Interesting design and concept for this proposed 777,000 square foot office development in Sunnyvale. Which single tenant user will occupy this building? http://www.mercurynews.com//sunnyvale-tech-campus-developm

The De Anza will be receiving some well deserved TLC from Lowe Enterprises. The De Anza, built in 1931 by Carl Swenson, is a wonderful landmark in SJ and part of the view from my office. Cant wait to see the hotel thrive anew. http://www.bizjournals.com//lowe-enterprises-buys-hotel-de