Statement Regarding Eviction Ban
Today is the final day of our Covid-related eviction ban in San Francisco.
Our decisive local action during the pandemic caused eviction rates to plummet and saved thousands of San Franciscans from eviction and homelessness. My office led this work on the Board of Supervisors, and I’m proud of how our City came together to prevent the Covid health crisis from becoming an eviction crisis. Through these efforts, San Francisco had the lowest eviction rate of cities across California, and raised more money locally for rent relief than any other City. We should be proud of this record and continue doing everything possible to reduce evictions and alleviate rent debt.
The law I authored in 2022, and extended in 2023, continues to ban eviction for nonpayment of rent that was due between July 1, 2022 through August 29, 2023. Our Ordinance permanently took eviction off the table for Covid-related nonpayment of rent, broadly defined. To be clear, with respect to rent due before August 29, 2023, those eviction protections continue to apply forever.
What changes now is that the pandemic era eviction ban will not cover rent payments that become due after August 29, 2023. If you cannot pay rent, or if you have received any type of eviction notice, you should get help from a tenant counselor or tenant attorney immediately.
Several laws and programs remain in effect.
No eviction for rent over 1 year old per state law. State law bans eviction for rent that is over a year old (CCP 1161(2)). That rent may still be owed by the tenant, and a landlord can seek payment from a deposit or through a small claims court action, but the nonpayment of that rent cannot be used to commence an eviction.
No eviction for rent in the last year per local ordinance. Our local ordinance banned eviction from July 1, 2022 to August 2023 for covid-related nonpayment, broadly defined. That rent may still be owed by the tenant, but nonpayment of that rent cannot be used to evict, and late fees cannot be imposed.
Right to Counsel. San Francisco has the strongest right to counsel program in the nation thanks to voters passing Prop. F at the ballot. I’ve worked with advocates to make sure it’s funded every year since I took office. As a result, any tenant who receives an eviction notice has a right to a free attorney. For more information, contact the Eviction Defense Collaborative.
Back Rent Relief. We taxed the rich to fund rent relief programs in San Francisco, raising more money than any other California City. To date, thousands of renters have received assistance through this program, helping them stay in their homes. That program, known as ERAP, is still taking applications, with $28m remaining in the fund. For more information, visit sf.gov.
During the pandemic, we also passed a law to create a 10-day warning period before certain evictions can occur. This law was upheld as to certain evictions, like breach of contract and nuisance evictions, but struck down as to nonpayment evictions. The City has appealed that ruling. Accordingly, for rent controlled tenants, there remains only a three day notice for nonpayment eviction, unless and until the Court reinstates the new 10 day requirement.
Our pandemic eviction response prevented mass evictions and homelessness. We were told the sky would fall if we banned evictions, and that thousands of landlords would end up in bankruptcy. None of that happened. Landlords and tenants - with the assistance of the government - found ways to address rent debt without eviction, and eviction rates fell to their lowest level in decades. That’s how it should be. I look forward to continuing to reduce evictions and promote housing stability as we move beyond the pandemic responses.