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In an update to our client alert from November 30 regarding the San Francisco commercial eviction moratorium previously passed by the Board of Supervisors, we note that, following our publication of the client alert, the Board of Supervisors, on December 1, amended the moratorium to clarify previous language on a retail tenant’s right to terminate its lease that was ambiguous.
As previously described in our November 30 alert, the City of San Francisco has divided “Covered Commercial Tenants”[1] into four tiers based on the number of full-time employees they have. Tier 1 tenants have 9 or fewer full-time employees, Tier 2 tenants have between 10 and 24 full-time employees, Tier 3 tenants have between 25-49 full-time employees, and Tier 4 tenants have 50 or more full-time employees. In the December 1 update, the Board of Supervisors explained that the date for which the number of employees is determined is November 1,