May 1, 2023. If I Live in a Single Family Home, Does the Moratorium Apply to Me? First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. Many speakers spoke in support of Bas and Kalbs legislation, which they said would wind down the moratorium in a safe way.. eviction cases if tenants take affirmative steps now and provide information to their landlords. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Berkeley to spend quarter-million for first 24-hour public bathroom. Legal Help: 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. Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally It extends the current eviction moratorium until mid-July allowing 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.. Eviction for substantial repairs. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. 629. If you live in a rent-controlled unit, your landlord cannot increase your rent greater than Oaklands yearly CPI increase (currently set at 3.5%) during the State of Emergency. You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. However, you may wish to send some kind of notification to your landlord about your rent payments. the continued application and enforcement of the eviction moratorium is an . Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. 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. 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. It is retroactive to ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. Oakland landlord stands to lose everything after tenant fails to pay The ordinance will have its second reading for final passage on May 2, 2023. Alameda County Ends Eviction Moratorium - NBC Bay Area You should also collect and keep some kind of notification to your landlord about your rent payments. 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. control ordinance, then during the emergency period your landlord cannot give you a rent increase of more Nonpayment of rent Ive always been pro-tenant, and I find myself in this weird position, Kirk said. 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.. Here are five key structures that need to bounce back to help the city recover. because of it. The Oaklandside relies on reader support to remain free for everyone in our community. The eviction moratorium will also apply to units previously exempt from the Just Cause for Eviction . 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. Many property owners said they resented how tenants have painted them as money-hungry villains. PDF Senate Budget and Fiscal ReviewNancy Skinner, Chair SUBCOMMITTEE NO. 5 Whether or not you pay rent right now is a personal matter that depends on what choices and resources you and your family have available to you. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Refusing to sign a new lease with materially similar terms Oakland City Council Approves July 15 End to COVID-19 Eviction Moratorium By NBC Bay Area staff Published April 18, 2023 Updated on April 19, 2023 at 6:29 am NBC Universal, Inc. What am I? "For so many, the pandemic has left an indelible financial and emotional impact. Eviction Defense Center - (510) 452-4541. View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run 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. 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. What Does the Moratorium Do About Rent Increases? First, your landlord cant legally give you an eviction notice right Am I a despicable, horrible corporate being? 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. Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. (View legislation here.) On Tuesday, Fife said she made her comments because she was triggered by the comparison to slavery. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. Some people have since objected to her comments, saying her use of the word yellow was offensive. NBA playoffs: When will the Warriors-Lakers series start? steps to respond to the lawsuit in time. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . Im proud of our City Council for taking this important step to gradually end the moratorium in a way that provides a transition time for tenants and property owners to work together on addressing outstanding rental payment," said Oakland City Councilmember Dan Kalb, one of the authors of the original eviction moratorium. Oakland to Phase Out COVID-19 Related Eviction Moratoriums It After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. 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. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. If you want to plan the perfect spring picnic, food and drink are important, but its certainly not the only factor to consider. Denying the landlord access to the unit if required by law California eviction moratorium expires, but local ordinances can keep As long as you do not fall into one of the exceptions above, the moratorium covers you. What is the Oakland Evictions Moratorium? then the moratorium does not apply to your tenancy. Downtown S.F. All rights reserved. Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever OAKLAND Property owners can once again kick out tenants for failure to pay rent starting July 15, a hard-fought compromise end date to the citys COVID-era ban on evictions. If you do, you can easily win the lawsuit without having to produce Your landlord cannot charge late fees for that rent. That proposal would have ended the moratorium in phases but did not have majority support from council members. Council President Nikki Fortunato Bas and . East Bay Community Law Center - (510) 548-4040, ext. Breach of lease (noncompliance with the terms of the lease), Refusing to sign a new lease with materially similar terms, Causing substantial damage to the premises, Denying the landlord access to the unit if required by law, If you are being evicted under the Ellis Act (removing the whole property from the rental market for 10 years) OR. Oakland COVID eviction moratorium to end in July 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. For folks who are saying that this is slavery, shame on you. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. Bay Area Legal Aid - (510) 250-5257. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. 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 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. I dont want to hear another white, yellow, whatever person talk about what my ancestors experienced being enslaved and making that akin to being a landlord never again., Fife drew backlash for using the word yellow in apparent reference to the numerous Asian property owners who have criticized the moratorium. The last three years of the pandemic have been unprecedented. This spring, Le Creuset has introduced an exciting new shade thats already selling fast: shallot, a soft lavender with pink and slight gray undertones. I dont want to hear another white, yellow, whatever person talk about what my ancestors experienced about being enslaved and making that akin to being a landlord.. 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. Causing substantial damage to the premises The reporters and editors on The Oaklandside are dedicated to sharing the mic, reporting on systems, not symptoms, and providing you with the information you need to be an informed resident of our city. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. The City of Oakland Police Station at 455 7th Street in Oakland, Calif. on Wednesday, March 3, 2021. The moratorium applies to all tenants in the City of Oakland who are covered by Oaklands Just Cause forEviction Ordinance. 1) A Ban on Almost All Evictions Bay Area Legal Aid (510) 250-5257 The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. 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. . Williams said he lives in the same West Oakland property where he also has a tenant. Sign up for NBC Bay Areas Housing Deconstructed newsletter. Future protection never expires for tenants who cannot pay rent during the State of Emergency due to COVID-19. prior increases or capital improvements. The ordinance will have its second reading for final passage on May 2, 2023. The only exception is if your landlord petitions the Oakland Rent Board for a fair return.. Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. The council meeting, which went on past midnight, ended with . Copyright 2023 NBCUniversal Media, LLC. The future protection for tenants related to nonpayment of rent does not expire. Natalie Orenstein covers housing and homelessness for The Oaklandside. Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . Evictions could still occur if the tenant created a health or safety threat at the property or if the landlord was removing the unit from the rental market for at least 10 years. Oakland to consider phasing out controversial eviction moratorium. Alameda County Eviction Moratorium Ends, But Not Lifted in All Cities 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). Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for 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). and co-sponsored by Oakland City Attorney Barbara Parker. This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. But I want it to be respected, because our pain should be not so cheap; our trauma and history should not be so cheap.. The future protection for tenants related to nonpayment of rent does not expire. Proposed Phase Out of Moratorium. 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. during the State of Emergency, and it is because of COVID-19 or some situation caused by COVID-19, The Oakland Moratorium was originally sponsored by Councilmembers Nikki Fortunato Bas and Dan Kalb Who Does the Oakland Moratorium Apply to? On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. At 11:59 p.m. on Saturday, April 29, Alameda County's eviction moratorium expired. Rates were lower in . The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. Oakland to Consider Phasing Out Eviction Moratorium You live in the same unit as your landlord (you share a bathroom or kitchen) The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. If I Live in a Single Family Home, Does the Moratorium Apply to Me? 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. 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, Eric Adams - Policy Analyst + Community Partnerships Manager, City Council Approves New Permanent Tenant Protections & End Date for COVID-19 Eviction Moratorium, legislation to sunset the COVID-19 eviction moratorium. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. However, he maintains that putting people out on the street making people homeless doesnt get [the landlords'] money back at all.". 2) Protection Against Future Evictions for Nonpayment of Rent What happens when Im forced to house someone against my will, in my home, for three years?, The property owners had the backing of Councilmember Noel Gallo, who cast the lone dissenting vote on the ordinance, saying we should find a way to work with the small landlord to make sure that theyre able to be compensated, maintain their property, be respected., What were doing today is going to discourage those that may have had an interest, who had an extra room, Gallo said, because they dont want to get into a situation that were (in) here today.. There are also extra protections for nonpayment evictions in the future. City of Oakland | City Council Approves New Permanent Tenant (The governor can do that, but he hasn't.). 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the Will you support us today? The moratorium protects you in two ways. Property owners hold signs stating how much they are owed in rent at a rally held by in front of Oakland City Hall. Alliance of Californians for Community Empowerment (510) 269-4692 (tenant organizing) What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? Berkeley extended its moratorium until the end of August. Opinion: How could the As ungrateful owner do this to us? Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Which City Officials Supported the Oakland Evictions Moratorium? Legal Assistance for Seniors - (510) 832-3040. you later on, you can present that proof in court. Magazine Articles. 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. Existing rent increase moratorium is a 3% cap with no pass throughs or banking. (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 landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. The only two exceptions to the blanket moratorium are If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict 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. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? 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. 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. Reach out 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. The timeline is as follows: 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. reason. (View legislation here and presentation here. Oakland City council just voted to approve the July 15 date to end the Covid-19 eviction moratorium, per legislation presented on Fri. A substantial damage clause was stricken from the legislation, disappointing tenant advocates concerned about unreasonable eviction. 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. be renewed. The blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. San Francisco approved a similar plan in March to wind down its eviction moratorium. East Bay Community Law Center - (510) 548-4040, ext. BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? 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. "We hope that the CED committee will do the right thing Tuesday when it comes to Oakland tenants, but we have reason to believe that it may not happen.". City of Oakland | Understanding Evictions in Oakland 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis Oakland to Phase Out COVID-19 Related Eviction Moratoriums. Find him taking walks around town; he is always looking for story tips. Sign up for The Oaklandsides free daily newsletter. Previously, she covered breaking news and crime for The Chronicle. Legal Q & A - May 2023 By Richard Beckman, Esq. - AOAUSA The exception to this requirement is ground-up new construction units that received a Certificate of Occupancy within the past 10 years, on a rolling basis. However, you cannot lose your housing. Ideally your landlord will not file a lawsuit they cant win. 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. The law limits rent increases for rent-controlled tenants. 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. evidence or get into facts of the case. If your tenancy is covered by Oaklands rent We think the order is functionally useless, and it is certainly not a moratorium. 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. If you are unable to pay rent 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. 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. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Just to stop it abruptly like that would be like a death sentence for a lot of renters, said Sameerah Karim, co-founder of Moms 4 Housing. Bay Area Legal Aid - (510) 250-5257. 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 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. The eviction is because the tenant is an imminent health or safety risk to other occupants. is the city's financial engine and it is sputtering. There are also extra protections for nonpayment evictions in the future. You will still owe that rent in the future, but you cant be evicted for failing to pay it. We amplify community voices, share information resources, and investigate systems, not just symptoms. After outcry by landlords, City Council president announces discussion next month. If none of In Oakland, in order to access those protections, you are not legally required to notify your landlord that 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.. Asian Pacific Islander Legal Outreach - (510) 251-2846. Your donation makes this and all our other local reporting possible. 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. If you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. No individual city can pass a law that says otherwise. 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 . 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. If your landlord filed an eviction lawsuit against you during the How Long Does the Eviction Moratorium Last? that we think is deeply unhelpful to tenants. If none of those are an option for you, you could have a friend or coworker testify in court. 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. lawfully evict you for not paying. 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for Files an eviction lawsuit against you during the State of Emergency. 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. This proposed ordinance would establish a timeline to end the moratorium, rather than leaving the expiration date tied to the end of the Local COVID-19 Emergency.
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