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Board adopts ordinance to bar evictions for unpaid rent tied to COVID‑19; 10–1 vote
Summary
The Board passed an ordinance adding nonpayment of rent due to COVID‑19 as a defense to eviction and barring late fees and penalties tied to missed rent during the emergency. The vote was 10–1.
The San Francisco Board of Supervisors voted 10–1 on June 16 to adopt an ordinance that bars landlords from evicting tenants for nonpayment of rent when the tenant demonstrates the missed payment was caused by COVID‑19, and prohibits related late fees, penalties or interest for the covered period.
Supervisor Preston, the bill’s chief sponsor, said the change is intended to prevent “an avalanche of evictions” when the temporary moratorium expires. “No person should ever have to worry about being penalized with late fees or eviction” for unpaid rent caused by the pandemic, Preston said during debate.
The ordinance does not erase tenants’ debts. It treats unpaid rent that accrued during the emergency as a civil obligation — landlords may still pursue unpaid rent through civil collection or other legal remedies. Supporters said the measure will protect renters who face income loss, reduce homelessness risk and buy time for recovery programs. Supervisor Haney, among others, said the policy provides clarity and protections that will prevent a surge of immediate evictions.
Opponents and cautious members raised legal concerns. Supervisor Stephanie said she opposed the ordinance because it could face state and federal legal challenges, citing possible takings and contracts‑clause claims that a court might uphold. Several supervisors urged parallel efforts to create rent‑relief funding for small property owners and noted the need to avoid transferring a sudden financial burden solely onto smaller landlords.
Action and vote record - Motion: Adopt ordinance amending Administrative Code chapter 37 to add inability to pay rent due to COVID‑19 as a defense to nonpayment evictions and to prohibit late fees and other charges for the covered period. - Mover: Supervisor Preston; second: recorded. - Vote: 10 ayes, 1 no (Supervisor Stephanie); outcome: ordinance passed on first reading.
Clarifying details - The ordinance does not waive rent or cancel the debt; it removes eviction as an immediate remedy for unpaid rent accrued during the emergency. - Sponsor's estimate: majority of tenants have continued paying rent; landlords retain civil remedies to pursue unpaid rent.
Why it matters Supervisors said failing to act would likely result in large numbers of eviction notices and housing instability for households hardest hit by the pandemic. The ordinance aims to prevent displacement while city and state relief programs are organized.
What’s next Supporters urged the administration and Board to develop a relief fund to compensate small landlords who face income loss and to roll out outreach so tenants understand required documentation and protections.
Provenance Topic start: introduction of item 19 and sponsor remarks (transcript excerpt: “Item 19 is an ordinance to amend the administrative code to prohibit landlords from evicting residential tenants for non payment of rent that was not paid due to the COVID‑pandemic…”) (transcript index approx. s=5968–6019). Topic end: roll call and final vote on item 19 (transcript excerpt: “There are 10 ayes and 1 no with supervisor Stephanie in the dissent.”) (transcript index approx. s=7696–7742).
