To Emerald Fund and its Management Team:

We are writing to let you know of recent measures adopted by the Federal, State, and local
governments in the Bay Area Counties, and by the courts, which will directly impact unlawful
detainer cases, and evictions, for the near future. Please note that these measures are
changing frequently in an attempt to address how the Novel Coronavirus 2019 (COVID-19) is
impacting tenants and, of course, owners and property managers. We anticipate that there will
be additional changes and will send updates as they occur. Accordingly, because of ongoing
revisions to these measures, we strongly encourage you to reach out to us to discuss any
questions that you may have about how Federal, State and Local Covid-19 measures may
impact cases in your area before you serve a notice of termination of tenancy (including
notices to pay rent or quit).
In an effort to mitigate the spread of COVID-19, and in response to the recent “Shelter in Place”
orders issued by the State and the Counties, the Superior Courts have altered their operations.
Some of the courts have implemented limited operations, while others have closed completely.
Additionally, the Federal, State, and local governments have adopted eviction moratoriums for
certain types of housing and evictions. The following is a summary of the current status of the
changes that have been made as of March 31, 2020, but are subject to change, and may not
include all changes in effect as local jurisdictions continue to take action to address the COVID-
19 crisis.
FEDERAL EVICTION MORATORIUM
Per the CARES Act that was enacted on March 27, 2020, landlords for a period of 120 days (July
25, 2020) after the enactment date may not make or cause to be made any filing with the court
to initiate a legal action to recover possession of a covered dwelling from the tenant for
nonpayment of rent or other fees or charges; and may not charge fees, penalties, or other
charges to the tenant related to the nonpayment of rent. Further, the landlord may not require
a tenant to vacate the dwelling before a date that is 30 days after the date on which the
landlord provides the tenant with a notice to vacate; and may not issue a notice to vacate until
after the expiration of the Moratorium Period (July 25, 2020).
A covered dwelling, is defined as a dwelling occupied by a tenant:

• Pursuant to a residential lease; or

• Without a lease or with a lease terminable under State law; and
• Is on a covered property.

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A covered property is defined as a property that participates in:

• A covered housing program as defined in section 41411(a) of the Violence

Against Women Act (VAWA); or
• The rural housing voucher program under section 542 of the Housing Act of
1949; or
• Has a federally backed mortgage loan (first or subordinate lien on property
designed for 1-4 families); or
• Has a federally backed multifamily mortgage loan (first or subordinate lien on
property designed for the occupancy of 5 or more families).
Accordingly, if a landlord has a covered dwelling in a covered property (federally backed
mortgage or federally backed multifamily mortgage (including HUD, VA, USDA, Fannie Mae, or
Freddie Mac) or provides housing under federal housing rental programs covered by VAWA,
including:
Department of Housing and Urban Development (HUD):

• Public housing (42 U.S.C. § 1437d)

• Section 8 Housing Choice Voucher program (42 U.S.C. § 1437f)
• Section 8 project-based housing (42 U.S.C. § 1437f)
• Section 202 housing for the elderly (12 U.S.C. § 1701q)
• Section 811 housing for people with disabilities (42 U.S.C. § 8013)
• Section 236 multifamily rental housing (12 U.S.C. § 1715z–1)
• Section 221(d)(3) Below Market Interest Rate (BMIR) housing (12 U.S.C. § 17151(d))
• HOME (42 U.S.C. § 12741 et seq.)
• Housing Opportunities for Persons with AIDS (HOPWA) (42 U.S.C. § 12901, et seq.)
• McKinney-Vento Act homelessness programs (42 U.S.C. § 11360, et seq.)
Department of Agriculture, including:

• Section 515 Rural Rental Housing (42 U.S.C. § 1485)

• Sections 514 and 516 Farm Labor Housing (42 U.S.C. §§ 1484, 1486)
• Section 533 Housing Preservation Grants (42 U.S.C. § 1490m)
• Section 538 multifamily rental housing (42 U.S.C. § 1490p-2)
Department of Treasury:

• Low-Income Housing Tax Credit (LIHTC) (26 U.S.C. § 42))

Such landlords may not move to evict their tenants for nonpayment of rent until 120 days after
March 27, 2020 (July 25, 2020), or charge fees, penalties, or other charges related to the
nonpayment of rent during the same time period. Additionally, the landlord may not serve a

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notice to vacate until after the Moratorium Period expires and cannot require a tenant to
vacate a dwelling unit in less than 30 days after the notice to vacate is served.
CALIFORNIA – STATEWIDE EVICTION MORATORIUM
1. Governor Newsome issued an order that extends the state’s anti-price gouging law until
May 31, 2020. For residential housing purposes, this means that landlords cannot increase
rent more than 10% above pre-emergency levels during this time period, including the rent
of units that became vacant during the state of emergency. This restriction was already in
place for Napa and Sonoma Counties as a wildfire-related protection and runs through
December 31, 2020.

2. The Governor also signed an Executive Order that effectively delays evictions for
nonpayment of rent for 60 days for any tenant who: a) paid rent to the landlord pursuant
to an agreement prior to March 27, 2020; b) notifies the landlord in writing before rent is
due or within a reasonable time afterwards, not to exceed seven days, that the tenant
needs to delay some or all of the rent payment due to various COVID-19 related financial
reasons; and c) the tenant provides verifiable documentation to support the inability to pay
no later than the time the tenant pays the back rent that is due. The Order also places a
hold on the enforcement of writs for tenants who can satisfy the above requirements while
the Order is in effect. The Order is in effect through May 31, 2020.

The Governor previously ordered that local governments can impose eviction protections
for tenants that are unable to pay their rent based on a COVID-19 related financial impact.
It is not yet known whether the new Order supersedes the tenant protections that local
governments already enacted. However, the conservative approach would be to assume
that the most restrictive measure controls.

3. All Jury Trials continued for 60 days by California Supreme Court.

SAN FRANCISCO COUNTY:
The Mayor issued an Executive Order imposing a temporary moratorium on evictions for
nonpayment of rent by residential tenants impacted by the COVID-19 crisis. It applies to all
residential units in San Francisco, even those otherwise exempt from the Rent Ordinance.

• The Order suspends the landlord’s ability to evict for nonpayment of rent, provided the
tenant notifies the landlord that they cannot pay the rent due to financial impacts of
COVID-19 within thirty days of when the payment became due, and then provides
documentation of their inability to pay within seven calendar days thereafter.
• If the tenant has provided the notice and documentation required, the tenant
automatically receives an additional month after the date the documentation was
provided to pay the rent.

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 • If the tenant does not pay at that time, the landlord must inform the tenant of the
breach in writing and discuss the matter in good faith to develop a payment plan for the
missed rent.
• The tenant may seek extensions for each month that they cannot pay by following the
above steps. This is not a one-time, one-month extension only.
• Upon expiration of the Order, the tenant shall have up to six months to pay the rent
owed before the landlord can attempt to recover possession for the missed payments.
• There is also a moratorium on other evictions for residential tenants if the effective date
of the notice of termination of tenancy would fall within 60 days after the date the
Order expires or is terminated, except when due to violence, threats of violence, or
health and safety issues. This moratorium would last until June 21, 2020, based on the
current expiration of the Order.
• A notice developed by the Rent Board to inform tenants of the Order must accompany
any notice of termination of tenancy that is served.
• The Order will be in effect for a period of thirty days (currently April 22, 2020, unless
extended), until the Proclamation of Local Emergency is terminated, or upon further
order from the Mayor, whichever occurs sooner.
The San Francisco Sheriff has postponed all evictions. No new dates have been scheduled.
The San Francisco County Superior Court has reduced services. The Clerk’s Office is closed to
the public, currently through April 15, 2020. Filings and transactions with the Clerk’s Offices
will be handled via drop box, telephone or via e-mail.
• All actions of unlawful detainer cases, including trials, motions, discovery, and ex parte
applications will be stayed for 90 days, until June 19, 2020. The Court has made an
exception for unlawful detainer cases resulting from violence, threats of violence, or
health and safety issues. This means only those cases with serious health and safety
issues, violence, or threats of violence will be able to move forward during the period of
the stay and enforcement of stipulations for less serious lease violations or non-
payment will be postponed until after June 19, 2020.
• The period between March 18, 2020 and April 15, 2020, is deemed a court holiday. This
means that this period is excluded for the purpose of calculating the expiration date for
any notice that must be calendared using business days instead of calendar days,
including notices to pay rent or quit and notices to perform covenants or quit.
• Settlement conference, trial, and motion dates in unlawful detainer cases will be
rescheduled by the court for a date after June 19, 2020.
• Parties in all matters that are not stayed are to appear by telephone. Telephone
appearances must be arranged through Court Call, which does charge a fee for
providing the service.
• Temporary Restraining Orders that would expire from March 16, 2020 to April 15, 2020,
are extended by not more than 21 days. Unless the court extends this time period, this

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 implies that the Court intends to resume hearings in the Civil Harassment Department
on a limited basis by April 6, 2020.

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