oakland eviction moratorium exceptions

(The governor can do that, but he hasn't.). The council meeting, which went on past midnight, ended with . cannot lose your housing. steps to respond to the lawsuit in time. Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. 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). does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. As long as you do not fall into one of the exceptions above, the moratorium covers you. Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. City of Oakland | Understanding Evictions in Oakland The Oakland Moratorium was originally sponsored by Councilmembers Nikki Fortunato Bas and Dan Kalb Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . Alliance of Californians for Community Empowerment (510) 269-4692 (tenant organizing) Alameda County will end its eviction moratorium at the end of April. Oakland's 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 . There are also extra protections for nonpayment evictions in the future. Property owners hold signs stating how much they are owed in rent at a rally held by in front of Oakland City Hall. Breach of lease (noncompliance with the terms of the lease), Refusing to sign a new lease with materially similar terms, Causing substantial damage to the premises, Denying the landlord access to the unit if required by law, If you are being evicted under the Ellis Act (removing the whole property from the rental market for 10 years) OR. The protections, established in 2020 to shield tenants from the economic repercussions of the COVID-19 pandemic, ended after . That proposal would have ended the moratorium in phases but did not have majority support from council members. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? Tenants still owe past rent, but landlords cannot ever lawfully evict them for not paying. Oakland to consider phasing out controversial eviction moratorium. The ordinance will have its second reading for final passage on May 2, 2023. You will still owe that rent in the future, but you Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. (The governor can do that, but he hasnt.). Find him taking walks around town; he is always looking for story tips. 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 blanket moratorium applies if you are being evicted for any of these reasons: They urged the council to end the moratorium sooner than July. 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. Berkeley extended its moratorium until the end of August. Eviction Defense Center - (510) 452-4541. issue an eviction moratorium. You could use pay stubs, a This moratorium disallows those types of increases. However, he maintains that putting people out on the street making people homeless doesnt get [the landlords'] money back at all.". "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. 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. Alameda County's eviction moratorium has come to an end, leaving tens of thousands of renters to pay rent for the first time in three years. the continued application and enforcement of the eviction moratorium is an . 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. Judge allows Oakland eviction moratorium to stand, for now - MSN The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Abrupt closure of S.F. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. Natalie Orenstein covers housing and homelessness for The Oaklandside. Who Does the Oakland Moratorium Apply to? accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever He said he received a foreclosure letter for his property on Friday. you later on, you can present that proof in court. But three years later, Councilmember Dan Kalb says the city is in a different place. A key clause in the ordinance that would have strengthened Oakland's permanent just-cause eviction protections was not part of the approved policy. 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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. Those protections include providing legal defense for tenants evicted for nonpayment of rent due to COVID and prohibiting landlords from evicting a tenant who owes less than a month of what the federal government defines as fair market rent. Council Member Noel Gallo, who wanted the eviction moratorium to end at the end of May,voted against the proposal. than Oaklands yearly CPI increase. 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). This story was updated shortly after publication with a statement from City Attorney Barbara Parker. Tenants Union, the East Bay Community Law Center, and East Bay Housing Organizations (EBHO). It includes the Alliance of Californians for Community Empowerment (ACCE), Causing substantial damage to the premises The law also protects against many future evictions for nonpayment of rent. View more videos and watch CBS News, a live news stream featuring original CBS News reporting. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. Oakland Evictions Moratorium FAQ - Asian Pacific Environmental Network Under Oakland's moratorium, renters who are protected by the city's Just Cause for Eviction policywhich typically applies to all buildings constructed before 1996 can only be evicted in very rare cases. 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. No individual city can pass a law that says otherwise. Oakland landlord stands to lose everything after tenant fails to pay No. You are protected from any How long has it been since May started off this cold in Bay Area? Alameda County's eviction moratorium is set to expire on April 29. Changing course from a slow phase out over several months to a hard end date stunned and disappointed tenant advocates, who worry that come mid-July, renters unable to pay their bills will be out on the streets in record numbers. pass a law that says otherwise. Copyright 2023 NBCUniversal Media, LLC. Protection Against Future Evictions for Nonpayment of Rent. City of Oakland | City Council Approves New Permanent Tenant 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. Oakland and Alameda County's eviction moratoriums are still in effect Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. I applaud the leadership of Council President Bas and Councilmember Kalb. Tenants living in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people. After July 1, 2024, only the 3% cap will continue. "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. 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. some kind of notification to your landlord about your rent payments. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the . Gavin Newsom has announced that Californias state of emergency will end on Feb. 28, 2023, which could influence the timeline of the local declarations. Thank you for supporting The Oaklandside and being a part of our community. needs these 5 sites to thrive so the city can recover. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . Repeal the Costa-Hawkins Rental Housing Act. 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. 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. Legal Assistance for Seniors - (510) 832-3040. What am I? Oakland COVID eviction moratorium to end in July (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 . A landlord is allowed to file an eviction lawsuit if the landlord follows certain state law requirements. the Oakland Moratorium. "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. Simon-Weisberg said she and other tenant advocates have been urging some council members to add stronger protections against frivolous evictions, but the council did not ultimately include the stronger language. What Types of Evictions Does the Moratorium Cover? If you cannot pay rent accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever lawfully evict you for not paying. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. The Cliff House was once a colossal Victorian mansion that met a Steph Curry adds to his Warriors legend by lighting up Kings for 50, Warriors crush Kings 120-100 as Steph Curry scores Game 7-record 50 points. 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. Eviction Defense Center (510) 452-4541 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. Bas and Kalb have been working on the legislation for months. you and your family have available to you. Am I a despicable, horrible corporate being? There is no special exception for single family homes. If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. How Long Does the Eviction Moratorium Last? 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.. And second, even after the State of Emergency 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. 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. Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. OAKLAND EVICTION MORATORIUM FACT SHEET - Causa Justa Just Cause Landlords were able once again to move forward with new or pending lawsuits . This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. 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. You live in the same unit as your landlord (you share a bathroom or kitchen) housing for homeless people. Today, Council President Nikki Fortunato Bas and Council President Pro Tempore Dan Kalb published amended legislation to phase out the COVID-19 eviction moratorium in a responsible manner. The order Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. 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. out yet), that notice is also legally invalid. Denying the landlord access to the unit if required by law "We hope that the CED committee will do the right thing Tuesday when it comes to Oakland tenants, but we have reason to believe that it may not happen.". If you do, you can easily win the lawsuit under this Moratorium. 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. The only exception is if your landlord petitions the Oakland Rent Board for a fair return. On March 27, 2020, Governor Newsom issued an order on evictions that changed procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. Will you support us today? The evictions moratorium says that if your landlord gives you an eviction notice during the State of To the dismay of some renters, two others on the council Janani Ramachandran and Kevin Jenkins secured the removal of the substantial damage language, arguing that it would duplicate Oaklands existing laws. On Tuesday, Fife said she made her comments because she was triggered by the comparison to slavery. Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. Oakland phases out pandemic-related eviction moratoriums Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. How can We Limit Rent Increases For Everyone? Official Website for the City of Oakland | Mayor Sheng Thao. services were overwhelmed, among other pandemic impacts . East Bay Community Law Center (510) 548-4040, ext. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. . If you do, you can easily win the lawsuit without having to produce evidence or get into facts of the case. On 15 January 2022, the city's moratorium lifted. Photo by Anders Holm-Jensen on Unsplash. Rates were lower in . Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. You are protected from any late fees, as well. Create your own unique website with customizable templates. For more information on our housing legal services please click here or call us at 510-548-4040. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. If none of Repeal the Costa-Hawkins Rental Housing Act. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. Eviction Defense Center - (510) 452-4541. This mean all tenants, unless one of the following applies to you. It also prohibits charging late fees associated with the back rent. The building you live in was constructed in 1996 or later For folks who are saying that this is slavery, shame on you. Your landlord can sue for the rent in other forums for example, in small claims court. How we transition out of a moratorium that prevented thousands of tenants from becoming homeless will determine whether Oakland can prevent another housing crisis. Learn more. Why Doesn't the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? What Does the Moratorium Do About Rent Increases? Big shift in weather is headed to California. 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 . She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. This article was posted on Monday, May 01, 2023. His order changed some procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. Am I a small landlord? This S.F. Judge allows Oakland eviction moratorium to stand, for now Bay Area Legal Aid - (510) 250-5257. If you want to plan the perfect spring picnic, food and drink are important, but its certainly not the only factor to consider. How Long Does the Eviction Moratorium Last? Amended Legislation To Phase Out Oakland COVID-19 Eviction Moratorium because of it. Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College.