that we think is deeply unhelpful to tenants. then the moratorium does not apply to your tenancy. Unfortunately, no individual city can The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . 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. (The governor can do that, but he hasnt.). 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. Denying the landlord access to the unit if required by law How Long Does the Eviction Moratorium Last? the ordinance prohibits your eviction and there are no exceptions. Learn more. 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: . "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 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 . We expect it to That proposal would have ended the moratorium in phases but did not have majority support from council members. 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 law also protects against many future evictions for nonpayment of rent. Eviction Defense Center (510) 452-4541 Whether or not you pay rent right now is a personal matter that depends on what choices and resources There are also extra protections for nonpayment evictions in the future. cannot lose your housing. 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. 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. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. Scott Budman reports. Leah Simon-Weisberg, an attorney with Alliance of Californians for Community Empowerment Institute, a pro-tenants rights organization, said the legislation contains much-needed tenant protections to help address the housing crisis and ease the transition of removing the moratorium. Proposed Phase Out of Moratorium. If you do, you can easily win the lawsuit without having to produce Gov. After an eight-hour meeting, the Oakland City Council voted 7-1 at midnight Wednesday to approve a proposal that ends the moratorium on July 15 and also adopts new tenant protections. What am I? Oakland Council Members Propose Phasing Out Eviction Moratorium by This story was updated shortly after publication with a statement from City Attorney Barbara Parker. What is the Oakland Evictions Moratorium? The future protection for tenants related to nonpayment of rent does not expire. (View legislation here.) 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . Landlords argue in court to end Oakland and Alameda County eviction The law also protects against many future evictions for nonpayment of rent. prior increases or capital improvements. Tenants Union, the East Bay Community Law Center, and East Bay Housing Organizations (EBHO). 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. Get Morning Report and other email newsletters. In Oakland, in order to access those protections, you are not legally required to notify your landlord that you are impacted by COVID-19 or provide them with proof right now. 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. A key clause in the ordinance that would have strengthened Oakland's permanent just-cause eviction protections was not part of the approved policy. Gives you an eviction notice during the State of Emergency. Files an eviction lawsuit against you using an eviction notice that expires during the State of Emergency. After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. You should also collect and keep Asian Pacific Islander Legal Outreach - (510) 251-2846. The moratorium protects you in two ways. 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. the Oakland Moratorium. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. you live in a single family home and your landlord lives there too then the moratorium does not apply to Oakland COVID-19 Evictions Moratorium FAQ. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. 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. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . View more videos and watch CBS News, a live news stream featuring original CBS News reporting. I applaud the leadership of Council President Bas and Councilmember Kalb. valid reason, you still have to respond in order to protect your rights. Am I a small landlord? Question 1: I am still confused about the eviction moratoriums in Oakland and Alameda County. Evictions in New York are soaring. It's my job to stop the bleeding Oakland city leaders late Tuesday night voted to end the city's eviction moratorium on July 15. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. 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. 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 blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. In Oakland, a debate is heating up about how pandemic protections against eviction should come to a close. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. No. Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for East Bay Community Law Center (510) 548-4040, ext. There are also extra protections for nonpayment evictions in the future. lawfully evict you for not paying. East Bay COVID eviction bans will stay for now, judge rules Tenants living in a building constructed in or after 1996. Oakland to consider phasing out controversial eviction moratorium. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. The moratorium protects you in two ways. OAKLAND, Calif. - The expiration of California's eviction moratorium, which protected renters who couldn't pay rent during the pandemic, is a concern for many renters who say they are still . This moratorium disallows those types of increases. The blanket moratorium applies if you are being evicted for any of these reasons: Oakland to Phase Out COVID-19 Related Eviction Moratoriums. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. 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). His order changed some procedural court guidelines in some Disturbing quiet enjoyment The Moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket Moratorium are: How Long Does the Eviction Moratorium Last? But I want it to be respected, because our pain should be not so cheap; our trauma and history should not be so cheap.. Alameda County COVID-19 Eviction Moratorium . Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. 2) Protection Against Future Evictions for Nonpayment of Rent The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. Tenants still owe past rent, but landlords cannot ever lawfully evict them for not paying. A landlord could sue for the rent in other forums for example, in small claims court. He said he received a foreclosure letter for his property on Friday. During the September hearing, Beeler said the ongoing moratoriums gave her pause. 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. For folks who are saying that this is slavery, shame on you. Thank you for supporting The Oaklandside and being a part of our community. First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. By The Registry Staff. What is Protect Oakland Renters? proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict "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.". You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. 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. On March 27, he issued an order on evictions If you cannot pay rent To the dismay of some renters, two others on the council Janani Ramachandran and Kevin Jenkins secured the removal of the substantial damage language, arguing that it would duplicate Oaklands existing laws. Photo by Anders Holm-Jensen on Unsplash. It passed Council by a unanimous vote. Legal Assistance for Seniors - (510) 832-3040. What Does the Moratorium Do About Rent Increases? As long as you do not fall into one of the exceptions above, the moratorium covers you. 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. Legal Help: Centro Legal de la Raza - (510) 437-1554. You will still owe that money, but you cant be displaced from your home because of it. 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. . Watch "evictions protest Oakland landlords moratorium", a video on CBSNews.com. . (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 . How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. Keith Manson on LinkedIn: #cbreeastbaymultifamilyteam #mansonteam #cbre How dare you? 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. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. 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. The law limits rent increases for rent-controlled tenants. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. Oakland will consider winding down over the next year an eviction . Copyright 2023 Nexstar Media Inc. All rights reserved. Limits certain rent increases during the State of Emergency. When City Council ends the Oakland COVID-19 State of Emergency. 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. 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. 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. an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every Bay Area Legal Aid - (510) 250-5257. Legal Q & A - May 2023 By Richard Beckman, Esq. - AOAUSA Did Governor Newsom Pass an Eviction Moratorium in California? now for almost any reason including failure to pay rent. 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. City of Oakland | Understanding Evictions in Oakland As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. NBA playoffs: When will the Warriors-Lakers series start? 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. The federal eviction moratorium was in place until August 2021, and the state's eviction protections ended in June 2022. All rights reserved, Oakland's Community & Economic Development Committee. ADVISORY NOTICE: On April 18, 2023, City Council passed legislation to sunset the COVID-19 Eviction Moratorium, as well as to add new permanent tenant protections. 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. Eviction for substantial repairs. 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. Oakland landlord stands to lose everything after tenant fails to pay 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. Williams said he lives in the same West Oakland property where he also has a tenant. 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). emergency period, it is also invalid. How Long Does the Eviction Moratorium Last? Sign up for NBC Bay Areas Housing Deconstructed newsletter. 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. Oakland COVID-19 Evictions Moratorium FAQ San Francisco approved a similar plan in March to wind down its eviction moratorium. Why Doesnt the Moratorium Just Stop Eviction Lawsuits? Legal Help: 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. BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. 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. How can We Limit Rent Increases For Everyone? Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. 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 ban on most evictions lasts as long as Oaklands State of Emergency, which currently is retroactive to March 9 and ends on May 31. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. Find him taking walks around town; he is always looking for story tips. Judge allows Oakland eviction moratorium to stand, for now "For so many, the pandemic has left an indelible financial and emotional impact. For example, if you live in a single family home. Berkeley extended its moratorium until the end of August. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. The building you live in was constructed in 1996 or later 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. Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. At 11:59 p.m. on Saturday, April 29, Alameda County's eviction moratorium expired. Magazine Articles. 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. A limited Bay Area eviction ban remains in place, but for how long? Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking During the unprecedented global pandemic, our eviction moratorium met its goal of keeping people housed and preventing homelessness for many Oaklanders. housing for homeless people. 600 more apartments at Brooklyn Basin? Like many cities, Oakland has had an eviction moratorium in place since . Beeler disagreed that the city and county are taking landlords property, writing in her 40-page order that the moratoriums are temporarydo not absolve renters of their obligation to pay rent, and include exceptions allowing the landlords to leave the rental business.. For more information on our housing legal services please click here or call us at 510-548-4040. Here are five key structures that need to bounce back to help the city recover. 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. 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for Repeal the Costa-Hawkins Rental Housing Act. She has provided coverage on wildfires, mass shootings, the fatal shooting of police officers and massive floods in the North Bay. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? How dare you, Fife, who is Black, had said. 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. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever The law limits rent increases for rent-controlled tenants. However, you may wish to send some kind of notification to your landlord about your rent payments. This S.F. All rights reserved. Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally valid reason, you still have to respond in order to protect your rights. the continued application and enforcement of the eviction moratorium is an . Council President Nikki Fortunato Bas and . you and your family have available to you. No individual city can pass a law that says otherwise. Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for the Oakland Moratorium. It also prohibits charging late fees associated with the back rent. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? If you do, you can easily win the lawsuit under this Moratorium. 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. They urged the council to end the moratorium sooner than July. "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.". 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. 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 . This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. 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 city's COVID-era ban on evictions. is the city's financial engine and it is sputtering. petitions the Oakland Rent Board for a fair return. Oakland phases out pandemic-related eviction moratoriums cant be evicted for failing to pay it, even after the emergency period ends. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. 629 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. Protection Against Future Evictions for Nonpayment of Rent. In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take 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. If at that time you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. Bay Area Legal Aid (510) 250-5257 The protections, established in 2020 to shield tenants from the economic repercussions of the COVID-19 pandemic, ended after . 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. Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally
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