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Council President Sean Elo-Rivera (District 9)

Housing & Tenant Protections

TPO 1TPO 2

 

‘No Fault’ Eviction Moratorium 

City of San Diego Residential ‘No Fault’ Eviction Moratorium 

The San Diego City Council has adopted a temporary ban on residential “no fault” evictions, which Council President Sean Elo-Rivera proposed. It took effect on May 22, 2022, which was 30 days after San Diego Mayor Todd Gloria signed the ordinance. Under this local law, “no fault” evictions would not be allowed in the City of San Diego until 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. 

PDF icon View the City Ordinance 

What is a ‘No Fault’ Eviction? 

A “no fault” eviction occurs when a landlord ends a lease with the tenant for reasons that do not involve any alleged nonpayment of rent, wrongful behavior or lease violation by the tenant. 

Tenants are still required to pay rent per their lease agreement with the landlord. Evictions are allowed for nonpayment of rent, wrongful behavior or lease violations. 

When is a ‘No Fault’ Eviction Allowed? 

The City of San Diego law, if approved, would continue to allow “no fault” evictions in any of the following circumstances: 

  • 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. 

The term “rental unit” includes apartments, condominiums, single-dwelling units, and hotel rooms that are not used solely for transient occupancies. 

Frequently Asked Questions 

Tenant Rights and Protections  

Tenants who have questions about their legal rights or pending eviction actions may call: 

  • Legal Aid Society of San Diego
  • San Diego Volunteer Lawyer Program (SDVLP)
    • Phone: (619) 235-5656 x127 
  • Tenants Legal Center
    • Phone: (858) 571-7100 

City of San Diego Eviction Prevention Program  

The City of San Diego Eviction Prevention Program (EPP) helps renters with low income in the City of San Diego who are facing eviction for not paying their rent due to the financial effects of the COVID-19 pandemic. 

EPP is operated by Legal Aid Society of San Diego through a contract with the San Diego Housing Commission (SDHC). Federal Coronavirus Aid, Relief, and Economic Security Act Community Development Block Grants fund this program. 

Program Contact: 
  • Hotline: 1-877 LEGAL AID (1-877-534-2524) 
  • TTY: 1-800-735-2929 
  • Email: Info@lassd.org 
Eligibility 

Eligible tenants must: 

  • Reside at a City of San Diego address; 
  • Have household income at or below 80 percent of San Diego’s Area Median Income ($97,000/year for a family of four); 
  • Have an obligation to pay rent; and 
  • At least one member of the household has a reduction of income or other financial hardship due to the COVID-19 pandemic. 
Emergency Legal Assistance 

EPP includes the following types of legal assistance: 

  • Full legal representation for Eligible Tenants throughout the pre-eviction and eviction process, in settlement negotiations and through trial, if necessary. 
  • Limited legal services for Eligible Tenants through clinics, hotlines or appointments (virtual or in person), such as help with: 
    • Completing COVID-19-related declarations 
    • Submitting formal responses to eviction notices 
    • Formal responses to Unlawful Detainers 
    • Requests for reasonable accommodations. 
Locations 

EPP services are available for Eligible Tenants Monday through Friday, 9 a.m. – 5 p.m., at the following locations: 

Legal Aid Society’s Southeast San Diego Office 
110 S. Euclid Avenue 
San Diego, CA 92114 

Legal Aid Society’s Midtown San Diego Office 
1764 San Diego Avenue, Suite 100 
San Diego, CA 92110 

Legal services clinics are available at the following locations: 

Unlawful Detainer Clinic 
San Diego County Superior Court, Hall of Justice 
330 W. Broadway 
San Diego, CA 92101 
Walk-in Hours: Monday – Friday, except court holidays, 8:30 a.m. – 3:30 p.m. 

Landlord Tenant Dispute Clinic 
San Diego County Superior Court, Hall of Justice 
330 W. Broadway 
San Diego, CA 92101 
Walk-in Hours: Monday –Friday, except court holidays, 8:30 a.m. – noon 

State and Local Protections Against Evictions 

The State of California (State) and the City of San Diego (City) have adopted laws to provide protections against evictions in certain circumstances to help renters during the ongoing COVID-19 pandemic.