“Fault” Evictions Not Based on Unpaid Rent Starting December 1, 2020

Starting December 1, 2020, fault evictions not based on unpaid rent may proceed subject to the San Francisco Rent Ordinance. “No fault” residential evictions — including owner move in, capital improvements, and demolition evictions but not including Ellis Act evictions — are banned through March 31, 2021. In addition, the CDC Order prohibits nearly all evictions for covered tenants until January 1, 2021, and allows a declaration to be provided to the landlord at any time (more information is available here).

“Covered person” means any tenant or resident of a residential property who provides to their landlord a
declaration that:

1. The individual has used best efforts to obtain all government assistance for rent or housing;
2. The individual either
   • (i) expects to earn no more than $99,000 for 2020 (or no more than $198,000 for a joint tax return),
   • (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or
   • (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
3. The individual is unable to pay the full rent due to substantial loss of income, or extraordinary out-of-pocket
   medical expenses;
4. The individual is using best efforts to make timely partial payments;
5. Eviction would likely make the individual homeless or force the individual to live in close quarters in a new shared living setting.