1 ATTACHMENT B
Unlawful Detainers and Notices of Nonpayment
The Housing Department receives termination notices and unlawful detainer (eviction lawsuit) filings for properties covered by the Tenant Protection Ordinance (TPO). Owners of units covered by the TPO must submit to the Housing Department copies of all termination notices and unlawful detainer lawsuits given to tenants. Figure 1 shows the monthly totals of unlawful detainers concerning TPO units received by the Department for FY 2022-2023 through the third quarter.
Figure 1: Monthly Totals of All Unlawful Detainers and Unlawful Detainers Based in Whole or in Part on Non-Payment of Rent Submitted to the Housing Department Under the TPO for the Period July 2022 – March 2023
In November 2022, there was a dramatic increase in the number of unlawful detainer filings submitted to the Housing Department for units covered by the TPO. There can be a lag between when an unlawful detainer lawsuit is filed with the Court and when a copy is submitted to the Housing Department. This lag is due to Court backlogs and because the unlawful detainer does not have to be submitted until after it is given to the resident. The lag could explain the jump between October and November 2022. However, unlawful detainer filings remain higher than in mid-2022, with 92-95% of them being based in whole or in part on non-payment of rent. This data indicates that many households still struggle to pay rent after pandemic shutdowns have ended.
In contrast, the Housing Department receives copies of notices of non-payment of rent for TPO units within a few days of when the notice was given to the resident, providing more real-time data on the number of households struggling with rent. Figure 2 shows the number of notices related to non-payment of rent submitted to the Housing Department by month to show the trend. 77 109
139
104
295
151
111 119
171
67 100
128
91 276
139
106 111
157
0 50
100
150
200
250
300
350
Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Unlawful Detainers Submitted All Causes
Unlawful Detainers Submitted Based in Whole or in Part on Non-Payment of Rent Figure 2: Non-payment of Rent Notices and Unlawful Detainers Based in Whole or Part on Nonpayment of Rent for Units Covered by TPO Received by the City October 2021 – March 2023 994
1,069 1,055 1,072 1,081 1,033 1,040
1,202
892
1,009
1,330
1,136 1,175
1,311
1,201 1,234
1,064 1,064
0 200
400
600
800
1,000
1,200
1,400
September 30, 2021
End of State
COVID-19 Eviction
Moratorium
March 31, 2022
End of State
COVID-19 Rent Relief
Program
June 30, 2022
End of all remaining
COVID-19 Eviction
Protections