Santa Clara Co.: Advocates urge county to forgive rent as end of eviction moratorium looms

While San Jose and the county have nixed the idea, a rent forgiveness policy could potentially be constitutional if it takes steps like forgiving landlords’ mortgage payments or offering them the equivalent backpay of rent, said Bob Solomon, clinical professor of law for the University of California, Irvine. “When government takes private property, as a general rule, it has to compensate the owner,” Solomon said. “Unless you’re going to provide for a full government takeover or a way for the landlord to be fully compensated, there are potential constitutional problems.”