By Lisa Awbrey, HANC President

At HANC’s April meeting, paralegal and tenant counsellor Renee Curran gave updates on the state of tenant protections, evictions and strategies in the time of COVID-19. Current information is available at hrcsf.org. 

The current “ban on evictions” is not a ban at all, and without further action, will end on June 30, 2021. Previously, when HRCSF counseled tenants on the local rent moratorium, it was harrowing because the local eviction ban could only be extended on a monthly basis. People grew increasingly worried about unpaid rent piling up with the knowledge that the pandemic wouldn’t last just a few months. SB3038 changed that, giving more stability, but the tenants still had to pay 25% instead of no rent.

Thankfully, Supervisor Preston passed local legislation converting unpaid rent into consumer debt for the April through August 2020 period; after that, tenants owe 25% of their rent. SB3038 expired and was renewed in the form of SB91. Tenants are still responsible for 25% of their rent, but they don’t have to pay until June 30, 2021, a critical date. SF tenants can still be evicted for nonpayment of rent and nuisance that involves health or safety, and under the ELLIS Act, a state law that allows landlords “to go out of business.”

There are $50 million in rent relief funds between the State program and the CARES Act, but there is more than $100 million in rental debt currently. So there are incentives for corporate landlords to work deals with tenants because they can use their own equity to pay the debt. Because the CA Rent Relief legislation does not prioritize small landlords, corporate landlords are gobbling up the funds; they are going fast. Both landlords and tenants can apply. Tenants are encouraged to apply for these funds directly so they do not have to give personal information to their landlords. You can apply directly: HousingIsKey.com (priority for low income tenants).

The pandemic and economic recession have left thousands of San Francisco tenants unable to pay their rent, a burden disproportionately carried by black and brown renters. At the same time, corporate landlords have amassed billions of dollars in wealth that they plan to use to buy up more property during a recession. 

Although Proposition I won majority approval by 58% of voters in 2020, Mayor Breed continues to refuse to commit to using Prop I revenues received from taxing the largest real estate transactions (exceeding $10 million) to fund emergency rent relief and affordable social housing; the Board of Supervisors also unanimously passed a resolution dedicating the revenues from Prop I for these purposes. The Mayor’s lack of commitment is clearly contrary to the will of both the voters and the Board of Supervisors, and it would leave struggling San Franciscans with mounting rental debts. 

Landlords continue to circumvent tenant protections by using the Ellis Act to evict tenants without giving proper notice and relocation money. With AB854, Assemblyman Alex Lee of San Jose seeks to curb abuse of the Ellis Act so that landlords cannot use it more than once every 10 years and would have to own a building where tenants were Ellis evicted for at least 5 years before it can be used again. Former CA State Senator Marc Leno made 3 attempts at curbing Ellis Act abuses and in 2015, his last similar measure went down narrowly. On April 15, AB854 will go to the Housing Committee.

Landlords also frequently use buyouts as an eviction strategy and tool. They threaten tenants with an Ellis Act eviction unless they take a buyout. In 2019 alone, there were 54 buyouts in D5.

Increased construction and “renovations” (also known as “renovictions”) are another tool used by landlords to evict tenants from their homes. Adding washers/dryers and a bathroom per bedroom is another trend; there is a correlation between these upscale remodels of buildings by landlords and an increase in buyouts.