ALRP is Still Fighting Evictions During the COVID-19 Crisis
On March 13th Mayor London Breed announced a moratorium on evictions in San Francisco for non-payment of rent related to COVID-19. On March 24th, the San Francisco Superior Court instituted a court “holiday” until April 15th for all evictions that are not related to “violence, threats of violence, or health and safety issues.” Thankfully, these measures have halted the eviction process for many clients. However, the health and safety exception is being used by landlords across the city in an attempt to evict clients during this health crisis.
ALRP is currently fighting a landlord who is seeking to evict a severely disabled client under the health and safety exception despite there being no allegations of violence or health and safety in the complaint. The complaint alleges that the client is often heard crying throughout the building – a symptom of one of the client’s disabilities – and that the client complained to the police about their neighbors. The client has never been violent towards their neighbors and has not made any threats to their neighbors or their landlord.
Near the end of March, the landlord filed a request for a default judgment urging the court to enter a judgment for eviction because the client did not file an answer according to the regular Court schedule. An ALRP Housing Attorney filed a motion challenging the default and the court calendared the argument in June – well after the court “holiday” has ended.
Please let this victory be a reminder that although some landlords are following the current rules regarding evictions, others are still seeking to evict clients despite the current health emergency the City is facing.
For now, this client still has a home!
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