[This post has been updated to reflect the Mayor’s August 25, 2020 extension of the eviction moratorium and the Board’s legislation permanently banning evictions for non-payment.]
San Francisco Tenant Protections During the Covid-19 CrisisTemporary Eviction Moratorium San Francisco has banned all evictions until at least November 30, 2020. The eviction ban does not apply if the owner can show it is necessary to recover possession due to violence, threats of violence, or health and safety issues. The eviction ban also does not apply to Ellis Act evictions. Specifically, the eviction ban applies if the effective date of the notice of termination would fall within two months after the date the Mayor’s Emergency Declaration expires. The Order has been extended and is currently set to expire on September 30, 2020. Therefore the eviction ban extends through November 30, 2020. These dates may be extended by Order of the Mayor. This temporary eviction ban applies to all units in San Francisco. Limitations on Evictions for Non-Payment to Provide Tenants Additional Time to Pay Rent There are two independent protections against eviction for non-payment: The Mayor has issued an executive order temporarily limiting evictions for non-payment during the Covid-19 crisis and the Board of Supervisors has enacted legislation permanently limiting evictions for non-payment for rent payments that were due during the Covid-19 crisis. Because there is a possibility that the permanent ban on evictions may not hold up in court, both protections are detailed here. The Mayor’s Executive Order Temporarily Limiting Evictions for Non-Payment By executive order of the Mayor, San Francisco has extended the time tenants have to pay rent by restricting evictions for nonpayment during the COVID-19 crisis. A landlord is prohibited until at least March 31, 2021 from evicting a tenant for a missed rent payment that was due during the COVID-19 emergency if the tenant was unable to pay due to financial impacts of COVID-19. To qualify for this protection, the following two conditions must be met:
- the missed rent payment must have been due between March 13, 2020 and the date the Order expires or is terminated (the Order is currently set to expire on September 30, 2020, but may be extended); and
- the tenant was unable to pay due to financial impacts of COVID-19, where “financial impacts” means a substantial loss of household income due to business closure, loss of compensable hours of work or wages, layoffs, or extraordinary out-of-pocket expenses. A financial impact is “related to COVID-19” if it was caused by the COVID-19 pandemic, the Mayor’s Proclamation, the Local Health Officer’s Declaration of Local Health Emergency, or orders or recommended guidance related to COVID-19 from local, state, or federal authorities.
The prohibition lasts until six months after the Order expires or is terminated. The Order is currently set to expire on September 30, 2020; therefore the prohibition on evictions for non-payment currently extends to March 31, 2021. This prohibition on evictions for non-payment applies to the following types of units: (1) all units covered by the San Francisco Rent Ordinance, including single-family homes, new construction, and owner/master tenant-occupied units; (2) all residential units in residential hotels regardless of how long the unit has been occupied; and (3) all units where the rent is controlled or regulated by the City. The tenant is still obligated to pay rent. Eventually, all rent must be paid or the tenant may eventually face eviction for non-payment. The tenant has until six months after the Order expires or is terminated to pay any past due rent that was due during the COVID-19 emergency. For example, if a tenant missed her May 1, 2020 rent payment, but repaid the rent prior to March 31, 2021, the landlord cannot evict the tenant for non-payment or late payment. Tenants should notify their landlords if they are unable to pay and should provide supporting documentation. However, failure to provide notice and/or documentation does not affect a tenant’s ability to claim these protections. Although payment plans are encouraged, a payment plan cannot shorten the six-month repayment period or waive any of these protections against evictions for nonpayment. Any such waiver is void and unenforceable. Additionally, a landlord may not impose late fees or interest on unpaid rent during the COVID-19 emergency. The Board of Supervisor’s Legislation Permanently Banning Eviction for Nonpayment Under the Board’s legislation, a landlord is permanently prohibited from evicting a tenant for a missed rent payment that was due during the COVID-19 emergency if the tenant was unable to pay due to financial impacts of COVID-19. To qualify for this protection, the following two conditions must be met:
- the missed rent payment must have been due between March 13, 2020 and the date the Order expires or is terminated (the Order is currently set to expire on September 30, 2020, but may be extended); and
- the tenant was unable to pay due to financial impacts of COVID-19, where “financial impacts” means a substantial decrease in household income that was caused by the Covid-19 pandemic and is documented.
This prohibition on evictions for non-payment applies to all units covered by the San Francisco Rent Ordinance, including single-family homes, new construction, and owner/master tenant-occupied units. The legislation does not relieve a tenant of the obligation to pay rent. However, the landlord cannot evict for non-payment. Additionally, a landlord may not impose late fees or interest on unpaid rent during the COVID-19 emergency. And, a landlord may not evict a tenant for nonpayment of late fees or interest. If you have questions about your tenant rights during the coronavirus crisis, contact our office at 415-294-4111 to speak to an experienced tenant lawyer. Resources: The Mayor’s April 30, 2020 Twelfth Supplement can be viewed here: Twelfth Supplement. The Mayor’s June 26, 2020 extension can be viewed here: June 26, 2020 extension. The Mayor’s July 27, 2020 extension can be viewed here: July 27, 2020 extension. The Mayor’s August 25, 2020 extension can be view here: August 25, 2020 extension. The Board’s legislation permanently banning evictions for non-payment can be viewed here: Ordinance No. 93-20.