San Francisco’s Temporary Moratorium on Evictions

Hi Neighbors -

There are currently moratoriums on evictions for both residential and commercial tenants in San Francisco. There are certain steps you need to take to qualify, however. As a Renter myself, I know how important these moratoriums are in this difficult moment. Please note that the information below is not legal advice and I encourage you to do your own research, but I wanted to share some resources on this topic.

For Residential Tenants

From MOCD -

On March 13, 2020, Mayor Breed issued an Executive Order imposing a temporary moratorium on eviction for non-payment of rent by residential tenants directly impacted by the COVID-19 crisis. The Order will last 30 days unless extended by the Mayor. If a tenant misses a rent payment that becomes due while the Order is in effect, the Order will temporarily suspend a landlord’s right to evict for that missed payment under Section 37.9(a)(1) of the Administrative Code, PROVIDED THAT the tenant follows the two-step process detailed in the Order and clarified in this Guidance.

STEP TWO: DOCUMENTATION

DOCUMENTATION WITHIN SEVEN (7) CALENDAR DAYS OF PROVIDING EACH NOTICE REQUIRED IN STEP ONE, THE TENANT MUST PROVIDE THE LANDLORD OR THEIR DESIGNEE DOCUMENTATION THAT DUE TO FINANCIAL IMPACTS OF COVID-19, THE TENANT IS UNABLE TO PAY RENT.

  • This requirement may be satisfied with a letter, email, or other written communication that explains the financial impact that the tenant is experiencing. The explanation should be objectively verifiable. Third-party documentation is not necessary to satisfy this step, but tenants are advised to provide supporting documents.

  • The definition of “financial impact” would include reduced income due to factors such as work hours, temporary business closure or slowdown, or layoffs, and/or increased out of pocket medical expenses related to COVID-19.

STEP ONE: NOTICE

WITHIN THIRTY (30) CALENDAR DAYS AFTER RENT WAS DUE, THE TENANT MUST PROVIDE NOTICE TO THE LANDLORD OR THEIR DESIGNEE THAT THE TENANT IS UNABLE TO PAY RENT DUE TO FINANCIAL IMPACTS RELATED TO COVID-19.

  • Tenants MUST provide notice EVEN IF they have not received a late notice or “notice to pay or quit,” for EACH rent payment that they miss while the Order is in effect.

  • It is advisable, though not required, for the tenant to provide notice in writing.

  • The date rent is due is considered to be the monthly date parties have established as a matter of habit. For example, if the lease agreement indicates rent is due on the first of the month, but the longstanding pattern has been the seventh of the month, then the seventh of the month is considered to be the date rent is due.

Sample Notices To Use

Legal Assistance to the Elderly has provided the following sample notifications in multiple languages.

The following organizations can be of further support - Housing Rights Committee, Eviction Defense Collaborative, and SF Tenants Union.

 

For Commercial Tenants

Update - This has been extended to May 17, 2020. More information.

Press Release - This commercial eviction moratorium will apply to businesses with a license to operate in San Francisco that have less than $25 million in annual gross receipts. The small and medium-sized business eviction moratorium will be in effect for 30 days, and can be extended by the Mayor for another 30 days through an Executive Order. If the Local Emergency declared by the Mayor is rescinded at any point, the moratorium will cease to be in effect.

The Golden Gate Restaurant Association has added the following guidance - “Reminder you MUST notify your landlords BEFORE April 1st if you will not be able to pay rent on April 1st, and provide financial information to back this up.”