The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict There are also extra protections for nonpayment evictions in the future. some kind of notification to your landlord about your rent payments. BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. 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. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. If at that time you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. 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. Alameda County will end its eviction moratorium at the end of April. 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. Gives you an eviction notice during the State of Emergency. Just before . However, you may wish to send some kind of notification to your landlord about your rent payments. It passed Council by a unanimous vote. also prohibits charging late fees associated with the back rent. . The eviction is because the tenant is an imminent health or safety risk to other occupants. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. Existing rent increase moratorium is a 3% cap with no pass throughs or banking. 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 is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. Tenants living in a building constructed in or after 1996. 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.. 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. 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. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. Centro Legal de la Raza (510) 437-1554 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. You could use pay stubs, a Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. Opinion: How could the As ungrateful owner do this to us? City of Oakland | Important COVID-19 Information If you are unable to 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. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. That proposal would have ended the moratorium in phases but did not have majority support from council members. 600 more apartments at Brooklyn Basin? 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. Thank you for supporting The Oaklandside and being a part of our community. Thank you. For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 . The evictions moratorium says that if your landlord gives you an eviction notice during the State of (View legislation here.) Breach of lease (noncompliance with the terms of the lease) 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. (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. All Access Digital offer for just 99 cents! Proposed Phase Out of Moratorium. You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. Two council members, Janani Ramachandran and Kevin Jenkins, had previously said adding that language would duplicate existing laws. The only exception is if your landlord petitions the Oakland Rent Board for a fair return. 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. First, your landlord cant legally give you an eviction notice right ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. 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. 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? You are protected from any late fees, as well. 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. Files an eviction lawsuit against you during the State of Emergency. 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. Tenants living in the same unit as their landlord (sharing a bathroom or kitchen). Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. What is Protect Oakland Renters? "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.". eviction cases if tenants take affirmative steps now and provide information to their landlords. prior increases or capital improvements. "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. Alameda County's Eviction Moratorium Ended Saturday. What's Next for 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. Evictions could still occur if the tenant created a health or safety threat at the property or if the landlord was removing the unit from the rental market for at least 10 years. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. you and your family have available to you. issue an eviction moratorium. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . 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: . You should also collect and keep Repeal the Costa-Hawkins Rental Housing Act. if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. If you do, you can easily win the lawsuit without having to produce 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. 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. He is CEO of Madison Park, which owns numerous rental buildings in Oakland and elsewhere. Future protection never expires for tenants who cannot pay rent during the State of Emergency due to COVID-19. How dare you? Changing course from a slow phase out over several months to a hard end date stunned and disappointed tenant advocates, who worry that come mid-July, renters unable to pay their bills will be out on the streets in record numbers. Heres If your landlord gave you an eviction notice prior to the State of Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. Causa Justa Just Cause Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in amount of rent during the crisis if you still have some income. This S.F. . Legal Help: Your landlord cannot charge late fees for that rent. You live in a health facility, nonprofit substance abuse treatment facility, or certain short-term 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. 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. 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. Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. 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. Tenants Union, the East Bay Community Law Center, and East Bay Housing Organizations (EBHO). NBA playoffs: When will the Warriors-Lakers series start? 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. During the September hearing, Beeler said the ongoing moratoriums gave her pause. 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. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. This story was updated shortly after publication with a statement from City Attorney Barbara Parker. The council meeting, which went on past midnight, ended with . There are also extra protections for nonpayment evictions in the future. Will you support us today? 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. We think the order is functionally useless, and it is certainly not a moratorium. 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.. The workload was relatively manageable. 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. The moratorium protects you in two ways. City of Oakland | Understanding Evictions in Oakland Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. Watch "evictions protest Oakland landlords moratorium", a video on CBSNews.com. 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 amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. Oakland to Phase Out COVID-19 Related Eviction Moratoriums The moratorium protects you in two ways. What Does the Law Do About Rent Increases? Oakland COVID eviction moratorium to end in July The council also voted to end the citys moratorium on rent increases above the consumer price index on July 1, 2024. 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. What Types of Evictions Does the Moratorium Cover? When City Council ends the Oakland COVID-19 State of Emergency. Oakland to Consider Phasing Out Eviction Moratorium 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. Denying the landlord access to the unit if required by law Copyright 2023 NBCUniversal Media, LLC. This mean all tenants, unless one of the following applies to you. And landlords cant remove a tenant who owes less than a month of whats considered fair rent for an equivalent unit on the market. Sign up for The Oaklandsides free daily newsletter. Legal Assistance for Seniors (510) 832-3040 All rights reserved. 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.. 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for Who Does the Oakland Moratorium Apply to? 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. 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. 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. 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 Alameda County Eviction Moratorium Ends, But Not Lifted in All Cities The law limits rent increases for rent-controlled tenants. Sign up for NBC Bay Areas Housing Deconstructed newsletter. You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. The law suggests some types of proof, but it doesnt limit you to those options. How dare you, Fife, who is Black, had said. Legal Q & A -. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. A landlord cannot evict you if the landlord: If your landlord does file an eviction lawsuit against you, you still need to take steps to respond to the lawsuit in time. And second, even after the State of Emergency ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. 629. Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally Oakland city leaders late Tuesday night voted to end the city's eviction moratorium on July 15. 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. If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. (BCN) Oaklands City Council has voted to phase out the citys pandemic-related moratorium on evictions and rent increases over the next 15 months. housing for homeless people. For example, if 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. Now 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: Existing rent increase moratorium is a 3% cap with no pass . This time period will allow for outreach, education, and referral to services to support tenants and property owners with the changes in law. I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . "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.". Eviction moratorium extended three months in Oakland Oakland to consider phasing out controversial eviction moratorium. No individual city can pass a law that says otherwise. If you do, you can easily win the lawsuit under this Moratorium. (Oakland residents only) 510-251-2846 FOR HOMEOWNERS Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. He said he received a foreclosure letter for his property on Friday. How long has it been since May started off this cold in Bay Area? East Bay Community Law Center (510) 548-4040, ext. This moratorium disallows those types of increases. In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take 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. 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..

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