08 Jul City of San Diego Eviction Moratorium Update

Source: Courtesy of Southern California Rental Housing Association. Click link here for more details.

“An eviction moratorium that was passed a year and half ago in the City of San Diego is now in effect with the end of statewide eviction protections. The ordinance was approved in February 2021 but was pre-empted by state law. The city’s ordinance which applies to non-payment of rent is now in effect despite no noticeable communication from the City. This is addition to the temporary moratorium on no-fault termination of tenancy.

For rent due on or after July 1, 2022, a housing provider may not evict, or endeavor to evict, a tenant for not paying rent where the tenant’s failure to pay is due to financial impacts related to COVID-19 and the tenant provided written notice to the landlord on or within seven days after the rental payment due date that they are unable to pay rent in full. This DOES NOT apply to rent due prior to July 1, 2022. Within seven days of the tenant providing notice, the housing provider may request the tenant provide documentation or objectively verifiable information that the tenant is unable to pay rent due to financial impacts related to COVID-19. The tenant shall have 14 days from the date of the landlord’s request to provide the requested documentation. Nothing in this Ordinance relieves the tenant of the obligation to pay rent or restricts the landlord’s ability to recover rent due. The moratorium will remain in effect until 60 days after the local emergency is lifted by the Mayor. Click here for more details.”

“The temporary moratorium impacting No-Fault Termination of Tenancy for City of San Diego rental properties goes into effect on May 22 and will be in effect through September 30, 2022 (or 60 days after the end of the local state of emergency declared by the Mayor due to the COVID-19 pandemic, whichever date occurs first). The ordinance applies regardless of length of tenancy.

The ordinance will effectively ban termination of tenancy for a substantial remodel. It will also increase the notice period for an owner or family member move-in to 90 days. To remove a unit/property from the rental market, including selling a home, renters must be given at least 6 months’ notice.

Notices for at-fault termination of tenancy, such as lease violations or criminal activity, are still permitted. The ordinance has no impact on evictions for non-payment of rent.

Per the City of San Diego, termination of tenancy is allowed in the following scenarios:

• The landlord intends to remove the rental units from the rental market and has provided all affected tenants written notice at least six months in advance.
• The landlord wants to take possession of the rental unit for repair or construction work necessary to comply with a government or court order, and the work requires vacating the rental unit because it would threaten the immediate health and safety of the occupants.
• The landlord, or the landlord’s parent, grandparent, child or grandchild intend to occupy the rental unit as their primary residence, and the landlord has provided written notice to the affected tenant at least 90 days in advance.

Click here for more information from the San Diego Housing Commission.”