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San Francisco sets minimum rent debt for eviction, amid pending court challenge
San Francisco supervisors unanimously approved a rule barring eviction for unpaid rent when a tenant owes less than one month’s rent. Its future may depend on an upcoming California Supreme Court decision involving a similar Los Angeles law.
San Francisco landlords will have to show that a tenant owes more than one month’s rent to evict them for nonpayment under an ordinance unanimously approved Tuesday by the Board of Supervisors.
The measure, sponsored by Supervisor Jackie Fielder, sets a minimum debt threshold for nonpayment evictions. It uses federal fair-market-rent figures, which currently range from $2,485 for a studio to $3,604 for a two-bedroom apartment in San Francisco. The U.S. Department of Housing and Urban Development updates those figures annually.
The change addresses cases in which tenants face eviction over small or disputed balances. Fielder said that about one-quarter of unlawful detainer cases filed in the past year involved tenants who owed less than a month’s rent. Unlawful detainer is the legal process used to pursue an eviction.
Housing advocates said minor accounting disputes can put renters’ homes at risk. Meg Heisler, policy director for the San Francisco Anti-Displacement Coalition, said landlords may seek eviction over even a dollar of unpaid rent. Attorney Rose Thornton of the Eviction Defense Collaborative described clients facing proceedings over a $300 rent credit and a $650 shortage that resulted from a landlord applying that amount to a utilities bill.
The ordinance comes as housing costs and eviction filings have risen. Apartment List reported that San Francisco rents were up 26% year over year, with a median asking rent of $3,920 for a one-bedroom in September. The Rent Board recorded 1,488 eviction notices in the 12 months ending in March, a 44% increase. That count does not include all just-cause evictions, including some for nonpayment. The Eviction Defense Collaborative separately reported 3,449 notices in the prior 12 months, through mid-September.
Landlord groups opposed the measure, arguing that eviction procedures are governed by state law. Charley Goss of the San Francisco Apartment Association urged supervisors to wait for the California Supreme Court to decide whether a similar Los Angeles law is legal, warning that proceeding before the ruling could create confusion.
That decision is expected soon and could affect the durability of San Francisco’s new rule. Griffin Lee, an organizer with Connected SF, also criticized the ordinance as one-sided, saying tenants and landlords both have responsibilities.
Supporters argued the city could not wait for the court. Fielder said renters are facing record-high rents and economic uncertainty, while advocates warned that eviction over small discrepancies can have severe consequences for households already living paycheck to paycheck.