Local disaster declaration to end, eviction delay ordinance expires June 30 following council vote

The city of San Marcos in a press release announced that Tuesday, May 16, the city council took action and voted 4-to-2, with one council member abstaining, to end the declaration of a local state of disaster that was originally issued in March 2020.

Abstaining was council member Alyssa Garza, who expressed her concerns that the move would hurt those still having trouble paying rent this spring. Many leases will expire at the end of July. Garza said she has heard from constituents who are worried about possible evictions jeopardizing the ability to find housing.

Affordable housing is an issue facing San Marcos and many Central Texas communities. The declaration will be terminated effective June 30.

City officials said the declaration gives council the authority to address health and safety concerns related to the COVID-19 pandemic.

The council adopted an ordinance in April 2020 requiring landlords to provide tenants a 90-day notice prior to issuing a notice to vacate if the tenant’s delinquency on rent payments is related to the impacts of COVID-19. The delay provided tenants the opportunity to cure overdue rent, fees, or other charges associated with the tenant’s lease before the tenant loses housing.

The eviction delay ordinance was to be effective for the duration of the declaration of a local state of disaster.

The expiration of the City’s eviction delay ordinance will not impact notice requirements or other due process afforded to renters at risk of eviction as prescribed in State law.

The Daily Record will look at this in depth starting Tuesday.