Supervisor Preston District 5 Newsletter

From D5 Supervisor Dean Preston
 
   
 

 


We know that there’s a lot to worry about right now in San Francisco.

But starting this week, for San Francisco tenants, at least this much is certain: As long the COVID-19 state of emergency lasts, tenants will not lose their homes because of eviction.

We have worked to make sure that this potential health crisis does not become a housing crisis, and our actions locally have helped to shape the initial response to tenant protections across the state and the country . Just a few minutes ago, Governor Newsom announced a statewide moratorium on evictions for nonpayment of rent, a step that San Francisco took locally back on March 13 (see timeline below).

This much is clear -- our work is far from over, and in many ways has just begun. We joined our colleagues on the Board of Supervisors earlier this week in calling for a moratorium on rent and mortgage payments. But as that work continues, we want to make sure you know your rights and have the information you need to stay in your home.
 
In this message you will find:
  • Announcement of our Virtual Roundtable on Eviction Protections 
  • The current status of eviction protection in San Francisco
  • Common questions about the eviction ban
  • Timeline of our efforts to stop evictions
  • Further reading and resources
As always, feel free to reach out to our office if you have any questions or concerns at prestonstaff@sfgov.org or 415-554-7630.
 

➩ Virtual Roundtable

 

We know there are a lot of questions about the current state of eviction protections and tenant rights in San Francisco.

That's why we are hosting a Virtual Roundtable on Eviction Protections this coming Monday, March 30 at 12noonWe are hosting the meeting via Zoom video conference, and we are asking those who are interested to register in advance. Click here to register.

Join Supervisor Preston to ask questions and get answers on the current legal landscape on housing rights and evictions. 

    ➩ What's New Now

     

    Since the start of the COVID-19 State of Emergency, there have been significant changes in housing rights law for San Francisco. Here, we will briefly summarize some of the updates regarding evictions.

    Nonpayment evictions

    If you cannot make rent because of the coronavirus impacts, either directly or indirectly, you have new protections against eviction.

    Under the Temporary Moratorium on evictions a landlord cannot evict you if: You are unable to pay rent because of the financial impacts related to COVID-19, and you notify the landlord within 30 days of when the rent was due that you are unable to pay due to the financial impacts related to COVID-19.

    Click here for a Fact Sheet and Sample Letter, courtesy of the San Francisco Tenants Union.


    No fault evictions

    In addition to non-payment of rent, San Francisco has declared any no-fault (or “elective”) eviction cannot be executed during the COVID-19 state of emergency, or within 60 days after the emergency declaration has ended. This includes Owner Move In evictions, or Capital Improvement evictions. 

    If you receive a notice of eviction, for any reason, we recommend you immediately contact the Eviction Defense Collaborative, which has a number for legal assistance during shelter-in-place: 415-659-9184.



    Ellis Act

    Unfortunately, state laws such as the Ellis Act, a notorious tool that has been used for years to displace long-term tenants, remain in effect. We are working to get the Governor to suspend the Ellis Act during this crisis. Click here to add your support for a statewide eviction moratorium.

      ➩ Common Questions

       

      Q: What should I do if I can’t pay my rent?

      A: Provide written documentation to your landlord of your inability to pay rent as soon as possible.  If you do so within 30 days of it being due, your landlord cannot evict you for nonpayment due to COVID-19 related loss of income.  For questions, contact the SF Tenants Union, the Housing Rights Committee of San Francisco, or  Causa Justa::Just Cause for tenant counseling. (For more complete list of resources, see list below.)  
       
      Q: What happens if my landlord tries to evict me for not paying rent?

      A: As long as you provide the written documentation to your landlord of your inability to pay rent within 30 days of it being due, your landlord cannot evict you for nonpayment due to COVID-19 related loss of income. If your landlord tries to proceed, immediately contact the Eviction Defense Collaborative, which has a number for legal assistance during shelter-in-place: 415-659-9184. There are trained attorneys on staff who can advise you on how to assert your legal rights.

      Q: Do I still owe the rent, even if they can’t evict me right now?

      A: Yes. The new city policy stops eviction for COVID-related nonpayment for up to six months after the state of emergency ends, but it does not waive the rent. This week we cosponsored a resolution calling on the Governor to issue a waiver of the rent, and we will keep working to get rid of that rent debt once and for all. 
       
       

      ➩ Timeline

       

      Less than a month since San Francisco declared a COVID-19 state of emergency, we have effectively stopped evictions citywide. Here is a timeline the quickly-evolving efforts:

      Feb 25: Mayor Breed Announces COVID-19 State of Emergency (Press release

      March 6: Supervisor Preston announces ordinance to ban eviction for nonpayment of rent due to COVID-19, and no fault evictions during state of emergency (San Francisco Business Times)

      March 10: Supervisor Preston introduces ordinance to protect tenants during COVID-19 state of emergency (San Francisco Chronicle)

      March 11: SF’s biggest landlord halts nonpayment evictions (SF Weekly)

      March 13: Mayor Breed issues Directive banning nonpayment evictions (Press Release)

      March 16: Governor Newsom issues order allowing California cities to ban nonpayment evictions (Executive Order)

      March 17: Supervisor Preston introduces emergency ordinance to ban all no-fault evictions (SF Chronicle)

      March 17: Supervisor Preston introduces resolution urging statewide and local action to stop evictions, including Governor, SF Superior Court, Sheriff and Mayor (Mission Local)

      March 17: San Francisco Sheriff Miyamoto halts evictions (SF Examiner)

      March 19: San Francisco Superior Court announces halt to eviction proceedings (Bay Area Reporter)

      March 23: Mayor Breed issues Directive to ban no-fault evictions, except Ellis Act evictions (Hoodline)

      March 24: San Francisco Board of Supervisors unanimously passes resolution urging Governor Newsom to issue statewide eviction ban, including Ellis Act evictions (Link to Resolution)

      March 24: Supervisors Hillary Ronen, Matt Haney and Dean Preston introduce resolution calling for eviction and mortgage payment relief (SF Examiner)

      March 27: Governor Newsom announces statewide moratorium on evictions for nonpayment of rent due to COVID-19 related hardship (Executive Order)

        ➩ Resources

         

        If you have questions or concerns about your rights, there are groups and organizations that can help, including the following:
         
        Housing Rights Committee of SF (Link to COVID-19 Related Info)

        San Francisco Tenants Union (Link to Fact Sheet and Sample Letter; Link to Updated Information on March 25)

        Just Cause :: Causa Justa (Link to Tenant Counseling Information)

        Eviction Defense Collaborative (Link to legal assistance information

        Open Door Legal (Link to Legal Resource Guide During the COVID-19 Pandemic)

        Tenderloin Housing Clinic (Link to Contact Us page)

        Legal Assistance to the Elderly (Link to COVID-19 Information Page) 

        AIDS Legal Referral Panel
        (Link to appointment information during COVID-19 emergency)

        Advancing Justice – Asian Law Caucus (Link to Contact Us page)

        Bar Association of San Francisco (Link to Lawyer Referral and Information Service)

        Bay Area Legal Aid (Link to Response and Resources page)

        San Francisco Rent Board (Link to Updated Operations during COVID-19

        SF.GOV (Link to Information about the City's temporary moratorium on evictions)

        Tenants Together (Link to document with resources for tenants statewide)

        As a reminder, if you have any questions for our office regarding housing rights, either contact us at prestonstaff@sfgov.org, or sign up to join our Virtual Roundtable on Monday, March 30 at 12noon.
         
           
          Dean Preston, District 5 Supervisor
          415-554-7630
          prestonstaff@sfgov.org
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