Eviction Moratorium for COVID Nonpayment After June 2021 Preempted by State Law Except as Allowed by the CDC Order
State law was extended and preempts the below except the CDC order on 8/3/21 allows for the greater protection of local law through 10/3/21:
The San Francisco Board of Supervisors extend the local eviction moratorium for nonpayment due to COVID which does not remove the requirement to pay 25% of rent by the end of June 2021 for rent due October 2020-June 2021. Supervisor Dean Preston introduced two-part legislation that seeks to extend local eviction protections through the end of the year. He presented part one on Tuesday, which shields renters from nonpayment evictions for 60 days and prohibits late fees or other punishments landlords might impose on tenants. Preston said he’ll pursue more encompassing legislation in the coming weeks.
Summary from the SF Anti-Displacement Coalition:
- Currently, tenants in SF are covered by state law (SB 91), set to expire June 30, 2021:
- The part one of the legislation that just passed the board will last for 60 days from the day the mayor signs it, which means it will likely be in effect through sometime in the middle of August.
- The medium-term legislation (part two) will last until December 31st, but in order for it to go into effect by August, it needs to be moving ASAP. As a result, it will be heard in a special Friday Land Use meeting on June 18th at 10am. There is an ask for us to turn out for public comment.
- The emergency ordinance does not require tenants to pay 25% of rent to be protected, but the medium term ordinance will (this was a decision we made to make it more likely to survive a court challenge), and the medium term ordinance will specify that the 25% includes July and August rent. So, the advice to tenants should be to be prepared to pay 25% of July-Dec rent by the end of the year.