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Summary of article:
San Francisco passed a new law that allows landlords to evict tenants only if they owe more than one month’s rent; However, the validity of this provision may still be affected by the California Supreme Court’s decision on similar rules in Los Angeles.
san francisco The City Council recently unanimously passed an eviction billTenant Due to minimum amount of rent due. If the tenant owesRent In less than a month, San Francisco landlords will no longer be able to evict on this basis.
But the victory for tenants may be temporary. The California Supreme Court is expected to rule in the future on whether a similar ordinance previously enacted by Los Angeles violates state law.
The San Francisco Chronicle reported that the anti-eviction ordinance sponsored by San Francisco City Council member Jackie Fielder states that landlords can only evict tenants if they are more than a month behind on rent, as defined by the federal government. According to the US Department of Housing and Urban Development, the current fair market rent level in San Francisco is: 2,485 yuan for a studio, 2,977 yuan for one bedroom, and 3,604 yuan for two bedrooms.
Fields said at a recent Land Use and Transportation Committee hearing on the bill that rents are rising to historically high levels, and the job market for working-class residents is sluggish and challenging, indicating that many renters can only get by on meager wages and face immense financial uncertainty.
Field reported that in the past year, 25% of so-called “unlawful detainer” (the legal term for eviction proceedings) cases involved tenants who owed less than a month’s rent. He said landlords can also evict tenants if minimum, lump sum or contingent rent is outstanding. San Francisco finally has a direct and effective way to stop these evictions.
According to data from the rental platform “Apartment List”, current rents have increased by 26% compared to the same period last year. As of September, the average rent for a room has reached 3,920 yuan. A total of 1,488 eviction notices were received in the year ending in March, a 44% increase from the previous period, according to San Francisco Rent Board data.
It’s worth noting that the actual number of eviction notices may be much higher, as the Rent Board does not count all evictions based on just cause, including evictions for nonpayment of rent. In December, the San Francisco Eviction Defense Collaborative released a report showing that as of mid-September, 2,477 eviction notices had been filed; In the last 12 months this number has reached 3,449.
Meg Heisler, policy director of the San Francisco Anti-Eviction Coalition, said landlords can initiate eviction proceedings for balances as low as one dollar. As landlords have increasing incentives to evict tenants, there is reason to believe that this type of behavior will get worse.
The Coalition for Better Housing and the San Francisco Apartment Association both oppose the bill. Charlie Goss, manager of government affairs for the San Francisco Apartment Association, believes that although cities have the right to provide adequate protections against evictions to tenants, the legislation currently submitted for consideration regulates the eviction process, which is itself governed by state-level governments.
Goss had urged the council to delay voting on the “unpaid rent” legislation until the court’s decision on the Los Angeles-related case. He said issuing rules before the legal issues are identified would only create confusion.
Summary FAQ
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The new law states that if a tenant owes less than one month’s rent, the landlord cannot evict the tenant solely on the basis of unpaid rent; Relevant eviction procedures can be initiated only if the tenant has more than one month’s rent outstanding.
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Because the California Supreme Court is expected to decide whether similar rules in Los Angeles violate state law; San Francisco’s new rules could also be affected if the court finds that local governments have no authority to restrict evictions in this manner.
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Landlord and apartment associations believe that although local governments can provide protection to tenants, this law covers the eviction process itself, and the eviction system should be integrated under the jurisdiction of state-level governments.
