SB 939 Summary

• Prohibits commercial landlords from serving eviction notices on eligible COVID-19 impacted commercial tenants for unpaid rent accrued during the state of emergency until 90 days after the emergency is lifted, if the tenant provides written notice affirming eligibility under penalty of perjury.

• Defines "eligible COVID-19 impacted commercial tenant" as a commercial tenant operating primarily in California that experienced a 20% or more revenue decline, was prevented from opening, or suffered a 15% or more capacity reduction due to COVID-19 related orders.

• Renders void any eviction notices served during the emergency that require payment of rent accrued during the state of emergency or replenishment of security deposits applied to unpaid emergency-period rent.

• Authorizes qualified small businesses (eating/drinking establishments, entertainment venues) experiencing 40% revenue decline to negotiate lease modifications with landlords and terminate leases if negotiations fail within 30 days, with obligations to pay only three months of past-due emergency rent plus all non-emergency rent within 12 months.

• Subjects landlords to civil liability of $250 to $2,000 per incident for harassment, intimidation, threats, or retaliation against commercial tenants; designates willful violations as unlawful business practices under state law.