The Constitutionality of Rent Relief in the Age of COVID: Did the City of San Francisco Go Too Far?

On December 1, 2020, the San Francisco Board of Supervisors enacted an updated eviction and rent relief moratorium (“Ordinance”). This moratorium created a four-tier system for tenants in San Francisco, based on the number of full-time employees they had as of November 1, 2020, and provided various repayment periods for COVID-19 deferred rent that has accrued from March 2020. San Francisco is not unique in taking steps to assist tenants who have been harmed by the business effects of the COVID-19 pandemic, with other major metropolitan areas such as Los Angeles, Sacramento, Berkeley and San Diego each enacting their own moratoriums and rent relief programs.

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