Residential Eviction Protections Due To COVID-19 Extended Through 12/31/21

November 17, 2021

On November 30, 2020, Rent Ordinance Section 37.9 was amended pursuant to Ord. No. 216-20 to prohibit landlords from evicting residential tenants until April 1, 2021 (later extended through September 30, 2021), unless the eviction is based on the non-payment of rent, the Ellis Act, or is necessary due to violence-related issues or health and safety issues. On November 12, 2021, the Mayor of San Francisco signed legislation passed by the Board of Supervisors to extend these eviction protections through December 31, 2021.

The legislation amends Ordinance Section 37.9(n), effective December 12, 2021, as fully set forth below.

(n) Additional Just Cause Requirements Due to COVID-19.

                        (1) No landlord shall endeavor to recover possession of a rental unit on or before December 31, 2021 unless necessary due to violence, threats of violence, or health and safety issues. This limitation shall be in addition to the just cause requirements set forth in Section 37.9(a), and shall apply to all rental units, including those that are otherwise exempt from just cause requirements pursuant to Section 37.9(b). However, this additional limitation shall not apply to 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 March 31, 2022, inclusive; or to evictions under Section 37.9(a)(13).

                        (2) The protections in subsection (1) shall also apply to units where the rent is controlled or regulated by the City, notwithstanding Section 37.2(r)(4), including without limitation privately-operated units controlled or regulated by the Mayor’s Office of Housing and Community Development and/or the Department of Homelessness and Supportive Housing.

                        (3) This Section 37.9(n) is intended to limit evictions until January 1, 2022, and shall therefore apply to all residential dwelling units described in subsections (1) and (2), including but not limited to those where a notice to vacate or quit was pending as of the date that this Section 37.9(n) first took effect and regardless whether the notice was served before or after September 15, 2020.

                        (4) This Section 37.9(n) shall expire by operation of law on January 1, 2022, unless extended by ordinance. Upon expiration, the City Attorney shall cause this Section 37.9(n) to be removed from the Administrative Code.