Click here to learn. %PDF-1.7
You must give your landlord a financial distress declaration (download the declaration athttps://bit.ly/32W0XRp) every time you receive a notice to pay rent and are unable to pay. If you business address is located in a City, please contact that city for their ordinance information. Theyre not considered low-income and they didnt pay their rent during COVID, and that is a problem.. The local and state COVID-19 emergency rent assistance programs still have funds available, and renters and landlords are encouraged to apply. At the conclusion of Thursdays court hearing Beeler said she will take their arguments into consideration and issue a decision soon. Serving the needs of the homeless community as the lead agency in the countywide homeless collaborative and April 25, 2023 Update: The Alameda County Eviction moratorium is set to expire on April 29, 2023. The State has required a new Notice of Rights form that landlords must serve with any notice demanding payment of rent beginning July 1, 2021. Landlords can again take tenants to court for failing to pay rent, although tenants with pending aid applications with the state can be protected through next month. Up-to-date information can be found on theEast Bay EDA website. Each application is evaluated and prioritized based on those most at risk of homelessness, including small landlords. Her message: If you can pay your rent, you should pay it.. For more information on the Alameda County Eviction Moratorium, please visit theAlameda County Housing and Community Developmenthome page. Frequently Asked Questions and Answers for Alameda Renters, City of Alameda Guaranteed Income Pilot Program, Business Associations & Improvement Areas, Notice to Contractors Special Provisions Proposal and Contract, Plans/Specs: Cyclic Sewer Replacement Project, Ph 16, No. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. The dashboard shows the total number of applications received, approved, and those still processing; corresponding financial assistance requested and received; average financial assistance paid to each household; and the total funds paid. AC Housing Secure provides Alameda County residents with more information about the local eviction moratorium, rent and utilities relief resources for both tenants and landlords, and other housing assistance resources. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. Q: Are there new limits on evictions for nonpayment of rent, after October 1, 2021?A:Yes. constructing WebAlameda County's eviction moratorium ordinance, enacted to protect tenants impacted by the COVID-19 pandemic, ends 60 days after the end of the County health emergency. 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. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. In addition, free business counseling and technical assistance services are available to Alameda businesses from the following organizations: . Both California's and Alameda County's COVID-19 health emergencies ended on February 28, 2023. Its really important that you respond because if you dont, you wont actually have any protections, she said. ALAMEDA CITY HALL LAWN CONVERSION PROJECT, No. Phone Directory
Tenants who violated their lease for other reasons than nonpayment of rent are subject to eviction and not protected from the nonpayment of rent clause. California Apartment Association980 Ninth Street, Suite 1430Sacramento, CA 95814, toll free: 800-967-4222 fax: 877-999-7881 membership@caanet.org. As of May 2022, the local emergency is still in place. Tenants with unpaid rents accumulated during the moratorium may not be evicted for such unpaid rents but landlords may still pursue unpaid rent in small claims court. with homeless service providers. Landlord Policies and Practices / Legal Compliance, Cities Alameda, CA 94501
He said he tried unsuccessfully to sell the building, his only rental property, but the prospective buyer only wanted it if the renters left. Revitalizing low-income neighborhoods by installing sidewalks and public accessibility improvements, and by Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. Tenants are therefore encouraged to learn more about and apply for rental assistance (see information below). Copyright 2023 NBCUniversal Media, LLC. However, if a tenant violated their lease in another way, the landlord will be able to begin an eviction process.. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. Mallory Homewood, Policy & Compliance Counsel, California Apartment Association, Whitney Prout, Policy & Compliance Counsel, California Apartment Association. WebAlameda County remains on an island with a draconian eviction moratorium that may have made sense at the outset of the pandemic but makes little sense now. Attorney Matthew Zinn said he couldnt answer that, but commented that the state and federal declarations of emergency are still in place. It essentially bans all evictions, either for nonpayment Its important to remember the original purpose of the COVID-19 Alameda County eviction moratorium, said Starratt: This was not a rent strike. All rights reserved. Alameda County Temporary Commercial Eviction Moratorium. Categories In an attempt to relieve renters debts and ensure property owners get paid during the crisis, Oakland and Alameda County have doled out millions of dollars in state and federal rent relief money. However, as of May 1, 2022, landlords may serve tenants with notices of rent increases for no more than the current cap, which is 2.7%. We looked very closely at what was happening in surrounding communities like Contra Costa and Santa Clara County when their eviction moratoriums ended last fall, she said. The Oaklandside relies on reader support to remain free for everyone in our community. If you get a notice from your landlord, time is of the essence for you to respond, says Starratt. WebHon. The moratorium covered all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol, and parts of East The hearing was a significant step in a lawsuit filed by a group of rental property owners against the city and county in March, arguing that the pandemic eviction bans constitute an illegal taking of private property by the government and that the policies conflict with state law. Keep reading for what to know about the end of the eviction moratorium in Alameda County. However, state law contains explicit language preempting local control in this area. Sign up to be contacted about future rental assistance programs. If you are a tenant at risk of eviction or displacement, you may qualify for legal services under AC Housing Secure. Housing is Key:https://housing.ca.gov/ A successful challenge to the ban, she said, will allow us to go after the bad actors.. 1 0 obj
The differences between the countys moratorium and the city moratoriums mean that if you live in Oakland, Berkeley or San Leandro, its really important to understand exactly what your citys rules do and do not protect you against. This means that starting Sunday, April 30, tens of thousands of The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the COVID-19 pandemic. Madison Park came under fire earlier in the pandemic for issuing 150 eviction notices for non-payment while the moratorium was in place, though it was during a period of confusion around the requirements of the state law. After the hearing, Andrew Zacks, a lawyer for the landlords, said he didnt believe policymakers would act to repeal the bans after two and a half years. Sign up for NBC Bay Areas Housing Deconstructed newsletter. To receive this assistance, the landlord and tenant must enter into this agreement: the tenant pays 100% of past rent, in exchange for the landlord releasing any claims (1) for nonpayment of rent (during the period for which rental assistance is provided), or (2) to evict the tenant. Landlords sue Alameda County over eviction ban, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Total dominance: Steph Curry breaks NBA Game 7 record, leads Warriors over Kings, How renters will be protected when Oaklands eviction ban ends in July, In Oakland, its landlords who are unhappy with a plan to end eviction ban, California apartment vacancies near 2-year high as rents slip 3.5% from peak, Peninsula landlord charged with discriminating against family with young children, Letters: Lockdowns role | Reshaping charges | Reparations deserved | Reject dividers | Racist tropes. 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. Some local moratoria remained, but Sign up for The Oaklandsides free daily newsletter. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. What we saw was a rapid rise in evictions and displacement.. Alameda Countys eviction moratorium expired, What you need to know if youre an Alameda County renter, Alameda ended the countys public health emergency for COVID-19 on Feb. 28 (PDF), you should submit proof of your COVID-related loss of income. Examples include increased health costs, added childcare or caring for a family member, or less work hours. The CAA suit, filed in the U.S. District Court of Northern California, is brought by seven property owners in Alameda County, claiming the eviction moratorium is invalid, illegal, and unenforceable. It seeks an end to the moratorium and damages for the landlords. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. In this 30 minute webinar we will provide an overview of Alameda Countys ongoing eviction moratorium that remains in effect and an update on CAAs lawsuit challenging the legality of the Countys law. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). However, the Alameda County Temporary Eviction Moratorium expired September 2021. Oaklands moratorium went into effect on March 27, 2020, banning most evictions shortly after the local COVID-19 lockdown began. The suit also says the moratoriums violate the Fourteenth Amendment and conflict with the states eviction ban, which expired in June and only applied if tenants were financially impacted by the pandemic and participated in the states rent relief program. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. Is there any end in sight, from a policy perspective? Beeler asked a county lawyer during the hearing. ERAP@acgov.orgCall Centro Legal de la Razas ACHS phone hotline at (510) 994-0733 for additional information. Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. At the beginning, [the moratorium] was a no-brainer, to help the tenants impacted, Williams said. Financial assistance covers past due rent and utility bills, as well as future rent. WARNING This material has been reproduced and communicated to you by or on behalf of California Apartment Association in accordance with section 113P of the Copyright Act 1968 (Act). WebFor unpaid rent between March 1, 2020, and November 17, 2022, local rental protections provide that tenants have an affirmative defense to an eviction action if the non-payment Tenants and homeowners have received legal services through ACHS, Centro Legal de la Raza: (510) 437-1554, tenantsrights@centrolegal.org, East Bay Community Law Center: (510) 548-4040, ext. I Still Have Questions About The City's Laws For renters. If you have more questions about conflicts in state and local law, please consult your own attorney. As for Oakland, no changes, and its moratorium remains in place. Our local governments took the steps needed to keep us safe, said ACCE lawyer Jackie Zaneri, calling the lawsuit a threat to all moratoriums everywhere. The language for the new form is in section 15 of AB 832. Any further reproduction or communication of this material by you may be subject of copyright protection under the Act. The Jains received aid from the Fremont relief fund for 12 months of rent, but the tenant is still at least $58,000 behind. The suit marks the latest step toward dismantling COVID-19 protections for tenants, as health risks have diminished and many state and local programs and efforts have expired. The Alameda County eviction moratorium ended on April 29, 2023, but you may still have important protections from eviction. The policy was aimed at protecting tenants whose financial situation was affected by COVID and were at-risk of becoming unhoused. He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. They have to evict you for a different reason., But she also cautioned that tenants shouldnt exclusively focus on this particular aspect, because theres going to be cases in court where someone will file an appeal on that and that the law around this is going to be fast moving and quickly changing., We really dont know what the end result is going to be, Starratt said. This covers 100% of past rent owed on or after April 1, 2020. Ignoring the pleas of local housing providers, the Alameda County Board of Supervisors on Tuesday rejected a proposal to discuss potential changes to the The 2022-23 budget included the $40 million base allocation for the EAF, as well as funding for specific uses, including $30 million for eviction protection and $15 million for consumer debt cases. Fifty-seven percent said they would pursue rent debt through small claims court. COVID-19 protections and assistance for renters are being phased out across the state. Enough is enough, she said. The judges decision will boil down to legal interpretationswhether property is being taken or not, whether or not non-paying tenants are strangers trespassing, and if the local law conflicts with the states. of the California Code of Civil Procedure. 300. For example, The Oakland moratorium will continue to protect tenants for eviction due to nonpayment of rent, Starratt told KQED in an email. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. Your offices recent calling out of Oakland for seeking to shirk its responsibility over housing Read The policy was designed to end 60 days after the expiration of Alamedas COVID health emergency, which ended on February 28th. The state emergency rental assistance program, a $5.5 billion aid package to landlords and renters, stopped accepting new applications in March 31. County supervisors and a county attorney did not return messages Thursday seeking comment. Even though her boyfriend lost income during the pandemic, Garcias household has been able to make rent payments, she said. But Nicholas Spear, a lawyer with the tenant advocacy group ACCE, which is also participating in the lawsuit, told the judge that there would be just as many declarations and stories from tenants whove experienced housing and financial hardships during the pandemic, if theyd gotten a chance to share them. OAKLAND, Calif. (CN) A fight against an eviction ban in the San Francisco Bay Area county of Alameda has stumbled, after a federal judge denied If a tenant does not pay the minimum 25% of rent that is due by September 30, 2021, the tenant may be protected from eviction for the past due rent if they apply for rental assistance. The suit also claims the tenants four German Shepherds, forbidden by the lease, have caused considerable damage to the unit. stream
The landlords in the suit describe loss of income and financial hardships because they have been unable to displace their tenants. Thus, Alameda Countys pandemic-era eviction moratorium will remain in effect through April 29. The suit marks the latest step toward dismantling COVID-19 protections for tenants, as health risks have diminished and many state and local programs and efforts The policies, considered some of the strongest pandemic tenant protections in the country, were intended to give renters housing security and prevent a rise in homelessness as large populations of renters faced job loss and increased childcare duties. To help keep our streets clean from debris and safe for all modes of travel, the City will resume street sweeping service according to posted schedules this Monday, June 15, 2020. Tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. But if it werent for rent control, Id be on Wood Street, she said, referring to the citys largest homeless camp, which is currently being shut down. May 05, 2022. ACCE members rallied outside the courthouse before the hearing, talking about the challenges theyve faced during the crisis and with unsympathetic or abusive landlords. The Oakland City Council made a late-night decision Tuesday toward ending the city's moratorium on evictions. A donation to The Oaklandside goes beyond the newsroom. Los Angeles also has a moratorium in place, and has been sued by the local landlord association. Rents for September 1, 2020 - September 30, 2021: 75% of these months' total rent can be converted to "consumer debt" if you have given your landlord a "financial distress" declaration (see above), but you must pay at least the remaining 25% of that total by September 30, 2021. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. Ask Amy: I put a security camera in my room, and what I saw was creepy, 'Total dominance': Steph Curry breaks NBA Game 7 record, leads Warriors over Kings, Ask Amy: My fiancee's family says I'm not invited, and she's going without me, Dear Abby: The reason her fiance hid his phone was something she never guessed, Harriette Cole: My friend's mom didn't recognize me at my job, and she was very rude, Kurtenbach: Game 7 is likely not win-or-go-home for the Warriors it's win-or-break-up, Warriors' Kerr reacts to Giannis' comments on success and failure: 'He's so right', Miss Manners: I don't want to hurt the bride, but I have qualms about the wedding, Do Not Sell/Share My Personal Information. <>
In June 2021, the state set aside new money for rent relief. To get more information about the State's rental assistance program visithttps://housing.ca.govor call 1-833-430-2122. Q: Can I be evicted for"nofault,"suchas an owner move-in?A:No. In legal documents, the landlord attorneys argued that the eviction policies allow even wealthy tenants who never lost income to avoid consequences for non-payment, while property owners are left with the burden of paying a mortgage and maintaining a premises for the benefit of those that can violate the lease and the law without fear of eviction.. 2263 Santa Clara Avenue
Related Articles Some Oakland officials have talked about beginning to phase out the moratorium soon, likely in small steps. Demand for Legal Aid Services. The way the moratorium is drafted, theres no end in sight.. Gov. 2023 FOX Television Stations, until MON 5:00 AM PDT, San Francisco Bay Shoreline, High Stakes: Sports Betting in California. And here we are in masks, he said, noting that the judge herself had required face coverings after mentioning that previous court hearings had been super-spreaders.. Thank you. However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. City Hall Address
Conflicts between state and local law must be determined by a court of law. Oakland and Alameda County eviction moratorium policies still provide a double layer of protection to most local renters. Under Oaklands moratorium, renters who are protected by the citys Just Cause for Eviction policywhich typically applies to all buildings constructed before 1996 can only be evicted in very rare cases. As long as a tenant is still living in their apartment, they can contest or overturn an eviction by showing that they were approved for rental assistance and with the rental assistance and their own funds (if needed) can pay all of the rent owed. The laws dont relieve tenants of their obligation to pay rent, but they say property owners cant evict them if they dont. No: The Alameda County cities of Oakland, Berkeley and San Leandro still have their own eviction moratoriums, and those will remain in effect after the countys eviction moratorium expires on Saturday: That said, just because a city in Alameda County has its own eviction moratorium doesnt mean renters in that city cant be evicted. WebOn July 7, 2022, Alameda County Superior Court Judge Frank Roesch ordered all application denials immediately stop, and any rejected applications issued in the last 30 WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium Q: Canthe landlord increase the rent?A:Rent levels for all controlled units (generally, all multi-family units built before February 1995) have been frozen during the emergency. For example, Rakesh and Tripti Jain have rented their three-bedroom home in Fremont as a source of extra income to pay for their childs college tuition. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. Click here to learn more. ", Ann McClain told the council: "Three years have passed where rental property owners have been abused, rental owners are owed thousands individually and millions collectively.". Eligible tenants can contest or overturn an eviction at any time before leaving or being evicted by the sheriff, even after the three-day notice period, after receiving the lawsuit, or after a ruling against them. The Alameda County ban allows a few narrow exceptions, including for the health and safety of tenants and the removal of a property from the rental market. Q: When must regular rent payments resume?A: Residential tenants need to resume their regular rent payments on October 1, 2021. Louis Hansen covers housing issues for the Bay Area News Group and is based at The Mercury News. Their landlord could serve them with a three-day notice to pay or quit.. Krista C. Gulbransen, executive director of the Berkeley Rental Housing Coalition, said many property owners have been struggling to pay their own bills and keep up their rental properties. Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. Im one of the lucky few, but so many people I know have been affected by eviction threats and illegal rent increases, Oakland tenant Annemarie Garcia told The Oaklandside. Also, noticesdemanding rent must contain a notice of tenant rights and how to apply for rent relief. The landlords allege that the eviction bans violate their Fifth Amendment rights by confiscating their property. Housing | Stay in touch. The stress has caused Tripti Jain major anxiety and emotional distress, including panic attacks, and causing her to require occasional medication to treat the effects of the stress and anxiety, the suit said. During a public comment period, more than 100 people addressed the council, including tenants, who said the council decision favors landlords. WebThe Alameda County Board of Supervisors has enacted a temporary moratorium on evictions countywide in response to the Coronavirus (COVID-19 ) pandemic. COVID-19 Rent Relief Resources for Alameda County Residents: Alameda County Housing Secure:www.ac-housingsecure.org If the moratorium phase-out is approved, it would also end a limit put on how much rent could be increased, starting in July 2024. In Oakland, its landlords who are unhappy with a plan to end eviction ban PW 05-19-26, RFP: Chuck Corica Golf Course Parking Lot Improvements, Preparation of Eng Docs for Upgrade of Sewer Pump Stations, Group 5, RFP for FY 2020 Sign & Striping Maintenance, PW No. The policy was aimed at Housing & Community Development Department. partnering Q: I heard that the States eviction moratorium is ending; am I protected under local law?A:Under the States COVID-19 rental protections tenants cannot be evicted if, due to COVID-19 financial distress, they cannot pay rent that came due during the covered periodMarch 1, 2020 until September 30, 2021. You cant do it. But since it hasnt started yet, we really dont know if that protection really exists., Landlords have a right to the income that they are owed and they have a right to sue their tenants in small claims court to obtain payment, said Starratt. Housing is Key is the State of Californias COVID-19 housing relief portal. WebThe temporary moratorium imposes a ban on evictions for renters, homeowners and those living in mobile home parks throughout Alameda County beginning March 24, 2020 until We have received more requests than we currently have funds available. Until the Alameda County eviction moratorium expires, which is anticipated to be on April 29, 2023. However, we encourage tenants to regularly check the Alameda County Housing Secure website at ac-housingsecure.org for the most current information about the moratorium. Can I be evicted if I cant pay rent because of the COVID-19 pandemic? WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium wont solve the problem. The case is very similar to the other actions that have failed thus far.. However, attorneys for the city and county said the state law permitted local jurisdictions to keep their stricter eviction moratoriums, so long as the policies were passed before the state law went into effect. As Beeler peppered lawyers for both sides with questions, it was not clear whether she was convinced that the substance of the eviction moratoriums violated landlords constitutional rights. Prior to joining the organization, he was an investigative reporter at The Virginian-Pilot, where he covered state government, the military and criminal justice. If you qualify, but fail to submit an application, you may face an eviction. Dear Abby: I have a great life, so why have I fallen into this shameful behavior? To do this, you need to give (or have given) your landlord a "financial distress" declaration within 15 days after you receive (or received) a notice to pay rent. Under these protections, landlords cant file an eviction without first trying to get rent relief for the tenant. Click here(PDF,239KB)to download a PDF of this FAQ. At this point, the best recourse for landlords is to go to small claims court to obtain the back rent owed from those tenants, said Starratt. If all unpaid rent is not paid by that date, the landlord may get a court judgment for the unpaid amount. The landlords who filed the lawsuit have asked Beeler to rule in their favor without having to proceed to trial, through a process known as summary judgment. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. What an interesting case, Judge Laurel Beeler told lawyers Thursday morning, in a courtroom where about 20 property owners and tenant advocates observed quietly. Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. WebThe Alameda County eviction moratorium ended on April 29, 2023, but you may still have important protections from eviction. OAKLAND Following the expiration of the statewide eviction moratorium, California Attorney General Rob Bonta today issued a consumer alert reminding Californias tenants and homeowners of their rights and protections under California law. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. For example, renters will still have until May 31, 2023 to pay all rent that came due during the covered period, in addition to other protections.
Wreck In Leland, Nc Today,
Articles A