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.. This protection applies even. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. 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.. Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. 629. 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 . 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. "For so many, the pandemic has left an indelible financial and emotional impact. the Oakland Moratorium. 629 It is retroactive to A majority of Oakland residents are renters. For folks who are saying that this is slavery, shame on you. East Bay Community Law Center - (510) 548-4040, ext. Oaklands 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 Oakland residents, according to the legislation. you and your family have available to you. Limits certain rent increases during the State of Emergency. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever Like many cities, Oakland has had an eviction moratorium in place since . The time between now and mid-July will allow for outreach, education, and referral to services to support tenants and property owners with the changes in law. The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. 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 expect it to We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. All Access Digital offer for just 99 cents! At Tuesdays meeting, Fife walked back her phrasing but continued to criticize property owners for conflating lost rental revenue with over 400 years of state-sanctioned violence. She received broad support from tenants and some landlords alike who joined in condemning the rhetoric. Governor Newsom did not issue an eviction moratorium. Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking Certain evictions will be allowed to resume in May. The ordinance will have its second reading for final passage on May 2, 2023. And second, even after the State of Emergency If none of those are an option for you, you could have a friend or coworker testify in court. 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 . Am I a despicable, horrible corporate being? However, you However, you cannot lose your housing. With this phase out, the Oakland Council and our Rent Adjustment Program staff stand prepared to assist both property owners and tenants navigate this next step.". Nikki Fortunato Bas, the councils president and author of the legislation, said she hoped it would meet our broader goals of housing stability, homelessness prevention and certainty about the end of the moratorium.. However, you may wish to send some kind of notification to your landlord about your rent payments. 600 more apartments at Brooklyn Basin? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? More than 100 people spoke during public comment. Box 7737, Oakland, CA 94601, Oakland Office: 1419 34th Ave., #203, Oakland, CA 94601 | 510.763.5877 (p) 510.763.5824 (f), SF Office: 4804 Mission Street, Suite 231, San Francisco, CA 94112 | 415.487.9203 (p) 415.487.9022 (f), Oakland Tenant Services/Servicios para inquilinos de Oakland, San Francisco Tenant Services / Servicios para inquilinos de San Francisco, Report ICE Activity // Reporta actividad de la migra, INTERNATIONAL WORKERS DAY CELEBRATES IMMIGRANTS AND FIGHT FOR JUSTICE. Alliance of Californians for Community Empowerment (510) 269-4692 (tenant organizing) 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. Legal Assistance for Seniors - (510) 832-3040. Bans evictions for nearly any reason during Oaklands State of Emergency. All rights reserved, Oakland's Community & Economic Development Committee. It On Tuesday, Fife said she made her comments because she was triggered by the comparison to slavery. Proposed Phase Out of Moratorium. 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. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. Your donation makes this and all our other local reporting possible. In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take Am I a small landlord? then the moratorium does not apply to your tenancy. During the September hearing, Beeler said the ongoing moratoriums gave her pause. Owner move-in Oakland to Phase Out COVID-19 Related Eviction Moratoriums. How Long Does the Eviction Moratorium Last? Reach out You are also not required to sign any papers to access the eviction protections described above. 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. (BCN) Oaklands City Council has voted to phase out the citys pandemic-related moratorium on evictions and rent increases over the next 15 months. Alameda County and Oakland eviction bans now are among the stiffest local renter protections remaining in the state. Copyright 2023 Nexstar Media Inc. All rights reserved. Oakland is one of the last cities in the Bay Area hanging on to its eviction moratorium, which was introduced during the pandemic to protect tenants from eviction. Your landlord cannot charge late fees for that rent. 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 In Oakland, in order to access those protections, you are not legally required to notify your landlord that It includes the Alliance of Californians for Community Empowerment (ACCE), 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 proposal that passed also ends the citys rent-increase moratorium in July 2024 and protects tenants from having to repay back rent if they can prove financial losses due to COVID. Oakland will consider winding down over the next year an eviction . 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. How can We Limit Rent Increases For Everyone? 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted . "We are coming out of -- I wont say completely, but mostly coming out of -- the COVID pandemic, and most people are back to work in some fashion," Kalb said. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. How Long Does the Eviction Moratorium Last? You are protected from any late fees, as well. Eviction Defense Center - (510) 452-4541. Gavin Newsom has announced that Californias state of emergency will end on Feb. 28, 2023, which could influence the timeline of the local declarations. 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 Does the Law Do About Rent Increases? Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. 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. How dare you? How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? You are protected from any Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for Andrew Zacks, a lawyer for the property owners, told The Oaklandside that plaintiffs respectfully disagree with Judge Beelers conclusions and intend to pursue all available appellate remedies., In a statement, Parker said the city is extremely pleased that the court validated the right of cities and counties to enact an eviction moratorium under California law and squarely rejected the plaintiffs claims that Oaklands ordinance, as written, violates their constitutional rights in light of the COVID-19 global pandemic that has tragically taken the lives of more than one million of our fellow Americans to date.. Alameda County will end its eviction moratorium at the end of April. Rates were lower in . If none of those are an option for you, you could have a friend or coworker testify in court. The future protection for tenants related to nonpayment of rent does not expire. Breach of lease (noncompliance with the terms of the lease) 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. Legal Help: COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. The blanket moratorium applies if you are being evicted for any of these reasons: We think the order is functionally useless, and it is certainly not a moratorium. His order changed some procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. . 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. 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.. Non-legal Tenant Support: Causa Justa Just Cause - Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in. Fifes supporters held signs that showed the impacts of lynching and other images of slavery. 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 . 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis Watch "evictions protest Oakland landlords moratorium", a video on CBSNews.com. also prohibits charging late fees associated with the back rent. Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. 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. Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . 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. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. If none of He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. Currently, that amount is 3.5%. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. 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. As long as you do not fall into one of the exceptions above, the moratorium covers you. If you do, you can easily win the lawsuit without having to produce If you cannot pay 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. 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. Whether or not you pay rent right now is a personal matter that depends on what choices and resources 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. 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. As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. Magazine Articles. There is no special exception for single family homes. 3) It limits certain rent increases during the State of Emergency. Repeal the Costa-Hawkins Rental Housing Act. Heres When City Council ends the Oakland COVID-19 State of Emergency. This material may not be published, broadcast, rewritten, or redistributed. 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. The future protection for tenants related to nonpayment of rent does not expire. Were journalists for Oakland. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. I Cant Pay Rent Right Now How Does the Moratorium Work for Me? Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. There is no special exception for single family homes. "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 order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. 2) The eviction is because the tenant is an imminent health or safety risk to other occupants. some kind of notification to your landlord about your rent payments. Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. Oakland COVID-19 Evictions Moratorium FAQ. 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. "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. Fife had said, For folks saying this is slavery, shame on you. 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. 3) It limits certain rent increases during the State of Emergency. If you are unable to pay rent during the State of Emergency, and it is because of COVID-19 or some situation caused by COVID-19, you are protected from being evicted in the future for failure to pay that rent. Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. 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. Legal Assistance for Seniors (510) 832-3040 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. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the March 9 and currently ends on April 8. 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 in, English & 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). Sign up for NBC Bay Areas Housing Deconstructed newsletter. 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. issue an eviction moratorium. Who Does the Oakland Moratorium Apply to? amount of rent during the crisis if you still have some income. It passed Council by a unanimous vote. What Does the Law Do About Rent Increases? Gives you an eviction notice during the State of Emergency. Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. If you want to plan the perfect spring picnic, food and drink are important, but its certainly not the only factor to consider. eviction cases if tenants take affirmative steps now and provide information to their landlords. The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. A landlord could sue for the rent in other forums for example, in small claims court. The moratorium applies to all tenants in the City of Oakland who are covered by Oaklands Just Cause forEviction Ordinance. You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. OAKLAND, Calif. (CN) Already a city with robust renter protections, Oakland extended an eviction moratorium until July to prevent thousands of people being evicted and banned rent hikes until July 2024. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. 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. Natalies reporting has also appeared in The J Weekly, The San Francisco Chronicle and elsewhere, and shes written about public policy for a number of research institutes and think tanks. Refusing to sign a new lease with materially similar terms He said he received a foreclosure letter for his property on Friday. Did Governor Newsom Pass an Eviction Moratorium in California? Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. Two council members, Janani Ramachandran and Kevin Jenkins, had previously said adding that language would duplicate existing laws. The eviction moratorium will also apply to units previously exempt from the Just Cause for Eviction . 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. prior increases or capital improvements. Eviction Defense Center - (510) 452-4541. 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. Causa Justa Just Cause Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in Many property owners said they resented how tenants have painted them as money-hungry villains. Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally When City Council ends the Oakland COVID-19 State of Emergency. 1) A Ban on Almost All Evictions 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.. housing for homeless people. What is Protect Oakland Renters? You will still owe that money, but you cant be displaced from your home Berkeley to spend quarter-million for first 24-hour public bathroom. 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. Many speakers spoke in support of Bas and Kalbs legislation, which they said would wind down the moratorium in a safe way.. Eviction Defense Center (510) 452-4541 If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. 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. He is CEO of Madison Park, which owns numerous rental buildings in Oakland and elsewhere. 10 years) OR 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. This moratorium disallows those types of increases. Why Doesnt the Moratorium Just Stop Eviction Lawsuits? 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. letter from your current or former employer, a letter from your childs school, or medical records. 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. Weve sacrificed majorly, one property owner said. (Keith Burbank/Bay City News). Tuesday, Oakland's Community & Economic Development Committee will discuss a proposed ordinance brought forward by council President Nikki Fortunato Bas and council President Pro Tem Dan Kalb that would set up a gradual timeline for ending the city's eviction moratorium. The workload was relatively manageable. Question 1: I am still confused about the eviction moratoriums in Oakland and Alameda County. 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). Sign up for NBC Bay Areas Housing Deconstructed newsletter. Official Website for the City of Oakland | Mayor Sheng Thao. 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. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. Which City Officials Supported the Oakland Evictions Moratorium? Big shift in weather is headed to California. is the city's financial engine and it is sputtering. Natalie Orenstein covers housing and homelessness for The Oaklandside. For example, if you live in a single family home. 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. If you do, you can easily win the lawsuit without having to produce evidence or get into facts of the case. "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. Alameda County COVID-19 Eviction Moratorium . You could use pay stubs, a At 11:59 p.m. on Saturday, April 29, Alameda County's eviction moratorium expired. If at that time you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. If you do, you can easily win the lawsuit under this Moratorium. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. 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: . As long as you do not fall into one of the exceptions above, the moratorium covers you. A landlord is allowed to file an eviction lawsuit if the landlord follows certain state law requirements. because of COVID-19, you will win the eviction lawsuit. 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.
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