Foreclosure Not A Basis For Tenant Evictions In San Francisco

In California, a story in San Francisco Bay Guardian serves as a reminder that, within the city of San Francisco, it's illegal for a bank or broker or anyone else to evict a tenant just because the ownership of a building changed hands, including an ownership change due to foreclosure.

• [I]n an effort to promote tenant-rights awareness, the Assessor-Recorder's Office will be circulating letters to inform tenants when a landlord has received a 'Notice of Default' — the precursor to a foreclosure.

• "According to San Francisco law," the letter says, "it is illegal for the new owner to ask you to leave without just cause or shut off your utilities." Since most of the renters who have been evicted by this latest ruse don't speak English, the letter is being circulated in English, Spanish, and Chinese.

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• The law may seem confusing, and in some cities, a foreclosure may mean the tenants have to go. But that's not the case in San Francisco. The city's rent ordinance requires "just cause" for eviction — and a change of ownership, no matter the cause, is not in itself a just cause.

• The San Francisco Rent Board's literature makes that clear: "The Court of Appeal held in Gross v. Superior Court (1985) ... that foreclosure, like any other sale, is not a just cause for eviction under the Rent Ordinance and provides no basis to force the tenant to leave."

For the story, see Don't leave your home (A foreclosure can be tough on tenants — but it shouldn't lead to eviction). SkimmingKappaRent