By: Allan E. Low and Anne Li
Update: This article was updated on January 19, 2021, to include that the commercial eviction moratorium went into effect on January 11, 2021. The bullet points featuring the four tiers of the commercial tenants, created by the Board Ordinance, were also updated to include that each tier’s full-time employee count is as of November 1, 2020.
On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board Ordinance became effective, the mayor’s previous executive orders which impose a moratorium on commercial evictions (the Mayor’s Moratorium) terminated.
The Board Ordinance extends certain protections of the moratorium on commercial evictions to the later of March 31, 2021, or the date the governor terminates the governor’s emergency order permitting locally enacted commercial eviction moratoria (the Moratorium Period).
As compared to the Mayor’s Moratorium, the Board Ordinance modifies the types of commercial tenants that are protected from eviction.
Specifically, when the Board Ordinance becomes effective, it will apply to tenants that had combined worldwide 2019 gross receipts of $25 million or less (in calculating gross receipts the gross receipts of a subsidiary will be combined with the gross receipts of the parent company). In addition, with the exception of nonprofit office tenants, office tenants are no longer protected under the Board Ordinance. Tenants leasing property from the City and County of San Francisco are also no longer protected under the Board Ordinance.
For more, read original article here.