Ive always been pro-tenant, and I find myself in this weird position, Kirk said. We amplify community voices, share information resources, and investigate systems, not just symptoms. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the Limits certain rent increases during the State of Emergency. You will still owe that rent in the future, but you Disturbing quiet enjoyment Bay Area Legal Aid (510) 250-5257 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. English & Spanish); (510) 763-5877 (main number, tenant organizing) 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. It took city officials weeks to fine-tune the new ordinances details amid contentious debate as well as numerous demonstrations between East Bay landlords and the citys renters. The legislation states that a landlord can evict a tenant for breach of their lease. the continued application and enforcement of the eviction moratorium is an . "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. Oakland officials decided early Wednesday to end an eviction moratorium enacted during the COVID-19 pandemic amid increased pressure from landlords who say they're owed thousands of dollars . The eviction is because the tenant is an imminent health or safety risk to other occupants. The landlords argue that the city and county COVID-19 eviction bans, in place since March 2020, constitute an illegal taking of private property by the government and violate state law. Refusing to sign a new lease with materially similar terms Thank you. Heres How long has it been since May started off this cold in Bay Area? letter from your current or former employer, a letter from your childs school, or medical records. Did Governor Newsom Pass an Eviction Moratorium in California? If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. Oakland will consider winding down over the next year an eviction . Many owners of rental property in Oakland have been anxiously awaiting her ruling, including several across the country whove gotten in touch with The Oaklandside. because of it. 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. On March 27, he issued an order on evictions This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. 2) The eviction is because the tenant is an imminent health or safety risk to other occupants. Alameda County COVID-19 Eviction Moratorium . Oakland city leaders late Tuesday night voted to end the city's eviction moratorium on July 15. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? Berkeley to spend quarter-million for first 24-hour public bathroom. Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. you live in a single family home and your landlord lives there too then the moratorium does not apply to Reach out This protection applies even. When City Council ends the Oakland COVID-19 State of Emergency. 1) A Ban on Almost All Evictions 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. Owner move-in Causa Justa Just Cause Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in If youre thinking of altering your workout routine, youre probably looking for new exercises and equipment to help you reach your fitness goals. Your landlord cannot charge late fees for that rent. Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. 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 ordinance prohibits your eviction and there are no exceptions. Causa Justa Just Cause, Centro Legal de la Raza, Asian Pacific Environmental Network (APEN), Oakland The blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. The federal eviction moratorium was in place until August 2021, and the state's eviction protections ended in June 2022. The law also protects against many future evictions for nonpayment of rent. 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? 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. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . 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. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. All rights reserved, Oakland's Community & Economic Development Committee. Oakland to Phase Out COVID-19 Related Eviction Moratoriums. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. If your tenancy is covered by Oaklands rent 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. Bas and Kalb have been working on the legislation for months. Existing rent increase moratorium is a 3% cap with no pass throughs or banking. If you do, you can easily win the lawsuit under this Moratorium. Bay Area Legal Aid - (510) 250-5257. "For so many, the pandemic has left an indelible financial and emotional impact. On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. 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). Leah Simon-Weisberg, legal director for advocacy organization ACCE, which participated in the lawsuit, said the tenant group is relieved but not surprised by the order. 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. For more information on our housing legal services please click here or call us at 510-548-4040. 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. is the city's financial engine and it is sputtering. 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. This proposal will continue the current eviction moratorium until July 14, 2023 and end it on July 15, 2023. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. Just before . What Does the Law Do About Rent Increases? All Access Digital offer for just 99 cents! The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . 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. The law suggests some types of proof, but it doesnt limit you to those options. Like many cities, Oakland has had an eviction moratorium in place since . This is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. Oakland City council just voted to approve the July 15 date to end the Covid-19 eviction moratorium, per legislation presented on Fri. A substantial damage clause was stricken from the legislation, disappointing tenant advocates concerned about unreasonable eviction. How renters will be protected when Oaklands, 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), How renters will be protected when Oaklands eviction ban ends in July. You are protected from any Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. out yet), that notice is also legally invalid. Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally valid reason, you still have to respond in order to protect your rights. Tenants still owe past rent, but landlords cannot ever lawfully evict them for not paying. (The governor can do that, but he hasnt.). 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. San Francisco approved a similar plan in March to wind down its eviction moratorium. We think the order is functionally useless, and it is certainly not a moratorium. This allows people to get evicted for not covering 75% of their floors with carpets I had that in my lease, said William Wilcox, an Oakland resident who works in affordable-housing services. We think the order is functionally useless, and it is certainly not a moratorium. 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. Property owners hold signs stating how much they are owed in rent at a rally held by in front of Oakland City Hall. Files an eviction lawsuit against you during the State of Emergency. OAKLAND, Calif. - The expiration of California's eviction moratorium, which protected renters who couldn't pay rent during the pandemic, is a concern for many renters who say they are still . 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for In Oakland, in order to access those protections, you are not legally required to notify your landlord that you are impacted by COVID-19 or provide them with proof right now. 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. I applaud the leadership of Council President Bas and Councilmember Kalb. 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). Ideally your landlord will not file a lawsuit they cant win. Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. For example, if The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. During the meeting, Council Member Carroll Fife addressed comments she made at an April 11 committee meeting where she criticized landlords who compared their experiences as property owners to slavery. The City Council will consider the proposal on April 18, 2023 at 4pm. You may want to ask your landlord if you can pay a reduced All rights reserved. Those who still need help with rent will be directed to the citys rental assistance program, which council members on Tuesday said has not been fully utilized. The current eviction moratorium will continue until July 14, 2023 and end on July 15, 2023. 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. 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. Did Governor Newsom Pass an Eviction Moratorium in California? Official Website for the City of Oakland | Mayor Sheng Thao. The only exception is if your landlord petitions the Oakland Rent Board for a fair return.. As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. housing for homeless people. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. How dare you, Fife, who is Black, had said. 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 . Ive spent time listening to multiple perspectives, and as Council President I am committed to moving forward a proposal that is responsible and meets our broader goals of housing stability, homelessness prevention, and certainty about the end of the moratorium, said Council President Nikki Fortunato Bas. This mean all tenants, unless one of the following applies to you. This moratorium disallows those types of increases. 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. The strongest protections possible are needed. You should also collect and keep How Long Does the Eviction Moratorium Last? "I am losing money, Ive lost value on the property, you know," Williams said, "Over the last year, nobody wants to buy a property with a tenant who doesnt pay.". The moratorium applies to all tenants in the City of Oakland who are covered by Oaklands Just Cause forEviction Ordinance. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? cant be evicted for failing to pay it, even after the emergency period ends. Breach of lease (noncompliance with the terms of the lease) those are an option for you, you could have a friend or coworker testify in court. eviction cases if tenants take affirmative steps now and provide information to their landlords. Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. As Fife spoke, a woman who stood with pro-landlord groups yelled that she was being treated as a slave and security eventually escorted her out of the council chamber. 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. 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. also prohibits charging late fees associated with the back rent. Fifes supporters held signs that showed the impacts of lynching and other images of slavery. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. 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? Oakland is one of the last cities in the Bay Area hanging on to its eviction moratorium, which was introduced during the pandemic to protect tenants from eviction. Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. There is no special exception for single family homes. Asian Pacific Islander Legal Outreach - (510) 251-2846. It passed Council by a unanimous vote. How Long Does the Eviction Moratorium Last? Causing substantial damage to the premises Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . Currently, that amount is 3.5%. Your donation goes beyond supporting our journalism. Why Doesnt the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? 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). You should also collect and keep proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict you later on, you can present that proof in court. If I Live in a Single Family Home, Does the Moratorium Apply to Me? Updated: Apr 26, 2023 / 05:08 AM PDT. A majority of Oakland residents are renters. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take What Types of Evictions Does the Moratorium Cover? The evictions moratorium says that if your landlord gives you an eviction notice during the State of Emergency, that notice is legally invalid. While some cities and counties in the Bay Area tied their phase outs of pandemic-related eviction protections to the end of the states COVID-19 state of emergency, the policy as proposed by Council members Nikki Fortunato Bas and Dan Kalb will allow the city to help tenants and property owners transition out from under the moratoria. However, you may wish to send some kind of notification to your landlord about your rent payments. prior increases or capital improvements. Andrew Zacks, a lawyer for the property owners, told The Oaklandside that plaintiffs respectfully disagree with Judge Beelers conclusions and intend to pursue all available appellate remedies., In a statement, Parker said the city is extremely pleased that the court validated the right of cities and counties to enact an eviction moratorium under California law and squarely rejected the plaintiffs claims that Oaklands ordinance, as written, violates their constitutional rights in light of the COVID-19 global pandemic that has tragically taken the lives of more than one million of our fellow Americans to date.. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . "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. How can We Limit Rent Increases For Everyone? The evictions moratorium says that if your landlord gives you an eviction notice during the State of As long as you do not fall into one of the exceptions above, the moratorium covers you. March 9 and currently ends on April 8. Emergency, that notice is legally invalid. (View legislation here and presentation here. In order to evict a tenant for breach of lease, the landlord must prove that the breach of lease is based on a term that the tenant accepted in writing, Tenant cannot be evicted for owing less than 1 month of HUD fair market rent, Conform occupancy limitations to State Law, Eric Adams - Policy Analyst + Community Partnerships Manager, City Council Approves New Permanent Tenant Protections & End Date for COVID-19 Eviction Moratorium, legislation to sunset the COVID-19 eviction moratorium. But three years later, Councilmember Dan Kalb says the city is in a different place. You will still owe that money, but you cant be displaced from your home 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. Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. 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. Just Listed: Developement sites in Hayward that can be entitled for up to 66 Townhomes or 182 Apartments. 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.". "We are coming out of -- I wont say completely, but mostly coming out of -- the COVID pandemic, and most people are back to work in some fashion," Kalb said. I dont want to hear another white, yellow, whatever person talk about what my ancestors experienced about being enslaved and making that akin to being a landlord.. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. Eviction Defense Center (510) 452-4541 It is retroactive to Legal Help: Centro Legal de la Raza - (510) 437-1554. If you are unable to pay rent during the State of Emergency because of COVID-19, you cannot be evicted in the future for failure to pay that rent. 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. . And second, even after the State of Emergency valid reason, you still have to respond in order to protect your rights. Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. your tenancy. The council meeting, which went on past midnight, ended with . Natalie Orenstein covers housing and homelessness for The Oaklandside. 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. proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Great value at $10k to $30k per unit. Big shift in weather is headed to California. Legal Q & A -. 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. Like many cities, Oakland has had an eviction moratorium in place since the start of the pandemic in March 2020. Opinion: How could the As ungrateful owner do this to us? because of COVID-19, you will win the eviction lawsuit. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. Learn more. But I want it to be respected, because our pain should be not so cheap; our trauma and history should not be so cheap.. Evictions are not allowed in almost all cases, with some exemptions for direct safety threats posed by tenants, or if the landlord wants to take the building off the rental market. you later on, you can present that proof in court. Bans evictions for nearly any reason during Oaklands State of Emergency. If you live in a rent-controlled unit, your landlord cannot increase your rent greater than Oaklands yearly CPI increase (currently set at 3.5%) during the State of Emergency. We expect it to You live in a health facility, nonprofit substance abuse treatment facility, or certain short-term She shares the beliefs many landlords do -- that theyre being taken advantage of. 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. needs these 5 sites to thrive so the city can recover. Sign up for NBC Bay Areas Housing Deconstructed newsletter. Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. For folks who are saying that this is slavery, shame on you. Proposed Phase Out of Moratorium. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. The ordinance will have its second reading for final passage on May 2, 2023. 01 May 2023 18:27:02 A federal judge has denied an initial attempt by landlords to strike down Oakland and Alameda Countys eviction moratoriums, meaning the bans on removing tenants from their housing will remain in effect while a court case considering the policies constitutionality continues. In Oakland, a debate is heating up about how pandemic protections against eviction should come to a close.