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. 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. reason. City of Oakland | Understanding Evictions in Oakland The law suggests some types of proof, but it doesnt limit you to those options. services were overwhelmed, among other pandemic impacts . What Does the Moratorium Do About Rent Increases? Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . 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. Oakland and Alameda County's eviction moratoriums are still in effect ACCE is a nonprofit tenant rights organization that works with renters across California, including in Oakland. I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? On Tuesday, nearly 100 people filled the council chamber, some holding signs that read, Protect Oakland Renters. Others held signs that read, End the Abuse and urged the council to end the eviction moratorium immediately. 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 moratorium applies to all tenants in the City of Oakland who are covered by Oakland's Just Cause for Eviction Ordinance. Los Angeles County's Today, Council President Nikki Fortunato Bas and Council President Pro Tempore Dan Kalb published amended legislation to phase out the COVID-19 eviction moratorium in a responsible manner. amount of rent during the crisis if you still have some income. 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. This is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. 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. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. The only exception is if your landlord petitions the Oakland Rent Board for a fair return.. All rights reserved. Question 1: I am still confused about the eviction moratoriums in Oakland and Alameda County. 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. Nonpayment of rent CBS News Bay Area: Free 24/7 . This moratorium disallows those types of increases. This moratorium disallows those types of increases. You live in the same unit as your landlord (you share a bathroom or kitchen) If approved by the Oakland City Council, the timeline would be as follows: BACKGROUND:Current Oakland Eviction Moratorium (in effect): Just Cause OrdinanceThese Permanent Tenant Protections would be added: Cinthya Muoz Ramos Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . 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. Why Doesnt the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? A limited Bay Area eviction ban remains in place, but for how long? The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. (View legislation here and presentation here. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. East Bay COVID eviction bans will stay for now, judge rules 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. Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. 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.. First, your landlord cant legally give you an eviction notice right 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? 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. 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. 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 council meeting, which went on past midnight, ended with . Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for It also prohibits charging late fees associated with the back rent. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . If your landlord gave you an eviction notice prior to the State of How can We Limit Rent Increases For Everyone? You will still owe that rent in the future, but you cant be evicted for failing to pay it. After July 1, 2024, only the 3% cap will continue. Bay Area Legal Aid - (510) 250-5257. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. PDF Alameda County COVID-19 Eviction Moratorium (Oakland residents only) 510-251-2846 FOR HOMEOWNERS If at that time you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Reach out 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. East Bay Community Law Center (510) 548-4040, ext. Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. Oakland Council Members Propose Phasing Out Eviction Moratorium by The federal eviction moratorium was in place until August 2021, and the state's eviction protections ended in June 2022. And second, even after the State of Emergency (The governor can do that, but he hasn't.). Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: How Long Does the Eviction Moratorium Last? The only exception is if your landlord 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. 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. 01 May 2023 18:27:02 needs these 5 sites to thrive so the city can recover. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . Great value at $10k to $30k per unit. She shares the beliefs many landlords do -- that theyre being taken advantage of. 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. But tenants cannot lose their housing for nonpayment during the State of Emergency. Alliance of Californians for Community Empowerment (510) 269-4692 (tenant organizing) If your landlord files an eviction lawsuit against you, even if you are protected by the Moratorium, you still have to respond in order to preserve your rights. Oakland city leaders late Tuesday night voted to end the city's eviction moratorium on July 15. You may want to ask your landlord if you can pay a reduced But I want it to be respected, because our pain should be not so cheap; our trauma and history should not be so cheap.. Owner move-in "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.". English & Spanish); (510) 763-5877 (main number, tenant organizing) California eviction moratorium expires, but local ordinances can keep 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 protections, established in 2020 to shield tenants from the economic repercussions of the COVID-19 pandemic, ended after . 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. 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. 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. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Asian Pacific Islander Legal Outreach - (510) 251-2846. First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. you are impacted by COVID-19 or provide them with proof right now. Who Does the Oakland Moratorium Apply to? Days could be numbered for the Alameda County and Oakland eviction moratorium policiesif a judge accepts the arguments presented by landlord attorneys at a federal court hearing Thursday.. 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. 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. Governor Newsom did not issue an eviction moratorium. 10 years) OR 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. The law limits rent increases for rent-controlled tenants. Future protection never expires for tenants who cannot pay rent during the State of Emergency due to COVID-19. than Oaklands yearly CPI increase. 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. Berkeley to spend quarter-million for first 24-hour public bathroom. The only two exceptions to the blanket moratorium are In Oakland, a debate is heating up about how pandemic protections against eviction should come to a close. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? There is no special exception for single family homes. 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. Then the floodgates opened. 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While some cities and counties in the Bay Area tied their phase outs of pandemic-related eviction protections to the end of the states COVID-19 state of emergency, the policy as proposed by Council members Nikki Fortunato Bas and Dan Kalb will allow the city to help tenants and property owners transition out from under the moratoria. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. Certain evictions will be allowed to resume in May. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. 629 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. The moratorium protects you in two ways. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. As Fife spoke, a woman who stood with pro-landlord groups yelled that she was being treated as a slave and security eventually escorted her out of the council chamber. Refusing to sign a new lease with materially similar terms Disturbing quiet enjoyment Centro Legal de la Raza (510) 437-1554 In Oakland, in order to access those protections, you are not legally required to notify your landlord that The ordinance will have its second reading for final passage on May 2, 2023. Scott Budman reports. Magazine Articles. 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. 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. The moratorium protects you in two ways. Legal Assistance for Seniors - (510) 832-3040. The law suggests some types of proof, but it doesnt limit you to those options. Sign up for The Oaklandsides free daily newsletter. petitions the Oakland Rent Board for a fair return. The City Council voted to approve the ordinance in the late night hours, setting a hard end date instead of a gradual phase out that would have ended the pandemic-era eviction moratorium in September. Alameda County Eviction Moratorium Ends, But Not Lifted in All Cities The law also protects against many future evictions for nonpayment of rent. 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. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me?