oakland eviction moratorium exceptions

On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. However, you may wish to send 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.. the continued application and enforcement of the eviction moratorium is an . The city of Oakland and county of Alameda took brave and decisive action which protected untold numbers of tenants during a once-in-a-lifetime pandemic, she said. PDF Senate Budget and Fiscal ReviewNancy Skinner, Chair SUBCOMMITTEE NO. 5 Get Morning Report and other email newsletters. Currently, Oakland landlords are prohibited from evicting tenants overCOVID-related rent debt per an eviction moratorium passed in March 2020 to protect people from losing their homes if they couldnt pay rent due to job losses or other economic hardship spurred by the pandemic. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. 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. This allows people to get evicted for not covering 75% of their floors with carpets I had that in my lease, said William Wilcox, an Oakland resident who works in affordable-housing services. Like many cities, Oakland has had an eviction moratorium in place since the start of the pandemic in March 2020. If your landlord gave you an eviction notice prior to the State of Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run out yet), that notice is also legally invalid. This mean all tenants, unless one of the following applies to you. 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for For example, if How Long Does the Eviction Moratorium Last? Just before . Alliance of Californians for Community Empowerment (510) 269-4692 (tenant organizing) 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. (BCN) Oaklands City Council has voted to phase out the citys pandemic-related moratorium on evictions and rent increases over the next 15 months. There is no special exception for single family homes. 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. "Before they ask any further owners to take on this responsibility, there has to be funding, because were all going to be homeless if the banks get our property,said Oakland resident and landlord Michelle Hailey. When City Council ends the Oakland COVID-19 State of Emergency. Why Doesnt the Moratorium Just Stop Eviction Lawsuits? You live in a health facility, nonprofit substance abuse treatment facility, or certain short-term 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 city leaders late Tuesday night voted to end the city's eviction moratorium on July 15. 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 to Phase Out COVID-19 Related Eviction Moratoriums Weve sacrificed majorly, one property owner said. This is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run If your landlord filed an eviction lawsuit against you during the City of Oakland | City Council Approves New Permanent Tenant 10 years) OR The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . Existing rent increase moratorium is a 3% cap with no pass throughs or banking. 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 For more information on our housing legal services please click here or call us at 510-548-4040. Bay Area Legal Aid (510) 250-5257 However, he maintains that putting people out on the street making people homeless doesnt get [the landlords'] money back at all.". Oakland's eviction ban ends in July. What's next for renters? Oakland to Phase Out COVID-19 Related Eviction Moratoriums. This mean all tenants, unless one of the following applies to you : The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Williams said his tenant's nonpayment has placed a significant financial strain on him. An earlier proposal by Bas and Councilmember Dan Kalb had sought to phase out the moratorium gradually beginning in September, and it would have forced landlords to prove that their lease-violating tenants caused substantial actual damage.. The ordinance will have its second reading for final passage on May 2, 2023. 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? Were journalists for Oakland. The Oakland Moratorium was originally sponsored by Councilmembers Nikki Fortunato Bas and Dan Kalb (The governor can do that, but he hasnt.). 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. "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.". Earlier in the day, Alameda County awarded a new grant to the nonprofit Centro Legal de la Raza, which primarily offers legal services including assistance with housing disputes to undocumented residents. 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. City of Oakland | Important COVID-19 Information How Long Does the Eviction Moratorium Last? The only exception is if your landlord What Does the Moratorium Do About Rent Increases? 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. Many speakers spoke in support of Bas and Kalbs legislation, which they said would wind down the moratorium in a safe way.. "I still havent gotten five dollars from her, Williams said of his tenant, who he added has not paid him rent since the start of the pandemic. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. steps to respond to the lawsuit in time. Here are five key structures that need to bounce back to help the city recover. You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. 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. Owner move-in 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. . The reporters and editors on The Oaklandside are dedicated to sharing the mic, reporting on systems, not symptoms, and providing you with the information you need to be an informed resident of our city. does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. 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 . cannot lose your housing. eviction cases if tenants take affirmative steps now and provide information to their landlords. East Bay COVID eviction bans will stay for now, judge rules NBA playoffs: When will the Warriors-Lakers series start? All Access Digital offer for just 99 cents! Oakland COVID eviction moratorium to end in July Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. Alameda County's eviction moratorium is set to expire on April 29. Heres This story was updated shortly after publication with a statement from City Attorney Barbara Parker. 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. 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. You will still owe that rent in the future, but you Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. The building you live in was constructed in 1996 or later Updated: Apr 26, 2023 / 05:08 AM PDT. housing for homeless people. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Rates were lower in . if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. The ordinance will have its second reading for final passage on May 2, 2023. Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. The law suggests some types of proof, but it doesnt limit you to those options. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window). Am I a despicable, horrible corporate being? The ordinance also seeks to make several changes to strengthen Oakland's existing just cause eviction protections. East Bay Community Law Center - (510) 548-4040, ext. You may want to ask your landlord if you can pay a reduced However, you "For so many, the pandemic has left an indelible financial and emotional impact. The City of Oakland Police Station at 455 7th Street in Oakland, Calif. on Wednesday, March 3, 2021. His order changed some procedural court guidelines in some The law also protects against many future evictions for nonpayment of rent. It includes the Alliance of Californians for Community Empowerment (ACCE), Causa Justa Just Cause, Centro Legal de la Raza, Asian Pacific Environmental Network (APEN), Oakland Tenants Union, the East Bay Community Law Center, and East Bay Housing Organizations (EBHO). Then the floodgates opened. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. He is CEO of Madison Park, which owns numerous rental buildings in Oakland and elsewhere. Like many cities, Oakland has had an eviction moratorium in place since . But three years later, Councilmember Dan Kalb says the city is in a different place. 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). reason. Great value at $10k to $30k per unit. If you do, you can easily win the lawsuit under this Moratorium. 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. Oakland officials decided early Wednesday to end an eviction moratorium enacted during the COVID-19 pandemic amid increased pressure from landlords who say they're owed thousands of dollars . This moratorium disallows those types of increases. Downtown S.F. Photo by Anders Holm-Jensen on Unsplash. Certain evictions will be allowed to resume in May. 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. We think the order is functionally useless, and it is certainly not a moratorium. On 15 January 2022, the city's moratorium lifted. The last three years of the pandemic have been unprecedented. East Bay Community Law Center - (510) 548-4040, ext. You are protected from any If at that time you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. Will you support us today? emergency period, it is also invalid. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. Copyright 2023 Nexstar Media Inc. All rights reserved. Your landlord cannot charge late fees for that rent. 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.. You should also collect and keep The council meeting, which went on past midnight, ended with . 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. 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. Oakland weighs phase-out of its eviction moratorium after three years 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. Legal Q & A -. 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 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. 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. "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. 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). Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? PDF Alameda County COVID-19 Eviction Moratorium The law also protects against many future evictions for nonpayment of rent. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. If at that time you prove that you couldnt pay rent 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. Berkeley to spend quarter-million for first 24-hour public bathroom. "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.". You are protected from any late fees, as well. On March 27, he issued an order on evictions 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. 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. If you cannot pay rent 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. (View legislation here.) Did Governor Newsom Pass an Eviction Moratorium in California? 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. 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. When City Council ends the Oakland COVID-19 State of Emergency. (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. How dare you? 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. prior increases or capital improvements. She has provided coverage on wildfires, mass shootings, the fatal shooting of police officers and massive floods in the North Bay. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. This moratorium disallows those types of increases. Ideally your landlord will not file a lawsuit they cant win. You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. Causa Justa Just Cause, Centro Legal de la Raza, Asian Pacific Environmental Network (APEN), Oakland cant be evicted for failing to pay it, even after the emergency period ends. This article was posted on Monday, May 01, 2023. Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. then the moratorium does not apply to your tenancy. A limited Bay Area eviction ban remains in place, but for how long? 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. All rights reserved, Oakland's Community & Economic Development Committee. 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.. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. It passed Council by a unanimous vote. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. you are impacted by COVID-19 or provide them with proof right now. Some people have since objected to her comments, saying her use of the word yellow was offensive. (The governor can do that, but he hasn't.). Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . control ordinance, then during the emergency period your landlord cannot give you a rent increase of more After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. 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. Centro Legal de la Raza (510) 437-1554 The Oaklandside relies on reader support to remain free for everyone in our community. The moratorium protects you in two ways. What Does the Law Do About Rent Increases? How can We Limit Rent Increases For Everyone? 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