EMERGENCY REGULATION 2020-001
Establishing Temporary, Countywide Moratorium on Eviction Due to Non-Payment of Rent by Residential Tenants Directly Impacted by the COVID-19 Pandemic
The Countywide Moratorium on Evictions expired on August 31, 2020.
The FAQ's will remain online for reference and remain relevant if you were impacted between March 24 - August 31, 2020.
What is Emergency Regulation 2020-001?
Emergency Regulation 2020-001 temporarily prohibits landlords from evicting residential tenants in two situations:
Emergency Regulation 2020-001 temporarily prohibits landlords from evicting residential tenants in two situations: (1) where tenants are unable to pay their rent in full and/or on time because they have been directly impacted by the novel coronavirus (COVID-19) pandemic; and (2) where a landlord seeks to terminate the tenancy for “no-fault” causes, except where the eviction is necessary for the health and safety of the tenant, other residents in the tenant’s building, the landlord, or the landlord’s family, or the landlord or the landlord’s family intend to occupy the unit.
Where does the Emergency Regulation apply?
The Emergency Regulation covers the entire County of San Mateo, which means it applies in the unincorporated area, as well as all the cities located within the County, including Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco and Woodside.
How long will the Emergency Regulation last?
The Emergency Regulation is effective from March 24, 2020 through August 31, 2020
Is the notice re: San Mateo County emergency regulation 2020-001 available in languages other than English?
Yes, the Notice is also available in Spanish, Chinese, Portuguese, Russian, and Tagalog. If a tenant or landlord would like to receive a copy of the Notice in a language other than English, please call (650) 802-3300 or visit https://housing.smcgov.org/covid-19-smc-eviction-regulations
Can a tenant be evicted for reasons other than non-payment of rent while the emergency regulation is in effect?
Yes, a tenant may be evicted for other lease violations where they are alleged to be at fault, such as materially breaching other terms of the lease, intentionally damaging the rental unit or using the rental unit to engage in criminal activity. However, no-fault evictions are not permitted while the Emergency Regulation is in effect unless (1) necessary for the health and safety of the tenant, nearby tenants, the landlord, or the landlord’s family; or (2) the landlord’s family or the landlord or the landlord’s family intend to occupy the unit.
What can a tenant do to enforce the emergency regulation if the tenant believes that their landlord has violated it?
If a landlord knowingly violates the terms of the Emergency Regulation, a tenant may report the violation County Code Compliance.
The tenant may also bring a lawsuit against the landlord to stop the landlord from continuing to violate the Emergency Regulation any further and to recover money damages, including damages for mental or emotional distress. If the tenant prevails in such a lawsuit, the tenant can recover reasonable attorney’s fees and costs with a court order. If the landlord prevails, the landlord can recover reasonable attorney’s fees and costs with a court order.
A tenant can also raise the Emergency Regulation as a legal defense to any unlawful detainer action initiated by a landlord in violation of the Regulation.