Updated Mayor’s Order for COVID-19’s Impact on Tenants

The Mayor has issued another order which adds:

1. Clarity that it also applies to affordable housing providers who are exempt from the Rent Ordinance because their rent is controlled or regulated by the City. (1(a))
2. A step before the landlord can just start a non-payment proceeding after 30 days:
   • “If the tenant does not pay the rent at that time, the landlord must inform the tenant of the breach in writing, and the landlord and tenant shall then attempt to discuss the matter in good faith in order to develop a payment plan for the tenant to pay the missed rent.” (1(c))
   • “During the six-month period, a landlord may request documentation of the tenant’s ongoing inability to pay, and the tenant shall pay if able to do so, but under no circumstances shall a tenant’s failure to timely respond to a follow-up request for documentation invalidate the six-month extension period (1(e))
3. A re-set on the 30 days clock from March 23, 2020 (1(d))
4. No more no-fault evictions (2), including Ellis Act evictions if Governor lifts that preemption, applies to anything within 2 months of end of order.
5. The Rent Board is directed to make a form that landlords have to include with an eviction notice to explain these protections. (1(g))