S.F. Admin. Code ch. 37 § 37.9D
Foreclosure Evictions (San Francisco Rent Ordinance)
Operative Text
(a) Foreclosure is defined for purposes of this Section 37.9D as the reversion or transfer of title to a property to a lender, mortgagee, or beneficiary of a deed of trust, or an agent thereof, in full or partial satisfaction of a defaulted obligation. This definition of "foreclosure" includes but is not limited to the definition in California Civil Code section 2924. (b) Any residential tenant who was in possession of a rental unit at the time of foreclosure may not be evicted by the person or entity who took title through foreclosure (see Section 37.9D (a)), except for just cause as provided in Section 37.9 and related provisions of Chapter 37 , or at the end of the tenant’s existing lease, whichever occurs later. (c) To the extent permissible under state and federal law, any residential tenant who has a valid lease or rental agreement at the time of foreclosure may enforce that rental agreement after foreclosure. (d) A tenant whose landlord recovers possession or endeavors to recover possession of the unit in violation of this section may exercise any remedies available under this Chapter or under other applicable law. (e) Within 15 days after foreclosure of a residential property subject to this Section 37.9D , the person or entity that takes title must provide to the tenant or tenants in the property (see Subsection 37.9D (b)) notice of their rights under this Section 37.9D . (i) The notice shall be in the following form in bold type of at least 14 points: NOTICE UNDER SAN FRANCISCO ADMINISTRATIVE CODE SECTION 37.9D. To all tenants residing at: ____________ (property address). Date: ____________ The person or entity named below obtained title through foreclosure to the property in which you reside, on: ____________ (date). You are hereby advised that under San Francisco Administrative Code Section 37.9 you may not be evicted from the rental unit in which you reside unless the landlord has a just cause for eviction under Section 37.9(a) of the San Francisco Administrative Code. Additional information on your tenant rights under this ordinance is available from the San Francisco Residential Rent Stabilization and Arbitration Board, 25 Van Ness Avenue, San Francisco, California, telephone number (415) 252-4602. Name of lender and contact telephone number: ____________. (ii) Notice required by this Section 37.9D shall be provided either; by both posting a copy of the notice in a conspicuous place on the property and by first-class mail to each affected residential unit; or by posting a copy of the notice in a conspicuous place on the property and in a prominent place on each affected residential unit. (iii) It shall be a defense to an eviction utilizing the just cause provisions of Section 37.9 , if a landlord who is required to provide the notice required by this Section 37.9D endeavors to recover possession prior to providing this notice and the notice required by Civil Code section 1962.
San Francisco Administrative Code § 37.9D establishes that when a residential property is foreclosed upon, the new titleholder cannot simply remove existing tenants. Tenants who were living in the unit at the time of foreclosure retain the right to stay until a just-cause eviction ground under § 37.9 applies, or until their existing lease ends — whichever comes later. The new owner must also deliver a formal written notice of tenant rights within 15 days of taking title, and existing lease agreements generally remain enforceable after the foreclosure event.
Plain English — not legal advice.
Under § 37.9D, a property owner or entity that acquires title through foreclosure must treat existing tenants as protected occupants subject to San Francisco's just-cause eviction requirements, not as holdovers who can be removed at will. Within 15 days of taking title, compliant operators deliver the prescribed bold-type notice — in the exact form specified by § 37.9D(e)(i) — by posting it conspicuously on the property and mailing or posting it to each affected unit. Attempting to recover possession before providing both this notice and the Civil Code § 1962 notice can itself become a defense for the tenant in any subsequent eviction proceeding under § 37.9D(iii).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37.9D of the San Francisco Administrative Code means that a foreclosure on your building does not end your tenancy or your lease; the new titleholder must have a just-cause reason under § 37.9 to evict you, and your existing rental agreement generally remains in force. You are also entitled to receive a formal written notice of these rights within 15 days of the foreclosure, and if that notice was never delivered, it may serve as a defense in an eviction case. The San Francisco Residential Rent Stabilization and Arbitration Board (reachable at 25 Van Ness Avenue or (415) 252-4602) can provide information about rights under this ordinance, and tenant-rights organizations can help you understand the general enforcement paths available to you.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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