Tenants living in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . Tenants Union, the East Bay Community Law Center, and East Bay Housing Organizations (EBHO). No individual city can pass a law that says otherwise. (BCN) Oakland's City Council has voted to phase out the city's pandemic-related moratorium on evictions and rent increases over the next 15 months . The council adopted its restrictions on eviction in March 2020 in an effort to prevent homelessness, ensure residents could comply with the shelter-in-place orders in effect at that time and avoid punishing residents who lost income due to the pandemic. If you cannot pay rent "I still havent gotten five dollars from her, Williams said of his tenant, who he added has not paid him rent since the start of the pandemic. Downtown S.F. On Tuesday, Fife said she made her comments because she was triggered by the comparison to slavery. After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. Extended multiple times, the moratoriums are now set to expire once the county Board of Supervisors and Oakland City Council declare an end to the local states of emergency. East Bay Community Law Center - (510) 548-4040, ext. Previously, she covered breaking news and crime for The Chronicle. Opinion: How could the As ungrateful owner do this to us? Berkeley extended its moratorium until the end of August. If your landlord gave you an eviction notice prior to the State of Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run out yet), that notice is also legally invalid. "We knew that the moratorium would end at some point, but we need a responsible phase-out instead of dumping people out all at once on the streets, Edwards continued, explaining that tenants have expressed to ACCE that they need time to prepare for the end of the moratorium. Heres against being evicted for failure to pay rent. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . The city of Oakland and county of Alameda took brave and decisive action which protected untold numbers of tenants during a once-in-a-lifetime pandemic, she said. Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. How we transition out of a moratorium that prevented thousands of tenants from becoming homeless will determine whether Oakland can prevent another housing crisis. The moratorium protects you in two ways. If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. How renters will be protected when Oaklands, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), How renters will be protected when Oaklands eviction ban ends in July. Los Angeles County's Oakland and Alameda County had the authority under state law to pass local eviction moratorium ordinances that went further than Californias statewide tenant protections, she said. lawfully evict you for not paying. But she said the legislation falls short of banning frivolous evictions, where tenants breach their lease with less serious offenses, for example, by placing plants on their porch when their lease states plants are prohibited. Bay Area Legal Aid - (510) 250-5257. You will still owe that money, but you cant be displaced from your home because of it. If you value what you get from The Oaklandside, please join us with a tax-deductible donation today so we can continue doing the local reporting that matters to you. Just before midnight Tuesday, the city council voted 7-1 to sunset the pandemic-era policy, while adding permanent just cause protections to keep tenants from being evicted in droves this summer on flimsy pretenses. Copyright 2023 NBCUniversal Media, LLC. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. This article was posted on Monday, May 01, 2023. late fees, as well. This protection applies even. Alameda County's eviction moratorium has come to an end, leaving tens of thousands of renters to pay rent for the first time in three years. 629, Legal Assistance for Seniors (510) 832-3040, Asian Pacific Islander Legal Outreach (510) 251-2846, Causa Justa Just Cause Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants inEnglish & Spanish); (510) 763-5877 (main number, tenant organizing), Alliance of Californians for Community Empowerment (510) 269-4692 (tenant organizing), Oakland Tenants Union (510) 704-5276 (tenant counseling). But tenants cannot lose their housing for nonpayment during the State of Emergency. COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. Refusing to sign a new lease with materially similar terms because of COVID-19, you will win the eviction lawsuit. Your landlord can sue for the rent in other forums-- for example, in small claims court. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. Oakland to Phase Out COVID-19 Related Eviction Moratoriums. The proposal, introduced by Council President Nikki Fortunato Bas and Council Member Dan Kalb, who is running for state Senate, is an amended version of a proposal they introduced in March. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. You are protected from any late fees, as well. Will you support us today? valid reason, you still have to respond in order to protect your rights. OAKLAND, CA - Late last night, Oakland City Council passed legislation to sunset the COVID-19 eviction moratorium in a responsible manner, as well as add new permanent tenant protections. If youre thinking of altering your workout routine, youre probably looking for new exercises and equipment to help you reach your fitness goals. The law does NOT require you to provide personal documents like bank statements, pay stubs, or medical records to your landlord at this time, or to give your landlord personal information about your situation, even if your landlord asks you for it. If at that time you prove that you couldnt pay rent All Access Digital offer for just 99 cents! This moratorium disallows those types of increases. The new ordinance establishes a timeline to end the moratorium, rather than leaving the expiration date tied to the end of the Local COVID-19 Emergency. Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking also prohibits charging late fees associated with the back rent. If your landlord filed an eviction lawsuit against you during the The five-county region saw more than 6,300 eviction filings between July 2021 and June 2022, a spike that started when many eviction bans started to expire in September 2021. We amplify community voices, share information resources, and investigate systems, not just symptoms. The eviction moratorium will also apply to units previously exempt from the Just Cause for Eviction . Alameda County and Oakland eviction bans now are among the stiffest local renter protections remaining in the state. During the September hearing, Beeler said the ongoing moratoriums gave her pause. I applaud the leadership of Council President Bas and Councilmember Kalb. an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every Fifes supporters held signs that showed the impacts of lynching and other images of slavery. 10 years) OR Legal Assistance for Seniors (510) 832-3040 Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. There are also extra protections for nonpayment evictions in the future. First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. For evictions based on non-payment of rent that accrued between March 9, 2020 and July 14, 2023, tenant will have a defense if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic. you live in a single family home and your landlord lives there too then the moratorium does not apply to cannot lose your housing. Berkeley to spend quarter-million for first 24-hour public bathroom. ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. 629 It passed Council by a unanimous vote. A California man is forced to live in a country hes never known, Warriors lean into championship DNA, beat Kings behind sublime Curry, Your Privacy Choices (Opt Out of Sale/Targeted Ads). Big shift in weather is headed to California. Oakland to consider phasing out controversial eviction moratorium. Legal Q & A -. if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. You are protected from any Governor Newsom did not issue an eviction moratorium. He said he received a foreclosure letter for his property on Friday. Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for Whether or not you pay rent right now is a personal matter that depends on what choices and resources pass a law that says otherwise. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? control ordinance, then during the emergency period your landlord cannot give you a rent increase of more And second, even after the State of Emergency (The governor can do that, but he hasnt.). Copyright 2023 Nexstar Media Inc. All rights reserved. And landlords cant remove a tenant who owes less than a month of whats considered fair rent for an equivalent unit on the market. A key clause in the ordinance that would have strengthened Oakland's permanent just-cause eviction protections was not part of the approved policy. (The governor can do that, but he hasn't.). How dare you? The council meeting, which went on past midnight, ended with . Protection Against Future Evictions for Nonpayment of Rent. Did Governor Newsom Pass an Eviction Moratorium in California? He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. The lawsuit was filed in March by five local, small landlords, along with the nonprofit Housing Providers of America, which was incorporated early this year by prominent local developer John Protopappas. Official Website for the City of Oakland | Mayor Sheng Thao. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. While Hailey doesn't currently have tenants who are not paying rent, she said she is opposing the proposed ordinance to support other landlords she knows. Earlier in the day, Alameda County awarded a new grant to the nonprofit Centro Legal de la Raza, which primarily offers legal services including assistance with housing disputes to undocumented residents. Here are five key structures that need to bounce back to help the city recover. Question 1: I am still confused about the eviction moratoriums in Oakland and Alameda County. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. East Bay Community Law Center (510) 548-4040, ext. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. You will still owe that money, but you cant be displaced from your home You will still owe that rent in the future, but you cant be evicted for failing to pay it. Currently, that amount is 3.5%. In Oakland, a debate is heating up about how pandemic protections against eviction should come to a close. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever If approved by the Oakland City Council, the timeline would be as follows: BACKGROUND:Current Oakland Eviction Moratorium (in effect): Just Cause OrdinanceThese Permanent Tenant Protections would be added: Cinthya Muoz Ramos The legislation states that a landlord can evict a tenant for breach of their lease. Oakland and Alameda County had the authority under state law to pass local eviction moratorium ordinances that went further than California's statewide tenant protections, she said. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. She shares the beliefs many landlords do -- that theyre being taken advantage of. The ordinance will have its second reading for final passage on May 2, 2023. First, your landlord cant legally give you an eviction notice right The building you live in was constructed in 1996 or later "We feel now is the appropriate time to phase out our eviction moratorium, while at the same time, we want to strengthen our ongoing and permanent eviction protections.". out yet), that notice is also legally invalid. And second, even after the State of Emergency ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. I deeply regret any individual who took my words and misunderstood my heart, the councilmember said. Now through July 14, 2023: Current eviction moratorium remains in place; July 15, 2023: Eviction moratorium and late fee moratorium end; July 1, 2024: Rent increase moratorium ends: Existing rent increase moratorium is a 3% cap with no pass . This allows people to get evicted for not covering 75% of their floors with carpets I had that in my lease, said William Wilcox, an Oakland resident who works in affordable-housing services. In March 2020, Councilmembers Bas and Kalb authored and passed the residential eviction moratorium in response to the COVID-19 pandemic to promote housing stability, encourage compliance with shelter-in-place orders, prevent transmission of COVID-19, and avoid unnecessary displacement and increased homelessness. I dont know if any of you have ever received an eviction notice, but until you do it is really hard to appreciate the sheer terror youll feel, a member of the Oakland Tenants Union said. What am I? I can't sleep at night because I know I have to pay this bill tomorrow and that bill the next day and I don't have enough money to pay, and I have to work day and night, three jobs to get by, said Lynn Truong, Oakland property owner. Chief of Staff Council President + District 2 Councilmember cmunozramos@oaklandca.gov 510-238-7246, Amended Legislation To Phase Out Oakland COVID-19 Eviction Moratorium And Add New Permanent Tenant Protections Moves Forward to Full City Council, Council President + District 2 Councilmember, amended legislation to phase out the COVID-19 eviction moratorium, Now through July 14, 2023 current eviction moratorium continues, July 15, 2023 - eviction moratorium and late fee moratorium end, July 1, 2024 - rent increase moratorium ends, Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE, The landlord lives in the unit with the tenant and shares a bathroom or kitchen; or, The tenant created an imminent health/safety threat at the property; or, The landlord is removing the unit(s) from the rental market for at least 10 years (Ellis Act), Unless there is a lease provision to the contrary, no late fees for unpaid rent, For rent-controlled properties, the landlord can raise the rent, but not above the cap of 3%, No pass-through increases or banking are allowed. letter from your current or former employer, a letter from your childs school, or medical records. How will courts rebuke of Berkeleys natural-gas ban affect the national movement it began? What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? As Fife spoke, a woman who stood with pro-landlord groups yelled that she was being treated as a slave and security eventually escorted her out of the council chamber. Tenants living in a building constructed in or after 1996. The eviction is because the tenant is an imminent health or safety risk to other occupants. Latest California Snow Survey Shows Plenty of Snow Still in the Sierra Nevada, How to Watch Warriors vs. Lakers Game 1 Second-Round Playoff Series, 25-Year-Old Makes $200/Hour Without a Bachelor's Degree: I Work Less Than 6 Hours a Day', San Jose Police Arrest 3 Suspects in Robberies Targeting AAPI Community, Aerosmith Farewell Tour: Band to Play 2 Bay Area Shows. Just Listed: Developement sites in Hayward that can be entitled for up to 66 Townhomes or 182 Apartments. During the unprecedented global pandemic, our eviction moratorium met its goal of keeping people housed and preventing homelessness for many Oaklanders. now for almost any reason including failure to pay rent. does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. The City Council will consider the proposal on April 18, 2023 at 4pm. Under Oakland's moratorium, renters who are protected by the city's Just Cause for Eviction policywhich typically applies to all buildings constructed before 1996 can only be evicted in very rare cases. Thank you for supporting The Oaklandside and being a part of our community. (Keith Burbank/Bay City News). A federal judge has denied an initial attempt by landlords to strike down Oakland and Alameda Countys eviction moratoriums, meaning the bans on removing tenants from their housing will remain in effect while a court case considering the policies constitutionality continues. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the While some cities and counties in the Bay Area tied their phase outs of pandemic-related eviction protections to the end of the states COVID-19 state of emergency, the policy as proposed by Council members Nikki Fortunato Bas and Dan Kalb will allow the city to help tenants and property owners transition out from under the moratoria. If you cannot pay rent accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever lawfully evict you for not paying. During the meeting, Council Member Carroll Fife addressed comments she made at an April 11 committee meeting where she criticized landlords who compared their experiences as property owners to slavery. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Causing substantial damage to the premises 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis against being evicted for failure to pay rent. But you should collect proof of COVID-19s financial impact because you can present that information in court if your landlord tries to evict you. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. Alameda County's eviction moratorium is set to expire on April 29. As long as you do not fall into one of the exceptions above, the moratorium covers you. Oaklands eviction moratorium one of the strongest in the state met the challenges of keeping Oakland residents housed and curbing the spread of COVID-19, while other measures provided emergency rental assistance, mortgage relief, legal services, and other support. Evictions are not allowed in almost all cases, with some exemptions for direct safety threats posed by tenants, or if the landlord wants to take the building off the rental market. Oakland officials decided early Wednesday to end an eviction moratorium enacted during the COVID-19 pandemic amid increased pressure from landlords who say theyre owed thousands of dollars in rent. needs these 5 sites to thrive so the city can recover. On 15 January 2022, the city's moratorium lifted. The only exception is if your landlord petitions the Oakland Rent Board for a fair return. If none of the ordinance prohibits your eviction and there are no exceptions. The legislation was co-authored by Council President Nikki Fortunato Bas and Council President Pro Tempore Dan Kalb, who also co-authored the 2020 eviction moratorium. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . The moratorium applies to all tenants in the City of Oakland who are covered by Oakland's Just Cause for Eviction Ordinance. Currently, Oakland landlords are prohibited from evicting tenants overCOVID-related rent debt per an eviction moratorium passed in March 2020 to protect people from losing their homes if they couldnt pay rent due to job losses or other economic hardship spurred by the pandemic. It took city officials weeks to fine-tune the new ordinances details amid contentious debate as well as numerous demonstrations between East Bay landlords and the citys renters. Thank you. Thanks to Steph Currys 50-point day, Warriors beat the Kings in Game 7 to advance, Mortgage fees to rise for buyers with high credit scores, fall for those with lower scores, Concord: Man killed in 4:30 a.m. solo crash on I-680, Tucker Carlson: How early rejection by hippie San Francisco mom made him shameless, Do Not Sell/Share My Personal Information. . The future protection for tenants related to nonpayment of rent does not expire. (Oakland residents only) 510-251-2846 FOR HOMEOWNERS Magazine Articles. The City Council voted to approve the ordinance in the late night hours, setting a hard end date instead of a gradual phase out that would have ended the pandemic-era eviction moratorium in September. is the city's financial engine and it is sputtering. Copyright 2023 NBCUniversal Media, LLC. Williams said his tenant's nonpayment has placed a significant financial strain on him. Eviction Defense Center - (510) 452-4541. Your landlord can sue for the rent in other forums for example, in small claims court. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. The law limits rent increases for rent-controlled tenants. Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. In Oakland, in order to access those protections, you are not legally required to notify your landlord that Ive always been pro-tenant, and I find myself in this weird position, Kirk said. When City Council ends the Oakland COVID-19 State of Emergency. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. The Oaklandside relies on reader support to remain free for everyone in our community. Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. you and your family have available to you. Abrupt closure of S.F. Eviction Defense Center (510) 452-4541 The hearing was a significant step in a lawsuit filed by a group of rental property owners against the city and county in March, arguing that the pandemic eviction bans constitute an illegal "taking . Am I a despicable, horrible corporate being? "I am losing money, Ive lost value on the property, you know," Williams said, "Over the last year, nobody wants to buy a property with a tenant who doesnt pay.". 01 May 2023 18:27:02 Rates were lower in . Oakland city leaders on Tuesday are expected to vote on a proposed phase-out process for the city's eviction moratorium that has been a highly contentious issue for renters and landlords. For example, if you live in a single family home. Days could be numbered for the Alameda County and Oakland eviction moratorium policiesif a judge accepts the arguments presented by landlord attorneys at a federal court hearing Thursday.. This moratorium disallows those types of increases. 2) The eviction is because the tenant is an imminent health or safety risk to other occupants. The current eviction moratorium will continue until July 14, 2023 and end on July 15, 2023. New permanent tenant protections will codify the COVID eviction protection and create a threshold of one month of HUD fair market rent for non-payment of rent evictions, among other things. Sign up for NBC Bay Areas Housing Deconstructed newsletter. March 9 and currently ends on April 8. The council also voted to end the citys moratorium on rent increases above the consumer price index on July 1, 2024. This story was updated shortly after publication with a statement from City Attorney Barbara Parker. If you do, you can easily win the lawsuit without having to produce Like many cities, Oakland has had an eviction moratorium in place since the start of the pandemic in March 2020. This S.F. Legal Help: Centro Legal de la Raza - (510) 437-1554. Tenants will not owe back rent for what went unpaid in the time since the eviction moratorium first took effect in March 2020, as long as they can demonstrate financial losses due to COVID. We think the order is functionally useless, and it is certainly not a moratorium. Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting.

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