San Francisco’s Board of Supervisors unanimously passed legislation extending the current eviction moratorium on residential evictions in San Francisco until March 31, 2021. The mayor is expected to sign the ordinance to extend the Eviction Moratorium.
What Does The New Eviction Moratorium Do?
The new legislation extends tenant protections that have already been put in place for San Francisco tenants who have been impacted by the pandemic.
Nuisance Theory & Ellis Act Evictions
Such protections afforded under the new law continue to limit evictions to those that are necessary due to violence, threats of violence, health and safety issues, evictions due to unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due between March 1, 2020 and January 31, 2021 (with the exception of nonpayment of rent evictions in San Francisco, despite being allowed in other counties), or when a landlord removes the housing from the rental market under an Ellis Act proceeding.
For landlords intending to pursue an eviction outside of these reasons, they will now have to wait. As for tenants who were at risk, they are given some temporary relief until the moratorium expires.
However, as most landlords and tenants are beginning to understand, rapid changes are constantly happening. What protections are given at one moment can be swiftly modified shortly thereafter.
Does San Francisco’s Ban Affect The COVID-19 Tenant Relief Act (CTRA)?
There is debate if the legislation exceeds CTRA’s authority, which limits local jurisdictions from passing new protections. Legal challenges are expected to be raised and litigated in court. Whether the law is to be upheld or determined to be pre-empted by CTRA, remains to be seen.
For now, we are to assume San Francisco’s extended protections will go into effect soon.
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