Skip to code content (skip section selection)
“Covered Commercial Tenant” means a tenant or subtenant registered to do business in San Francisco under Article 12 of the Business and Tax Regulations Code with combined worldwide gross receipts for tax year 2019 for purposes of Article 12-A-1 of the Business and Tax Regulations Code equal to or below $25 million, which amount shall be prorated in the case of businesses that were not open for the entire 2019 tax year. However, “Covered Commercial Tenant” shall not include a tenant or subtenant that occupies property that is zoned or approved for use as Office Use (as defined in Section 102 of the Planning Code), unless such tenant or subtenant has established and maintains valid nonprofit status under Section 501(c)(3) of the United States Internal Revenue Code. “Covered Commercial Tenant” also shall not include a tenant or subtenant leasing property from the City and County of San Francisco.
“Financial Impact Related To COVID-19” means a substantial decrease in a Covered Commercial Tenant’s business income or substantial increase in its business expenses that arose due to illness or other disruption, reduced open hours, or reduced consumer demand, related to COVID-19. An example (without limitation) of financial impact would be if the tenant’s profit and loss statement showed that net income decreased by 25% or more in a given month as compared to the same month in 2019. A financial impact is related to COVID-19 if it was caused by the COVID-19 pandemic, or by any local, state, or federal government response to the COVID-19 pandemic, and is documented.
“Forbearance Period” means the time period by which a Covered Commercial Tenant that was unable to pay rent due to a Financial Impact Related to COVID-19 must pay the rent, as set forth in Section 37C.3(a)(1)-(4).
“Moratorium Period” means the period from March 16, 2020 until the expiration of paragraph 2 of E.O. N-28-20, as extended by Executive Orders N-66-20, N-70-20, and N-80-20, and as may be further extended by the Governor.
“Tier 1 Commercial Tenant” means a Covered Commercial Tenant that employs fewer than 10 full-time equivalent (“FTE”) employees as of November 1, 2020.
“Tier 2 Commercial Tenant” means a Covered Commercial Tenant that employs between 10 and 24 FTE employees, inclusive, as of November 1, 2020.
“Tier 3 Commercial Tenant” means a Covered Commercial Tenant that employs between 25 and 49 FTE employees, inclusive, as of November 1, 2020.
“Tier 4 Commercial Tenant” means a Covered Commercial Tenant that employs 50 or more FTE employees as of November 1, 2020.