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Supervisor Preston introduces emergency ordinance to bar COVID-related evictions beginning Feb. 1
Summary
Supervisor Preston introduced an emergency ordinance to prohibit evictions for nonpayment of rent that becomes due Feb. 1, citing uncertainty about state action and local need to act promptly; the ordinance would not forgive rent but would block evictions and late fees for COVID-related nonpayment during the ordinance period.
Supervisor Preston introduced an emergency ordinance on Jan. 19 that would prohibit evictions for nonpayment of rent that becomes due starting Feb. 1, 2021, if the tenant—s inability to pay is COVID-related. Preston framed the measure as substantially similar to an earlier local ordinance that protected tenants for rent due April through September 2020 but said the new ordinance is necessary because of uncertainty about state-level legislation and timing.
Preston told colleagues the federal Families First Coronavirus Response Act—s expanded paid-leave provisions have expired, and that state-level protections (Assembly Bill 3088) were uncertain in scope and duration; he said local action is needed now because of the scale of rental arrears. Citing the city—s budget and legislative analyst, Preston said San Franciscans face as much as $32 million per month in unpaid COVID back rent, and emphasized that the ordinance would not relieve tenants of ultimate liability for unpaid rent but would prevent eviction for the covered period and bar landlords from collecting late fees for delayed rent as defined in the ordinance.
Preston asked colleagues to support rapid introduction and passage to provide immediate local protections while state-level negotiations continue. Several supervisors signed on as cosponsors during the meeting; Supervisor Chan explicitly asked to be added as a cosponsor. As introduced, the ordinance is an emergency measure for rapid consideration; no final vote on the ordinance occurred during the special meeting.
The ordinance as described contains elements similar to prior local emergency eviction protections: a prohibition on eviction for qualifying COVID-related nonpayment of rent that becomes due within the covered dates, and restrictions on landlords charging late fees for covered rent. Implementation details, eligibility documentation and the ordinance—s duration were not finalized at the hearing and will require subsequent committee review and action.
