San Francisco committee forwards permanent ban on COVID-era nonpayment evictions to full Board after hours of public comment

San Francisco—s Land Use & Transportation Committee voted Tuesday to send Supervisor Dean Preston—s eviction-protection ordinance (File No. 200375) to the full Board of Supervisors with a positive recommendation after an extended public-comment period that featured hundreds of callers.

Preston said the measure would add to Chapter 37 of the Administrative Code a defense to eviction for nonpayment when the unpaid rent "arose out of a substantial decrease in household income or substantial out-of-pocket expenses caused by the COVID-19 pandemic" and is documented. "No one who can't pay their rent on time because of a global pandemic . . . should ever have to worry about being penalized with late fees or eviction," Preston said in his presentation to the committee. The proposal would also prohibit late fees and other charges on delayed rent and make delayed rent debt recoverable as consumer debt rather than grounds for removal from a home.

Why it matters: Sponsors and supporters say the ordinance is intended to prevent a wave of evictions when local and state moratoria end, which advocates warn would deepen homelessness and worsen public health outcomes during the pandemic. Opponents, including many small landlords who called during public comment, said the ordinance places an unfair, potentially existential burden on mom-and-pop property owners and urged the city to create targeted rent-relief funding instead.

What the ordinance would do: The ordinance, as explained by Preston, would (1) prevent landlords from filing evictions based on nonpayment of rent that was due during the state of emergency if a tenant documents COVID-related financial hardship; (2) prohibit late fees, penalties and interest on delayed rent arising from the declared emergency; and (3) clarify that the tenant—s obligation to pay the rent is preserved — the unpaid balance would become a consumer debt that landlords could pursue in civil court but not use, the ordinance says, to evict.

Support and amendments: Preston read a list of endorsing organizations and said he will introduce an amendment expressing the Board—s intention to create a rent-relief fund by separate legislation. In committee, members accepted non-substantive cleanup amendments and a clerical package advised by the City Attorney. Committee members emphasized that the ordinance does not forgive debt and that tenants must show that the missed payments were COVID-related and documented.

Public comment: More than 70 callers were taken before the committee recessed its public-comment period. Tenants, tenant-rights groups, unions, housing advocates and clinicians called in to urge approval, warning of mass displacement and increases in homelessness and health risks if back rent becomes immediately enforceable through evictions. A sampling of public comments: - "We know a tsunami is coming," said Scott Weaver of the Eviction Defense Collaborative, urging passage to avoid a tidal wave of evictions. (public commenter) - "Many of these families working multiple jobs . . . will not be able to catch up [within six months]," said Abe Field, who said he distributes rental assistance and supported the measure. (public commenter)

Counterarguments from landlords: Dozens of small-property owners and representatives said the ordinance would make it nearly impossible to recoup unpaid rents, put owners at risk of foreclosure and push long-term, local owners to sell to large investors. Several callers urged a means-tested program or a time-limited forbearance instead and pointed to mortgage-forbearance and federal or state relief as alternatives.

Committee action: After a sustained public-comment period and discussion, Supervisor Preston moved, and the committee adopted, the sponsor—s amendments and voted to forward the ordinance to the full Board for consideration on June 9, 2020. The roll call recorded ayes from Supervisors Preston, Safaie and Peskin; no no votes were recorded in the committee.

What happens next: The ordinance will be placed on the Board of Supervisors agenda for further debate and possible amendment. The committee and Preston repeatedly said that the city must work to create actual relief funding so landlords who face hardship can be addressed without resort to evictions. The full text of the ordinance and the amendments are in the Board file for 200375.

Attribution: Direct quotes and attributions in this article come from the committee record and public comment heard on June 8, 2020. Where commenters logged in without a full name or provided only a line identification, the article provides the comment content without attributing a specific name.