Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. Community Economic Justice Clinic Services, EBCLCs Tenant Opportunity to Purchase Act (TOPA), Consumer Justice & General Clinic Services, Education Defense & Justice for Youth Services, Student-Initiated Legal Services Projects. I applaud the leadership of Council President Bas and Councilmember Kalb. "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. Why Doesnt the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. 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. because of it. More than 100 people spoke during public comment. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the Hannah Kirk, a self-described single mom who rents out part of her property in Oakland, described having no recourse to evict a problem tenant who refuses to pay rent. We think the order is functionally useless, and it is certainly not a moratorium. steps to respond to the lawsuit in time. 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. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. Leah Simon-Weisberg, legal director for advocacy organization ACCE, which participated in the lawsuit, said the tenant group is relieved but not surprised by the order. Oakland's eviction moratorium, authored by councilmembers Nikki Fortunato Bas and Dan Kalb with City Attorney Barbara Parker, was designed to "preserve and increase housing security for . Future protection never expires for tenants who cannot pay rent during the State of Emergency due to COVID-19. As long as you do not fall into one of the exceptions above, the moratorium covers you. During the September hearing, Beeler said the ongoing moratoriums gave her pause. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. It Tenants living in the same unit as their landlord (sharing a bathroom or kitchen). Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. The law suggests some types of proof, but it doesnt limit you to those options. The ordinance will have its second reading for final passage on May 2, 2023. Who Does the Oakland Moratorium Apply to? "Im feeling cautiously optimistic, said Kijani Edwards, the director of ACCE's Oakland office. All Access Digital offer for just 99 cents! If you are unable to pay rent during the State of Emergency because of COVID-19, you cannot be evicted in the future for failure to pay that rent. Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. 2) The eviction is because the tenant is an imminent health or safety risk to other occupants. In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take steps to respond to the lawsuit in time. Who Does the Oakland Moratorium Apply to? In order to evict a tenant for breach of lease, the landlord must prove that the breach of lease is based on a term that the tenant accepted in writing, Tenant cannot be evicted for owing less than 1 month of HUD fair market rent, Conform occupancy limitations to State Law. 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis Find him taking walks around town; he is always looking for story tips. How Long Does the Eviction Moratorium Last? Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? "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.". 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. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. This material may not be published, broadcast, rewritten, or redistributed. BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. He is CEO of Madison Park, which owns numerous rental buildings in Oakland and elsewhere. The Oakland City Council debated Tuesday whether to allow the city's Covid-19 eviction ban to expire at the end of April, and enhance the . New Sunset of Eviction MoratoriumNow 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. Sign up for The Oaklandsides free daily newsletter. All rights reserved, Oakland's Community & Economic Development Committee. As long as you do not fall into one of the exceptions above, the moratorium covers you. 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 If your landlord filed an eviction lawsuit against you during the We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Those who still need help with rent will be directed to the citys rental assistance program, which council members on Tuesday said has not been fully utilized. The law limits rent increases for rent-controlled tenants. pass a law that says otherwise. What Types of Evictions Does the Moratorium Cover? Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . Ordinarily, a landlord might be able to increase your rent for more than the CPI by banking prior increases or capital improvements. Many owners of rental property in Oakland have been anxiously awaiting her ruling, including several across the country whove gotten in touch with The Oaklandside. If Beeler had ruled in their favor, the city and county would have been forced to end the moratoriums immediately, but her order denies summary judgment, so the case will continue working its way through court, likely going to trial next year. Here are five key structures that need to bounce back to help the city recover. Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking those are an option for you, you could have a friend or coworker testify in court. If you cannot pay rent An earlier proposal by Bas and Councilmember Dan Kalb had sought to phase out the moratorium gradually beginning in September, and it would have forced landlords to prove that their lease-violating tenants caused substantial actual damage.. 2) Protection Against Future Evictions for Nonpayment of Rent Here's an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every reason. now for almost any reason including failure to pay rent. Im proud to have led the Councils work to end the moratorium responsibly, with time to inform and support tenants and property owners before the end date of July 15, and Im grateful that we added new tenant protections to help avoid the eviction cliff that we see happening in other cities., Oaklands eviction moratorium has kept renters in their homes during risky and unprecedented times and undoubtedly kept many from becoming homeless. If none of those are an option for you, you could have a friend or coworker testify in court. They urged the council to end the moratorium sooner than July. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. "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. The landlords argue that the city and county COVID-19 eviction bans, in place since March 2020, constitute an illegal taking of private property by the government and violate state law. Abrupt closure of S.F. 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. What is Protect Oakland Renters? However, he maintains that putting people out on the street making people homeless doesnt get [the landlords'] money back at all.". The law suggests some types of proof, but it doesnt limit you to those options. 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. Official Website for the City of Oakland | Mayor Sheng Thao, 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. Create your own unique website with customizable templates. 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. March 9 and currently ends on April 8. Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. 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). On March 27, 2020, Governor Newsom issued an order on evictions that changed procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. Repeal the Costa-Hawkins Rental Housing Act. Tenants living in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people. 10 years) OR letter from your current or former employer, a letter from your childs school, or medical records. I wont say Im thrilled with all the modifications, but part of the legislative process is the art of compromise in a fair fashion, as long as you still have a good end product and I think we still do, Kalb said at Tuesdays meeting, where public comment lasted several hours. 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. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. 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If your tenancy is covered by Oaklands rent issue an eviction moratorium. Owner move-in As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? If your tenancy is covered by Oaklands rent control ordinance, then during the emergency period your landlord cannot give you a rent increase of more than Oaklands yearly CPI increase. your tenancy. There are also extra protections for nonpayment evictions in the future. prior increases or capital improvements. Oakland to Phase Out COVID-19 Related Eviction Moratoriums. San Francisco approved a similar plan in March to wind down its eviction moratorium. The eviction moratorium will also apply to units previously exempt from the Just Cause for Eviction . She has provided coverage on wildfires, mass shootings, the fatal shooting of police officers and massive floods in the North Bay. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. "Before they ask any further owners to take on this responsibility, there has to be funding, because were all going to be homeless if the banks get our property,said Oakland resident and landlord Michelle Hailey. Ive spent time listening to multiple perspectives, and as Council President I am committed to moving forward a proposal that is responsible and meets our broader goals of housing stability, homelessness prevention, and certainty about the end of the moratorium, said Council President Nikki Fortunato Bas. Credit scores go flat, They said it: Nowhere for the water to go, Total dominance: Steph Curry breaks NBA Game 7 record, leads Warriors over Kings. Many property owners said they resented how tenants have painted them as money-hungry villains. Legal Q & A -. does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. She was previously on staff at Berkeleyside, where her extensive reporting on the legacy of school desegregation received recognition from the Society of Professional Journalists NorCal and the Education Writers Association. 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.. Which City Officials Supported the Oakland Evictions Moratorium? Question 1: I am still confused about the eviction moratoriums in Oakland and Alameda County. Did Governor Newsom Pass an Eviction Moratorium in California? Berkeley extended its moratorium until the end of August. Get Morning Report and other email newsletters. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . 629 If you want to plan the perfect spring picnic, food and drink are important, but its certainly not the only factor to consider. 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. Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. This moratorium disallows those types of increases. Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. In recent weeks, political drama around the eviction ban engulfed Councilmember Carroll Fife, who at a previous meeting rebuked several landlords for suggesting they had effectively become slaves to their tenants because of the moratorium. 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. It passed Council by a unanimous vote. On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. There is no special exception for single family homes. However, you may wish to send some kind of notification to your landlord about your rent payments. This legislation will keep Oakland families housed as we move up and out of the pandemic, said Leah Simon-Weisberg, Legal Director for ACCE Institute. A landlord cannot evict you if the landlord: If your landlord does file an eviction lawsuit against you, you still need to take steps to respond to the lawsuit in time. Here's an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every reason. This proposal will continue the current eviction moratorium until July 14, 2023 and end it on July 15, 2023. The zip code 94606 which includes the Eastlake and San Antonio neighborhoods had the most eviction notices filed since 2018 2,066 notices, said Council President Bas. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. Alameda County COVID-19 Eviction Moratorium . During the unprecedented global pandemic, our eviction moratorium met its goal of keeping people housed and preventing homelessness for many Oaklanders. (The governor can do that, but he hasnt.). Another resident said, Our lives should be worth more than somebody elses profit., Bas said in a statement that Tuesdays legislation allows for outreach, education, and support to tenants and property owners; provides a clear end to the moratorium on July 15; and adds new permanent tenant protections to help avoid a surge in evictions.. Just before . If youre thinking of altering your workout routine, youre probably looking for new exercises and equipment to help you reach your fitness goals. Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. lawsuit filed by a group of rental property owners, Eviction attempts plummeted during the pandemic in Oakland, No evictions in Oakland, Alameda County until after COVID-19 emergency, Can you get evicted in Oakland? Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. If you do not provide documentation or are being evicted for any reason besides nonpayment of rent, there are three exceptions to the eviction ordinance: . Unfortunately, no individual city can Oakland to consider phasing out controversial eviction moratorium. 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. Heres Over the course of the next 15 months, the Oakland City Council has decided to gradually eliminate the city's pandemic-related moratorium on evictions and rent 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. that we think is deeply unhelpful to tenants. Your landlord can sue for the rent in other forums-- for example, in small claims court. 629. 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. 600 more apartments at Brooklyn Basin? Ideally your landlord will not file a lawsuit they cant win. the continued application and enforcement of the eviction moratorium is an . Will you support us today? All rights reserved. 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 . Tuesday's committee meeting is scheduled to start at 4 p.m. Kalb hopes the proposed ordinance will be heard before the full council the following week. petitions the Oakland Rent Board for a fair return. Magazine Articles. 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. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. The law also protects against many future evictions for nonpayment of rent. 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. Those protections include providing legal defense for tenants evicted for nonpayment of rent due to COVID and prohibiting landlords from evicting a tenant who owes less than a month of what the federal government defines as fair market rent. Council Member Noel Gallo, who wanted the eviction moratorium to end at the end of May,voted against the proposal. 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. If your landlord gave you an eviction notice prior to the State of the ordinance prohibits your eviction and there are no exceptions. East Bay Community Law Center (510) 548-4040, ext. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. 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. You could use pay stubs, a You should also collect and keep On Tuesday, Fife said she made her comments because she was triggered by the comparison to slavery. Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run The council meeting, which went on past midnight, ended with . The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. The order The top 10 most expensive home sales in Oakland, reported the week of April 24, Single-family house sells for $1.7 million in Fremont, Single family residence sells for $3.3 million in Palo Alto, California consumers struggling? Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. What am I? Nonpayment of rent Natalie Orenstein covers housing and homelessness for The Oaklandside. then the moratorium does not apply to your tenancy. 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. Fifes supporters held signs that showed the impacts of lynching and other images of slavery. Before the vote, Oakland City Council said that if the legislation passed for a July 15 moratorium end date, the city is committed to providing outreach and education for tenants and landlords to access resources and support over 75 days before the July deadline. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Emergency, that notice is legally invalid. This is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. Protection Against Future Evictions for Nonpayment of Rent. Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. This protection applies even. also prohibits charging late fees associated with the back rent. Legal Help: You will still owe that rent in the future, but you cant be evicted for failing to pay it, even after the emergency period ends. After outcry by landlords, City Council president announces discussion next month. The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. out yet), that notice is also legally invalid. Bas and Kalb have been working on the legislation for months. (The governor can do that, but he hasn't.). I deeply regret any individual who took my words and misunderstood my heart, the councilmember said. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. I Cant Pay Rent Right Now How Does the Moratorium Work for Me? Updated: Apr 26, 2023 / 05:08 AM PDT. The Oaklandside relies on reader support to remain free for everyone in our community. Alameda County's eviction moratorium is set to expire on April 29. eviction cases if tenants take affirmative steps now and provide information to their landlords. emergency period, it is also invalid. Here's an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every reason. Certain evictions will be allowed to resume in May. 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. Some people have since objected to her comments, saying her use of the word yellow was offensive. ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. I Cant Pay Rent Right Now - How Does the Moratorium Work for Me?
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