Just before . Oakland city leaders on Tuesday are expected to vote on a proposed phase-out process for the city's eviction moratorium that has been a highly contentious issue for renters and landlords. valid reason, you still have to respond in order to protect your rights. that we think is deeply unhelpful to tenants. Were journalists for Oakland. housing for homeless people. 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? 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. Big shift in weather is headed to California. Disturbing quiet enjoyment California eviction moratorium expires, but local ordinances can keep More than 100 people spoke during public comment. 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. It is retroactive to How Long Does the Eviction Moratorium Last? Create your own unique website with customizable templates. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the 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 law suggests some types of proof, but it doesnt limit you to those options. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. You are protected from any 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. If I Live in a Single Family Home, Does the Moratorium Apply to Me? Gavin Newsom has announced that Californias state of emergency will end on Feb. 28, 2023, which could influence the timeline of the local declarations. Refusing to sign a new lease with materially similar terms How will courts rebuke of Berkeleys natural-gas ban affect the national movement it began? Council President Nikki Fortunato Bas and . Oakland landlord stands to lose everything after tenant fails to pay Tenants living in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people. It has to be renewed by City Council every 30 days. In Oakland, a debate is heating up about how pandemic protections against eviction should come to a close. The future protection for tenants related to nonpayment of rent does not expire. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. She shares the beliefs many landlords do -- that theyre being taken advantage of. "Im feeling cautiously optimistic, said Kijani Edwards, the director of ACCE's Oakland office. A majority of Oakland residents are renters. After outcry by landlords, City Council president announces discussion next month. The legislation states that a landlord can evict a tenant for breach of their lease. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. 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: . Judge allows Oakland eviction moratorium to stand, for now Oakland and Alameda County had the authority under state law to pass local eviction moratorium ordinances that went further than California's statewide tenant protections, she said. Oakland officials decided early Wednesday to end an eviction moratorium enacted during the COVID-19 pandemic amid increased pressure from landlords who say theyre owed thousands of dollars in rent. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. be renewed. Your donation goes beyond supporting our journalism. Repeal the Costa-Hawkins Rental Housing Act. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. You will still owe that money, but you cant be displaced from your home Oakland City Council Approves July 15 End to COVID-19 Eviction Moratorium This protection applies even. Oakland Evictions Moratorium FAQ - Asian Pacific Environmental Network some kind of notification to your landlord about your rent payments. You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. Why Doesnt the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? Alameda County's Eviction Moratorium Ended Saturday. What's Next for 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.. Like many cities, Oakland has had an eviction moratorium in place since the start of the pandemic in March 2020. Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally Williams said he lives in the same West Oakland property where he also has a tenant. 2) The eviction is because the tenant is an imminent health or safety risk to other occupants. 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). Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. Emergency, that notice is legally invalid. Tenants living in a building constructed in or after 1996. If your tenancy is covered by Oaklands rent letter from your current or former employer, a letter from your childs school, or medical records. The future protection for tenants related to nonpayment of rent does not expire. The law also protects against many future evictions for nonpayment of rent. NBA playoffs: When will the Warriors-Lakers series start? Natalie Orenstein covers housing and homelessness for The Oaklandside. does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. Oakland to Consider Phasing Out Eviction Moratorium 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 last three years of the pandemic have been unprecedented. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. The proposal that passed also ends the citys rent-increase moratorium in July 2024 and protects tenants from having to repay back rent if they can prove financial losses due to COVID. (BCN) Oakland's City Council has voted to phase out the city's pandemic-related moratorium on evictions and rent increases over the next 15 months . 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. You will still owe that rent in the future, but you cant be evicted for failing to pay it. Official Website for the City of Oakland | Mayor Sheng Thao. Oakland phases out pandemic-related eviction moratoriums The ordinance will have its second reading for final passage on May 2, 2023. You live in the same unit as your landlord (you share a bathroom or kitchen) Legal Assistance for Seniors (510) 832-3040 Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. If at that time you prove that you couldnt pay rent When City Council ends the Oakland COVID-19 State of Emergency. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? Alameda County Eviction Moratorium Ends, But Not Lifted in All Cities 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. Before the vote, Oakland City Council said that if the legislation passed for a July 15 moratorium end date, the city is committed to providing outreach and education for tenants and landlords to access resources and support over 75 days before the July deadline. proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict 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. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. Governor Newsom did not issue an eviction moratorium. Eviction moratorium extended three months in Oakland 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. 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. If your landlord filed an eviction lawsuit against you during the A limited Bay Area eviction ban remains in place, but for how long? needs these 5 sites to thrive so the city can recover. City of Oakland | Important COVID-19 Information Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. the Oakland Moratorium. English & Spanish); (510) 763-5877 (main number, tenant organizing) 600 more apartments at Brooklyn Basin? Amended Legislation To Phase Out Oakland COVID-19 Eviction Moratorium The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Many speakers spoke in support of Bas and Kalbs legislation, which they said would wind down the moratorium in a safe way.. Opinion: How could the As ungrateful owner do this to us? He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. His order changed some procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. 2) Protection Against Future Evictions for Nonpayment of Rent Eviction Defense Center - (510) 452-4541. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. Updated: Apr 26, 2023 / 05:08 AM PDT. (View legislation here and presentation here. 01 May 2023 18:27:02 Downtown S.F. 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.". The time between now and mid-July will allow for outreach, education, and referral to services to support tenants and property owners with the changes in law. Oakland to consider phasing out controversial eviction moratorium. This moratorium disallows those types of increases. those are an option for you, you could have a friend or coworker testify in court. I Cant Pay Rent Right Now How Does the Moratorium Work for Me? The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. late fees, as well. This article was posted on Monday, May 01, 2023. She has provided coverage on wildfires, mass shootings, the fatal shooting of police officers and massive floods in the North Bay. Repeal the Costa-Hawkins Rental Housing Act. 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. "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.". The only exception is if your landlord Legal Assistance for Seniors - (510) 832-3040. Copyright 2023 Nexstar Media Inc. All rights reserved. We think the order is functionally useless, and it is certainly not a moratorium. Great value at $10k to $30k per unit. Protection Against Future Evictions for Nonpayment of Rent. Eviction for substantial repairs. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! Berkeley extended its moratorium until the end of August. 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for Legal Q & A - May 2023 By Richard Beckman, Esq. - AOAUSA The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. For folks who are saying that this is slavery, shame on you. Oakland weighs phase-out of its eviction moratorium after three years Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. Get Morning Report and other email newsletters. (Keith Burbank/Bay City News). Photo by Anders Holm-Jensen on Unsplash. For more information on our housing legal services please click here or call us at 510-548-4040. However, you The current eviction moratorium will continue until July 14, 2023 and end on July 15, 2023. The zip code 94606 which includes the Eastlake and San Antonio neighborhoods had the most eviction notices filed since 2018 2,066 notices, said Council President Bas. Oakland to phase out eviction moratoriums in mid-July Rates were lower in . Denying the landlord access to the unit if required by law ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but And second, even after the State of Emergency 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. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. The Oaklandside relies on reader support to remain free for everyone in our community. "We knew that the moratorium would end at some point, but we need a responsible phase-out instead of dumping people out all at once on the streets, Edwards continued, explaining that tenants have expressed to ACCE that they need time to prepare for the end of the moratorium. 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. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window). There is no special exception for single family homes. pass a law that says otherwise. I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? Whether or not you pay rent right now is a personal matter that depends on what choices and resources reason. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. The order is a blow to landlords who sued Oakland and Alameda County this year, but the case is not over. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. The council adopted its restrictions on eviction in March 2020 in an effort to prevent homelessness, ensure residents could comply with the shelter-in-place orders in effect at that time and avoid punishing residents who lost income due to the pandemic. 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. Alameda County's eviction moratorium is set to expire on April 29. The order Sign up for NBC Bay Areas Housing Deconstructed newsletter. Box 7737, Oakland, CA 94601, Oakland Office: 1419 34th Ave., #203, Oakland, CA 94601 | 510.763.5877 (p) 510.763.5824 (f), SF Office: 4804 Mission Street, Suite 231, San Francisco, CA 94112 | 415.487.9203 (p) 415.487.9022 (f), Oakland Tenant Services/Servicios para inquilinos de Oakland, San Francisco Tenant Services / Servicios para inquilinos de San Francisco, Report ICE Activity // Reporta actividad de la migra, INTERNATIONAL WORKERS DAY CELEBRATES IMMIGRANTS AND FIGHT FOR JUSTICE. 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 . Alameda County COVID-19 Eviction Moratorium . East Bay Community Law Center (510) 548-4040, ext. Oakland had been one of the last cities in the Bay Area along with San Francisco, Berkeley and San Leandro to keep its eviction moratorium in place, months after California brought its COVID-19 state of emergency to an end. There are also extra protections for nonpayment evictions in the future. 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. 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. If you do, you can easily win the lawsuit under this Moratorium. Will you support us today? Non-legal Tenant Support: Causa Justa Just Cause - Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in. It also prohibits charging late fees associated with the back rent. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. 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. This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. First, your landlord cant legally give you an eviction notice right His order changed some procedural court guidelines in some COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. Your landlord can sue for the rent in other forums for example, in small claims court. out yet), that notice is also legally invalid. The workload was relatively manageable. 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. Legal Assistance for Seniors - (510) 832-3040. City of Oakland | Understanding Evictions in Oakland As long as you do not fall into one of the exceptions above, the moratorium covers you. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. you are protected from being evicted in the future for failure to pay that rent. 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.. . How Long Does the Eviction Moratorium Last? 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. For example, if you live in a single family home. This proposal will continue the current eviction moratorium until July 14, 2023 and end it on July 15, 2023. Another resident said, Our lives should be worth more than somebody elses profit., Bas said in a statement that Tuesdays legislation allows for outreach, education, and support to tenants and property owners; provides a clear end to the moratorium on July 15; and adds new permanent tenant protections to help avoid a surge in evictions.. (View legislation here.) For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 . Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. Some people have since objected to her comments, saying her use of the word yellow was offensive. At 11:59 p.m. on Saturday, April 29, Alameda County's eviction moratorium expired. The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? 1) A Ban on Almost All Evictions Oakland to Phase Out COVID-19 Related Eviction Moratoriums You should also collect and keep ACCE is a nonprofit tenant rights organization that works with renters across California, including in Oakland. Previously, she covered breaking news and crime for The Chronicle. East Bay Community Law Center - (510) 548-4040, ext. Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: (The governor can do that, but he hasnt.). 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. A landlord is allowed to file an eviction lawsuit if the landlord follows certain state law requirements. Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. What is Protect Oakland Renters? Limits certain rent increases during the State of Emergency. The blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. Currently, that amount is 3.5%. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. Your landlord cannot charge late fees for that rent. control ordinance, then during the emergency period your landlord cannot give you a rent increase of more 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. Judge allows Oakland eviction moratorium to stand, for now - MSN cant be evicted for failing to pay it, even after the emergency period ends. 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. 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.
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