Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally During the September hearing, Beeler said the ongoing moratoriums gave her pause. Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking 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. Existing rent increase moratorium is a 3% cap with no pass throughs or banking. A majority of Oakland residents are renters. 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 . the ordinance prohibits your eviction and there are no exceptions. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. 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. Legal Assistance for Seniors - (510) 832-3040. I applaud the leadership of Council President Bas and Councilmember Kalb. Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. Opinion: How could the As ungrateful owner do this to us? Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. Like many cities, Oakland has had an eviction moratorium in place since . 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. 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. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. Your donation makes this and all our other local reporting possible. than Oaklands yearly CPI increase. At 11:59 p.m. on Saturday, April 29, Alameda County's eviction moratorium expired. No individual city can pass a law that says otherwise. The federal eviction moratorium was in place until August 2021, and the state's eviction protections ended in June 2022. 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. For example, if you live in a single family home. It also prohibits charging late fees associated with the back rent. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. (The governor can do that, but he hasn't.). We encourage you not to sign any legal documents without fully understanding what you are agreeing to. All rights reserved, Oakland's Community & Economic Development Committee. 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.". Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. 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 top 10 most expensive home sales in Oakland, reported the week of April 24, Single-family house sells for $1.7 million in Fremont, Single family residence sells for $3.3 million in Palo Alto, California consumers struggling? Copyright 2023 NBCUniversal Media, LLC. 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. 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The evictions moratorium says that if your landlord gives you an eviction notice during the State of 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. 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. emergency period, it is also invalid. The future protection for tenants related to nonpayment of rent does not expire. Abrupt closure of S.F. that we think is deeply unhelpful to tenants. Alameda County will end its eviction moratorium at the end of April. Hannah Kirk, a self-described single mom who rents out part of her property in Oakland, described having no recourse to evict a problem tenant who refuses to pay rent. 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. 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. It includes the Alliance of Californians for Community Empowerment (ACCE), Owner move-in 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. you live in a single family home and your landlord lives there too then the moratorium does not apply to 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. 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? the Oakland Moratorium. Future protection never expires for tenants who cannot pay rent during the State of Emergency due to COVID-19. This S.F. Sign up for The Oaklandsides free daily newsletter. 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. All rights reserved. Official Website for the City of Oakland | Mayor Sheng Thao. Were journalists for Oakland. However, you may wish to send 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. Asian Pacific Islander Legal Outreach - (510) 251-2846. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? They urged the council to end the moratorium sooner than July. And second, even after the State of Emergency Which City Officials Supported the Oakland Evictions Moratorium? The eviction is because the tenant is an imminent health or safety risk to other occupants. This mean all tenants, unless one of the following applies to you. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 . 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. How long has it been since May started off this cold in Bay Area? Updated: Apr 26, 2023 / 05:08 AM PDT. Legal Assistance for Seniors - (510) 832-3040. The law also protects against many future evictions for nonpayment of rent. prior increases or capital improvements. 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. Here are five key structures that need to bounce back to help the city recover. 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.. (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? You may want to ask your landlord if you can pay a reduced amount of rent during the crisis if you still have some income. Sign up for NBC Bay Areas Housing Deconstructed newsletter. A donation to The Oaklandside goes beyond the newsroom. You will still owe that rent in the future, but you cant be evicted for failing to pay it. Am I a despicable, horrible corporate being? Rates were lower in . You should also collect and keep After July 1, 2024, only the 3% cap will continue. March 9 and currently ends on April 8. 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. There are also extra protections for nonpayment evictions in the future. Sign up for NBC Bay Areas Housing Deconstructed newsletter. 2) Protection Against Future Evictions for Nonpayment of Rent 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. But three years later, Councilmember Dan Kalb says the city is in a different place. Berkeley extended its moratorium until the end of August. 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. Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. A California man is forced to live in a country hes never known, Warriors lean into championship DNA, beat Kings behind sublime Curry, Your Privacy Choices (Opt Out of Sale/Targeted Ads). valid reason, you still have to respond in order to protect your rights. If you are unable to pay rent 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. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? On 15 January 2022, the city's moratorium lifted. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. 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). 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. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . Just to stop it abruptly like that would be like a death sentence for a lot of renters, said Sameerah Karim, co-founder of Moms 4 Housing. Reach out Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. However, you may wish to send some kind of notification to your landlord about your rent payments. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. How will courts rebuke of Berkeleys natural-gas ban affect the national movement it began? This protection applies even. 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. evidence or get into facts of the case. Files an eviction lawsuit against you using an eviction notice that expires during the State of Emergency. After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. cant be evicted for failing to pay it, even after the emergency period ends. 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. 3) It limits certain rent increases during the State of Emergency. However, you 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. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. No. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. . 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. Repeal the Costa-Hawkins Rental Housing Act. Bay Area Legal Aid (510) 250-5257 What is the Oakland Evictions Moratorium? because of COVID-19, you will win the eviction lawsuit. 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. 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 Long Does the Eviction Moratorium Last? 2) The eviction is because the tenant is an imminent health or safety risk to other occupants. Bans evictions for nearly any reason during Oaklands State of Emergency. Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. Get Morning Report and other email newsletters. We think the order is functionally useless, and it is certainly not a moratorium. During the unprecedented global pandemic, our eviction moratorium met its goal of keeping people housed and preventing homelessness for many Oaklanders. We think the order is functionally useless, and it is certainly not a moratorium. This moratorium disallows those types of increases. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. The law suggests some types of proof, but it doesnt limit you to those options. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. 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. Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. Currently, that amount is 3.5%. If your tenancy is covered by Oaklands rent 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 We expect it to The only exception is if your landlord petitions the Oakland Rent Board for a fair return. Alameda County COVID-19 Eviction Moratorium . Ideally your landlord will not file a lawsuit they cant win. Oakland to Phase Out COVID-19 Related Eviction Moratoriums. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. If none of those are an option for you, you could have a friend or coworker testify in court. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . By The Registry Staff. Governor Newsom did not issue an eviction moratorium. East Bay Community Law Center - (510) 548-4040, ext. Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: Legal Assistance for Seniors (510) 832-3040 Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. What am I? 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. The Oaklandside relies on reader support to remain free for everyone in our community. 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. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. Tenants living in a building constructed in or after 1996. 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). control ordinance, then during the emergency period your landlord cannot give you a rent increase of more She has provided coverage on wildfires, mass shootings, the fatal shooting of police officers and massive floods in the North Bay. CBS News Bay Area: Free 24/7 . 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. Just before . 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 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 . View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Natalie Orenstein covers housing and homelessness for The Oaklandside. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. Copyright 2023 Nexstar Media Inc. All rights reserved. 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. The order 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 youre thinking of altering your workout routine, youre probably looking for new exercises and equipment to help you reach your fitness goals. Then the floodgates opened. Many property owners said they resented how tenants have painted them as money-hungry villains. There is no special exception for single family homes. If none of Los Angeles County's 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. Proposed Phase Out of Moratorium. Unfortunately, no individual city can pass a law that says otherwise. Breach of lease (noncompliance with the terms of the lease) Whether or not you pay rent right now is a personal matter that depends on what choices and resources Just Cause OrdinanceThese Permanent Tenant Protections will be added: For evictions based on non-payment of rent that accrued between March 9, 2020 and July 14, 2023, tenants will have a defense if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic. If you do, you can easily win the lawsuit without having to produce The moratorium protects you in two ways. You could use pay stubs, a petitions the Oakland Rent Board for a fair return. This spring, Le Creuset has introduced an exciting new shade thats already selling fast: shallot, a soft lavender with pink and slight gray undertones. 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.
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