After more than four hours of discussion at its meeting Tuesday night, the council voted to wind down its restrictions on evictions and late fees for renters on July 15, 2023. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. 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. You should also collect and keep proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict you later on, you can present that proof in court. Limits certain rent increases during the State of Emergency. First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. The legislation states that a landlord can evict a tenant for breach of their lease. This S.F. Watch "evictions protest Oakland landlords moratorium", a video on CBSNews.com. Copyright 2023 Nexstar Media Inc. All rights reserved. This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. 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.. 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. The five-county region saw more than 6,300 eviction filings between July 2021 and June 2022, a spike that started when many eviction bans started to expire in September 2021. Official Website for the City of Oakland | Mayor Sheng Thao. In 2020, the Councilmembers 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. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. Legal Help: Centro Legal de la Raza - (510) 437-1554. Denying the landlord access to the unit if required by law 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. Abrupt closure of S.F. ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. 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. COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. Eviction Defense Center - (510) 452-4541. 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. Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. 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. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. The Moratorium provides the following protections to residential tenants: The Moratorium protects all tenants in the City of Oakland except for the following: What Types of Evictions Does the Moratorium Cover? BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. 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 your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. You will still owe that money, but you cant be displaced from your home because of it. . 2) The eviction is because the tenant is an imminent health or safety risk to other occupants. 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. How we transition out of a moratorium that prevented thousands of tenants from becoming homeless will determine whether Oakland can prevent another housing crisis. 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. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . Future protection never expires for tenants who cannot pay rent during the State of Emergency due to COVID-19. 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 have the right to say that you are not comfortable giving out that information. Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. ACCE is a nonprofit tenant rights organization that works with renters across California, including in Oakland. 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. How can We Limit Rent Increases For Everyone? Beelers order is in response to a court hearing in late September, where lawyers for the landlord group sought summary judgment, asking the judge to declare the moratoriums unconstitutional without having to proceed to trial. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. Los Angeles County's Oakland to consider phasing out controversial eviction moratorium. 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. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . Legal Q & A -. The City of Oakland Police Station at 455 7th Street in Oakland, Calif. on Wednesday, March 3, 2021. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. some kind of notification to your landlord about your rent payments. This proposal will continue the current eviction moratorium until July 14, 2023 and end it on July 15, 2023. you are protected from being evicted in the future for failure to pay that rent. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. When City Council ends the Oakland COVID-19 State of Emergency. Gives you an eviction notice during the State of Emergency. Were journalists for Oakland. 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. If none of those are an option for you, you could have a friend or coworker testify in court. 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 . valid reason, you still have to respond in order to protect your rights. 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. Who Does the Oakland Moratorium Apply to? Just before . Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . It is retroactive to The evictions moratorium says that if your landlord gives you an eviction notice during the State of Emergency, that notice is legally invalid. I applaud the leadership of Council President Bas and Councilmember Kalb. 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 . 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. Causing substantial damage to the premises After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. Currently, that amount is 3.5%. On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. When City Council ends the Oakland COVID-19 State of Emergency. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. "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.". Many property owners said they resented how tenants have painted them as money-hungry villains. Owner move-in This is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. Get Morning Report and other email newsletters. You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. against being evicted for failure to pay rent. "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.". Will you support us today? It also prohibits charging late fees associated with the back rent. 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. All Access Digital offer for just 99 cents! 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the you live in a single family home and your landlord lives there too then the moratorium does not apply to 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 strongest protections possible are needed. Oakland had been one of the last cities in the Bay Area along with San Francisco, Berkeley and San Leandro to keep its eviction moratorium in place, months after California brought its COVID-19 state of emergency to an end. What am I? during the State of Emergency, and it is because of COVID-19 or some situation caused by COVID-19, It has to be renewed by City Council every 30 days. What is Protect Oakland Renters? 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. 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.. lawfully evict you for not paying. (The governor can do that, but he hasn't.). This mean all tenants, unless one of the following applies to you : 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. That proposal would have ended the moratorium in phases but did not have majority support from council members. The evictions moratorium says that if your landlord gives you an eviction notice during the State of 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. Williams said he lives in the same West Oakland property where he also has a tenant. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. 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.. 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. Council President Nikki Fortunato Bas and . Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. Oakland will consider winding down over the next year an eviction . accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever East Bay Community Law Center (510) 548-4040, ext. The City Council will consider the proposal on April 18, 2023 at 4pm. Did Governor Newsom Pass an Eviction Moratorium in California? Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. The order is a blow to landlords who sued Oakland and Alameda County this year, but the case is not over. Files an eviction lawsuit against you during the State of Emergency. This moratorium disallows those types of increases. 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. Why Doesnt the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? 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. 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. This moratorium disallows those types of increases. How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? We encourage you not to sign any legal documents without fully understanding what you are agreeing to. Great value at $10k to $30k per unit. Thanks to Steph Currys 50-point day, Warriors beat the Kings in Game 7 to advance, Mortgage fees to rise for buyers with high credit scores, fall for those with lower scores, Concord: Man killed in 4:30 a.m. solo crash on I-680, Tucker Carlson: How early rejection by hippie San Francisco mom made him shameless, Do Not Sell/Share My Personal Information. 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. Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied 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. 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. You are protected from any 3) It limits certain rent increases during the State of Emergency. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. Eviction Defense Center - (510) 452-4541. Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. Simon-Weisberg said she and other tenant advocates have been urging some council members to add stronger protections against frivolous evictions, but the council did not ultimately include the stronger language. Sign up for NBC Bay Areas Housing Deconstructed newsletter. 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. A landlord could sue for the rent in other forums for example, in small claims court. 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. However, you may wish to send some kind of notification to your landlord about your rent payments. 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. reason. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. 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. 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. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . 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. Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . Legal Assistance for Seniors (510) 832-3040 The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. East Bay Community Law Center - (510) 548-4040, ext. Moms 4 Housing plans to do the same. The law limits rent increases for rent-controlled tenants. Causa Justa Just Cause, Centro Legal de la Raza, Asian Pacific Environmental Network (APEN), Oakland Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. 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 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? Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking It The law limits rent increases for rent-controlled tenants.

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