City of San Diego No-Fault Eviction Moratorium Back May 22

On April 22, 2022, the City of San Diego passed a temporary Ordinance, O-21447, which limits the ability to proceed with residential no-fault evictions in the City of San Diego. The City of San Diego maintains that its local emergency remains in effect and has been renewed multiple times during the COVID-19 pandemic, most recently on February 8, 2022. Originally proposed as an emergency measure, the City passed the Ordinance as a non-emergency measure, which means it will take effect thirty days after its final passage, or May 22, 2022.

The City relied on the fact that there have been over 1400 requests for assistance for housing issued in the City of San Diego, of which, 23% have been related to no-fault evictions, to justify need for this no-fault moratorium. The City maintains that preventing tenant displacement is necessary in order to protect the public health against the COVID-19 pandemic.

Landlords will be prohibited from evicting or taking any steps to endeavor to evict for any no-fault reason, tenants residing within the City of San Diego, except in the following circumstances:1. Withdrawal of all rental units in all buildings and structures on a single parcel. The landlord must provide six months written notice to tenants of the landlord’s intent to withdraw all units from the rental market. This is commonly referred to as an Ellis Act termination.2. Recovery of the rental unit for repair or construction work necessary to comply with a government or court order. This is only permitted where continued occupancy by the tenants creates a severe and immediate health and safety issue for the residents if the work is being done.3. Owner occupancy or move-in where the landlord, landlord’s parent, grandparent, child or grandchild intends to occupy the residents. The landlord must provide ninety days written notice of the intent to occupy the rental unit.Unless a tenant is violating a provision of the lease, otherwise at fault for the notice to terminate, or the landlord’s cause for the termination falls into one of the three options above, the landlord may not proceed with any action that endeavors to evict the resident.  

summary provided by Kimball, Tirey & St. John LLP

 

 

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