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Supervisors continue tenant eviction protections ordinance after state preemption questions
Summary
The Board continued an ordinance that would extend eviction protections for nonpayment of rent through the end of 2021 pending city‑attorney review of whether state eviction provisions preempt local action beyond September 30, 2021. The motion to continue to Sept. 7 passed unanimously.
The Board of Supervisors on July 13 unanimously moved to continue consideration of an ordinance that would prohibit residential landlords from evicting tenants for nonpayment of rent for rent that came due between July 1 and December 31, 2021, where tenants had paid at least 25% of rent owed and to prohibit late fees and penalties for the covered period.
Supervisor Dean Preston said the city attorney was reviewing whether elements of the ordinance would be preempted by recent state action. He explained that the state’s eviction protections extend only to September 30, 2021, and include preemption language that may prevent the city from imposing longer local protections. Preston moved to continue the item to September 7 while the city attorney’s office completes its review. The motion was seconded by Supervisor Peskin and the roll call vote recorded 11 ayes — the motion to continue carried unanimously.
Supervisor Shamann Walton, presiding, and other supervisors expressed disappointment that the state preemption might limit the city’s ability to extend protections further into the year. Several supervisors thanked Preston for coordinating with the city attorney on the legal analysis.
The clerk read the ordinance summary into the record and the item was continued without final action while legal staff review potential preemption and any discrete sections (such as prohibitions on late fees) that may survive the state language.
