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 definitions 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 protections for residential tenants living in a property at the time it changes hands through foreclosure. Under this provision, the new titleholder — whether a lender, mortgagee, or their agent — cannot remove tenants without a just cause recognized under § 37.9, or until the tenant's existing lease expires, whichever comes later. The new owner must also deliver a specific written notice of tenant rights within 15 days of the foreclosure, and tenants may enforce any valid lease or rental agreement that was in place at the time of foreclosure, to the extent state and federal law permit.
Plain English — not legal advice.
Property owners or entities that acquire title through foreclosure under § 37.9D are generally expected to serve the required bold-type notice to all residential tenants within 15 days of taking title, using the prescribed delivery methods — either posting plus first-class mail, or posting in conspicuous and prominent locations. Compliant operators do not initiate eviction proceedings against tenants who were in possession at the time of foreclosure without first establishing a valid just cause ground under § 37.9. Failure to provide the notice required by § 37.9D before attempting to recover possession can itself be raised as a defense by the tenant in any subsequent eviction proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residential tenants who were living in a property at the time of foreclosure retain significant protections under § 37.9D, including the right to remain until a just cause for eviction exists under § 37.9 or their lease term ends, whichever is later. Tenants are also entitled to receive a formal written notice of these rights from the new titleholder within 15 days of the foreclosure, and if that notice was not provided before an eviction was attempted, it may be raised as a defense in the eviction proceeding. Tenants seeking more information about these rights can contact the San Francisco Residential Rent Stabilization and Arbitration Board or reach out to a local tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.