SF Eviction Moratorium Remains In Place After Big Legal Victory

Image: Rick via Creative Commons

Landlords sued San Francisco over the eviction moratorium, and landlords just lost. The San Francisco Apartment Association filed a lawsuit last week in San Francisco Superior Court, according to KQED, claiming that the eviction moratorium was unconstitutional, and hell yes they were ready to start evicting tenants during a pandemic and recession on August 1. But that’s not going to happen, as Judge Charles Haines just shot their shit down, and the eviction moratorium remains in place.

Under the San Francisco Temporary Eviction Moratorium, a landlord cannot evict a residential tenant for nonpayment of rent until February 28, 2021, and that is likely to get extended as well. Mayor Breed updated the ordinance on July 27, and she will likely continue doing so every month until we’re out of this thing, as she has each of the last four months. 

EDC intervened in the lawsuit challenging the legality of Tenant Protection Act. Today @SFSuperiorCourt ruled: "[TPA] is a permissible exercise of the City and County of San Francisco's police power…." Tenants survived the first battle! Way to go @sfgov & @sfbos! #evictions pic.twitter.com/5G8N8900GQ

— Eviction Defense Collaborative SF (@evictiondefense) August 3, 2020

The legal decision is seen above. Judge Haines ruled that “The ordinance does not compel any uncompensated physical occupation of property,” because you do have to pay that rent eventually. 

BREAKING: Court Strikes Down Landlord Challenge to COVID Eviction Protections. Ruling keeps in effect legislation to permanently ban eviction for COVID-related nonpayment of rent.

— Dean Preston (@DeanPreston) August 3, 2020

Mayor Breed originally declared the eviction moratorium on March 23, and then the Board of Supervisors passed the COVID-19 Tenant Protections Ordinance that allows the moratorium to be extended more or less indefinitely until the pandemic is over. 

“This is a resounding victory for vulnerable tenants in San Francisco,” District 5 supervisor Dean Preston said on Twitter. “I have said from the start, we will not stand by and watch thousands of San Franciscans become homeless because of a pandemic they cannot control, and I’m proud that our legislation has been vindicated in court.”

Absent our legislation, when the eviction moratorium expires, there would have been thousands of filings to give tenants notice that they have 3 days to pay or quit. The NY Times recently predicted an “avalanche of evictions,” unprecedented in scale and irreparable in its harm.

— Dean Preston (@DeanPreston) August 3, 2020

Remember that under the eviction moratorium, you still do ultimately have to pay your back rent. To get the protections, you also have to inform your landlord in advance that you won’t be paying rent, and you have to provide documentation that you’ve lost work due to COVID-19. If this applies to you, check out our templates for writing your landlord a letter and other legal advice.