Mayor’s Extension for Nonpayment of Rent and Evictions May Be Preempted
- The federal moratorium of 9/1/20 extends the eviction moratorium and may preempt the state moratorium passed 8/31/20.
- If allowed to stand, the Mayor’s extension of the order prohibited evictions for nonpayment if the tenant was unable to pay due to financial impacts of COVID-19 between March 13, 2020 through September 30, 2020 until six months after the order expires (the eviction cannot occur until March 31, 2021 since the order currently expires at the end of September 30, 2020), regardless of whether the tenant notified the landlord or provided documentation.
- The tenant is still nominally required to provide notice and documentation (with no requirement as to when), but failure to do so does not affect the tenant’s ability to claim the eviction protection described above. (It would be safer to provide documentation if possible.)
- The effective date for termination of tenancy, except due to the Ellis Act and for the health of others, cannot be earlier than November 30, 2020.
- Any payment plan a tenant agrees to cannot waive the tenant’s right to these eviction protections.
- No late fees allowed for these delayed rent payments.
- Exceptions for subsidized housing.
On April 30, 2020, the Mayor issued an order (twelfth supplement (downloads as a pdf)) relating to eviction protections for most residential properties (some subsidized housing exempt). It substantially replaced the previous protections.
Fact Sheet for Mayor’s Orders
SF Gov Info on Evictions and Rent Increase Moratoriums Due to COVID-19
