San Francisco Moves to Bar Evictions Over Small Unpaid Rent

San Francisco is moving to stop landlords from filing evictions over small amounts of unpaid rent. The Board of Supervisors voted unanimously on Oct. 20 to approve an ordinance that would allow a nonpayment eviction only when a tenant owes more than one month of the federal fair-market rent, Mission Local reported. The measure is not final yet: KALW reported that it still has to go through a second hearing.

What the ordinance does

Until now, San Francisco's rent ordinance allowed a landlord to evict for nonpayment no matter how little was owed. Under the new rule, authored by Supervisor Jackie Fielder, the amount owed has to exceed one month of HUD's fair-market rent for the unit size. Mission Local lists San Francisco's current HUD figures as roughly $2,485 for a studio, $2,977 for one bedroom and $3,604 for two bedrooms.

The threshold is tied to the federal figure rather than to a tenant's own rent. That means it is the same for a rent-controlled unit and a market-rate one of the same size. A tenant paying far less than the fair-market rent could therefore owe more than a month of their own rent without crossing the line, a point that property owners have raised in opposition.

Why supervisors say it is needed

Mission Local reported that Fielder told a committee last month that 25% of 2025 eviction cases involved amounts below one month's fair-market rent, and described the proposal as a small change with real meaning for tenants. KALW cited figures showing evictions up 44% over the past year and rents up more than 28%. We did not verify those two numbers independently. Mission Local also noted that Mayor Daniel Lurie declared a rent emergency in September tied to the city's AI-driven boom, and that Lurie supports the ordinance.

Where else this exists

Los Angeles, Oakland and Berkeley have passed similar laws, Mission Local reported. That is also where the legal risk lies. The Apartment Association of Los Angeles sued Los Angeles in 2023, arguing its ordinance conflicts with state law, and that case is ongoing. The San Francisco Apartment Association wrote to Board President Rafael Mandelman citing the Los Angeles case, arguing that passing the ordinance now invites lawsuits over a policy that will, in its words, "soon be resolved" by the state's highest court. The group asked the board to wait for a ruling and said it expects courts to side with landlords.

What happens next

Because the ordinance still needs a second hearing, and the city has not announced when that will be, the details could change. Mission Local reported it could take effect as early as December, though the timing depends on that second vote and the mayor's signature. KALW's report did not state the vote count or the second-hearing date.

What this means for renters

If the ordinance takes effect as written, a San Francisco tenant who is short by a small amount, for example after a reduced paycheck or an unexpected bill, would have more time to catch up before a landlord could use a nonpayment notice to start an eviction case. It does not erase the debt, and it does not cover other kinds of evictions. A few practical steps apply either way:

• Pay what you can and document it. Keep receipts or bank records for every payment, even partial ones.
• Do not ignore notices. Deadlines in an eviction notice still run, and the new rule is not yet law. Seek advice from a local tenant organization or legal aid.
• Ask about rental assistance. Local programs and nonprofits sometimes help cover shortfalls.
• Watch the second hearing. Check the Board of Supervisors agenda or a local tenant group for the date.

Tenants elsewhere should check local rules, since protections vary widely by city and state. We will update this story after the board's final vote.