Judge Upholds SF Eviction Moratorium

A Superior Court judge has issued a ruling to uphold San Francisco’s eviction moratorium, which was put in place to protect tenants who have fallen behind on rent during the pandemic.

Several real estate and landlord groups filed a lawsuit against the city in June, arguing that the moratorium was unconstitutional and a violation of state law.

Superior Court Judge Charles F. Haines ruled Monday that the moratorium was a permissible use of the city’s powers, and that it doesn’t violate the state’s emergency orders.

“This is a resounding victory for vulnerable tenants in San Francisco,” Supervisor Dean Preston said in a statement. “I have said from the start, we will not stand by and watch thousands of San Franciscans become homeless because of a pandemic they cannot control."

Yet the groups that filed the suit, including the San Francisco Apartment Association, the San Francisco Association of Realtors, Coalition for Better Housing and Small Property Owners of San Francisco Institute, did not immediately rule out an appeal of the decision.

Those groups argued that the moratorium places an extra burden on small landlords that rely on renters to help them pay their mortgages and other bills. They said they were "disappointed" with the judge's decision.

"Small property owners who have not been able to collect rent since April are struggling with their own mortgages and expenses," the apartment association and other organization wrote, in a statement. "We are reviewing our options moving forward. In the meantime, we remain hopeful that Congress will pass a relief package which includes meaningful financial support for renters and out-of-work individuals."

The ordinance also prohibits late fees and penalties for people struggling to pay rent, but it does not excuse renters from ultimately having to pay it back.

Joseph Tobener, a prominent Bay Area tenants attorney, warned people should pay rent if they can, as any appeal of the superior court decision would place the eviction moratorium on a shaky legal foundation.

"This was always going to be appealed," he said, "that rent might become due sooner than everyone thinks."

— Erika Kelly (@erikakelly100)