This is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. 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: . 629. issue an eviction moratorium. (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. This protection applies even. The ordinance will have its second reading for final passage on May 2, 2023. Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? 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. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? 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? services were overwhelmed, among other pandemic impacts . When City Council ends the Oakland COVID-19 State of Emergency. 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. Extended multiple times, the moratoriums are now set to expire once the county Board of Supervisors and Oakland City Council declare an end to the local states of emergency. 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. Opinion: How could the As ungrateful owner do this to us? What Does the Moratorium Do About Rent Increases? 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. If your landlord gave you an eviction notice prior to the State of Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Council President Nikki Fortunato Bas and . 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. valid reason, you still have to respond in order to protect your rights. For more information on our housing legal services please click here or call us at 510-548-4040. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? 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. 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 only exception is if your landlord 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. 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? 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. I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? 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. 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 timeline is as follows: 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. She has provided coverage on wildfires, mass shootings, the fatal shooting of police officers and massive floods in the North Bay. 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. that we think is deeply unhelpful to tenants. than Oaklands yearly CPI increase. 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. Big shift in weather is headed to California. Like many cities, Oakland has had an eviction moratorium in place since . Sign up for NBC Bay Areas Housing Deconstructed newsletter. ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. If I Live in a Single Family Home, Does the Moratorium Apply to Me? 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. Official Website for the City of Oakland | Mayor Sheng Thao. It This article was posted on Monday, May 01, 2023. But tenants cannot lose their housing for nonpayment during the State of Emergency. Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking 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. Alameda County COVID-19 Eviction Moratorium . Protection Against Future Evictions for Nonpayment of Rent. Heres However, he maintains that putting people out on the street making people homeless doesnt get [the landlords'] money back at all.". 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 approved, the proposed ordinance would phase out the eviction moratorium, allowing certain evictions to resume from May through the end of August, then ending the eviction moratorium on Sept. 1. then the moratorium does not apply to your tenancy. Files an eviction lawsuit against you using an eviction notice that expires during the State of Emergency. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Eviction Defense Center - (510) 452-4541. and co-sponsored by Oakland City Attorney Barbara Parker. Find him taking walks around town; he is always looking for story tips. 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. Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. 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. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. you are impacted by COVID-19 or provide them with proof right now. As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. The law also protects against many future evictions for nonpayment of rent. Ordinarily, a landlord might be able to increase your rent for more than the CPI by banking prior increases or capital improvements. The eviction is because the tenant is an imminent health or safety risk to other occupants. the continued application and enforcement of the eviction moratorium is an . We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. 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 Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? (The governor can do that, but he hasn't.). 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). You have the right to say that you are not comfortable giving out that information. 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). 2) Protection Against Future Evictions for Nonpayment of Rent All rights reserved. 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.. 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. She shares the beliefs many landlords do -- that theyre being taken advantage of. On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . Disturbing quiet enjoyment Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. The law suggests some types of proof, but it doesnt limit you to those options. Certain evictions will be allowed to resume in May. Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. 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 . housing for homeless people. 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. 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. A key clause in the ordinance that would have strengthened Oakland's permanent just-cause eviction protections was not part of the approved policy. ACCE is a nonprofit tenant rights organization that works with renters across California, including in Oakland. What am I? Many property owners said they resented how tenants have painted them as money-hungry villains. Will you support us today? The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Berkeley to spend quarter-million for first 24-hour public bathroom. After July 1, 2024, only the 3% cap will continue. Repeal the Costa-Hawkins Rental Housing Act. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? now for almost any reason including failure to pay rent. you and your family have available to you. Did Governor Newsom Pass an Eviction Moratorium in California? New Sunset of Eviction MoratoriumNow 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. The strongest protections possible are needed. Oakland COVID-19 Evictions Moratorium FAQ. View more videos and watch CBS News, a live news stream featuring original CBS News reporting. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. some kind of notification to your landlord about your rent payments. "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. "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. Oaklands 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 Oakland residents, according to the legislation. you later on, you can present that proof in court. This mean all tenants, unless one of the following applies to you : Scott Budman reports. You will still owe that rent in the future, but you cant be evicted for failing to pay it. It has to be renewed by City Council every 30 days. 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. All Access Digital offer for just 99 cents! He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. The future protection for tenants related to nonpayment of rent does not expire. 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. This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. Gov. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. 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. Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. 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. As long as you do not fall into one of the exceptions above, the moratorium covers you. . "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. 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. Did Governor Newsom Pass an Eviction Moratorium in California? Legal Assistance for Seniors - (510) 832-3040. He said he received a foreclosure letter for his property on Friday. The City Council encourages tenants and property owners to seek assistance from the Rent Adjustment Program, and property owners to access the California Mortgage Relief Program if they qualify. BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. lawfully evict you for not paying. A landlord is allowed to file an eviction lawsuit if the landlord follows certain state law requirements. His order changed some procedural court guidelines in some against being evicted for failure to pay rent. It includes the Alliance of Californians for Community Empowerment (ACCE), The evictions moratorium says that if your landlord gives you an eviction notice during the State of Emergency, that notice is legally invalid. This story was updated shortly after publication with a statement from City Attorney Barbara Parker. The Oaklandside relies on reader support to remain free for everyone in our community. out yet), that notice is also legally invalid. "For so many, the pandemic has left an indelible financial and emotional impact. Legal Assistance for Seniors (510) 832-3040 If you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. There is no special exception for single family homes. 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. Oakland City Council Approves July 15 End to COVID-19 Eviction Moratorium By NBC Bay Area staff Published April 18, 2023 Updated on April 19, 2023 at 6:29 am NBC Universal, Inc. (The governor can do that, but he hasnt.). 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for Oakland will consider winding down over the next year an eviction . Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for Property owners hold signs stating how much they are owed in rent at a rally held by in front of Oakland City Hall. Abrupt closure of S.F. Im proud of our City Council for taking this important step to gradually end the moratorium in a way that provides a transition time for tenants and property owners to work together on addressing outstanding rental payment," said Oakland City Councilmember Dan Kalb, one of the authors of the original eviction moratorium. the ordinance prohibits your eviction and there are no exceptions. That proposal would have ended the moratorium in phases but did not have majority support from council members. He is CEO of Madison Park, which owns numerous rental buildings in Oakland and elsewhere.
