Read below for some background on the local eviction moratorium for pandemic-impacted tenants and a summary of what changed:
Rent Ordinance Section 37.9(a)(1)(D) prohibits landlords of all units covered by the Rent Ordinance from evicting tenants for non-payment of rent that was unpaid due to the COVID-19 pandemic, and from imposing late fees, penalties, or similar charges for such missed rent payments. Specifically, no tenant may be evicted for non-payment of rent that became due between March 16, 2020 and September 30, 2020; or between July 1, 2022 and the end of the Mayor’s COVID-19 Proclamation of Local Emergency.Please note that pandemic-impacted tenants with past-due rent that came due during these periods are permanently protected against eviction for non-payment of rent, even after the Mayor terminates her COVID-19 Emergency Proclamation. However, these tenant protections only limit evictions and do not waive the tenant’s obligation to pay the rent. Thus, a landlord may still bring a civil action in court to collect the unpaid rent.
In order for the permanent eviction protections to apply, the tenant’s inability to pay rent must (a) arise out of a substantial decrease in household income (for example, a loss of income caused by layoffs, a reduction in work hours, or substantial out-of-pocket expenses), and (b) be caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19.
In addition, the tenant must keep documentation showing their inability to pay rent was caused by COVID-19. Such documentation may include, but is not limited to, bank statements, pay stubs, employment termination notices, proof of unemployment insurance claim filings, sworn affidavits, or a letter from their employer.
What does this legislation change?
Ordinance Nos. 47-23 and 072-23 extend these protections, by applying them to rent that comes due within 60 days after the Mayor’s emergency proclamation ends and by including units where the rent is controlled or regulated by the City (for example, units regulated by the Mayor's Office of Housing and Community Development or the Department of Homelessness and Supportive Housing). The Mayor announced on May 3rd that the Proclamation of Local Emergency will expire on June 30, 2023. Thus, these protections are extended through August 29, 2023 (60-days after June 30, 2023) but will not apply to rent payments that become due on or after August 30, 2023.