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. eviction cases if tenants take affirmative steps now and provide information to their landlords. What is the Oakland Evictions Moratorium? For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 . 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: The order 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. Create your own unique website with customizable templates. Tuesday's committee meeting is scheduled to start at 4 p.m. Kalb hopes the proposed ordinance will be heard before the full council the following week. Eviction for substantial repairs. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? 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. Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. Disturbing quiet enjoyment This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. the continued application and enforcement of the eviction moratorium is an . And second, even after the State of Emergency ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. Ideally your landlord will not file a lawsuit they cant win. Weve sacrificed majorly, one property owner said. You will still owe that rent in the future, but you cant be evicted for failing to pay it, even after the emergency period ends. It extends the current eviction moratorium until mid-July allowing 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.. Some people have since objected to her comments, saying her use of the word yellow was offensive. Certain evictions will be allowed to resume in May. If you do, you can easily win the lawsuit without having to produce evidence or get into facts of the case. Fife had said, For folks saying this is slavery, shame on you. The Oakland Moratorium was originally sponsored by Councilmembers Nikki Fortunato Bas and Dan Kalb 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. 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. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. 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.. On March 27, he issued an order on evictions Chief of Staff Council President + District 2 Councilmember cmunozramos@oaklandca.gov 510-238-7246, Amended Legislation To Phase Out Oakland COVID-19 Eviction Moratorium And Add New Permanent Tenant Protections Moves Forward to Full City Council, Council President + District 2 Councilmember, amended legislation to phase out the COVID-19 eviction moratorium, Now through July 14, 2023 current eviction moratorium continues, July 15, 2023 - eviction moratorium and late fee moratorium end, July 1, 2024 - rent increase moratorium ends, Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE, The landlord lives in the unit with the tenant and shares a bathroom or kitchen; or, The tenant created an imminent health/safety threat at the property; or, The landlord is removing the unit(s) from the rental market for at least 10 years (Ellis Act), Unless there is a lease provision to the contrary, no late fees for unpaid rent, For rent-controlled properties, the landlord can raise the rent, but not above the cap of 3%, No pass-through increases or banking are allowed. More than 100 people spoke during public comment. Previously, she covered breaking news and crime for The Chronicle. "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. some kind of notification to your landlord about your rent payments. Oakland Eviction Moratorium FAQs - East Bay Community Law Center 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. As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. You could use pay stubs, a proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict Judge allows Oakland eviction moratorium to stand, for now - MSN Council President Nikki Fortunato Bas and . The last three years of the pandemic have been unprecedented. If you are unable to pay rent needs these 5 sites to thrive so the city can recover. 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. prior increases or capital improvements. Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. Your landlord can sue for the rent in other forums for example, in small claims court. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. OAKLAND Property owners can once again kick out tenants for failure to pay rent starting July 15, a hard-fought compromise end date to the city's COVID-era ban on evictions. Nonpayment of rent Your donation makes this and all our other local reporting possible. 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. 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. If your landlord gave you an eviction notice prior to the State of Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run out yet), that notice is also legally invalid. Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. After July 1, 2024, only the 3% cap will continue. Legal Assistance for Seniors - (510) 832-3040. cannot lose your housing. 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. 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. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. 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. Just Listed: Developement sites in Hayward that can be entitled for up to 66 Townhomes or 182 Apartments. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. You live in the same unit as your landlord (you share a bathroom or kitchen) than Oaklands yearly CPI increase. Oakland COVID-19 Evictions Moratorium FAQ. Protection Against Future Evictions for Nonpayment of Rent. BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. Official Website for the City of Oakland | Mayor Sheng Thao. You are also not required to sign any papers to access the eviction protections described above. The law also protects against many future evictions for nonpayment of rent. 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 weighs phase-out of its eviction moratorium after three years Existing rent increase moratorium is a 3% cap with no pass throughs or banking. This moratorium disallows those types of increases. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. 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. A donation to The Oaklandside goes beyond the newsroom. 3) It limits certain rent increases during the State of Emergency. First, your landlord cant legally give you an eviction notice right 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.". Landlords argue in court to end Oakland and Alameda County eviction 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted . If approved by the Oakland City Council, the timeline would be as follows: BACKGROUND:Current Oakland Eviction Moratorium (in effect): Just Cause OrdinanceThese Permanent Tenant Protections would be added: Cinthya Muoz Ramos There are also extra protections for nonpayment evictions in the future. PDF Senate Budget and Fiscal ReviewNancy Skinner, Chair SUBCOMMITTEE NO. 5 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 . Los Angeles County's 2) Protection Against Future Evictions for Nonpayment of Rent You live in a health facility, nonprofit substance abuse treatment facility, or certain short-term This article was posted on Monday, May 01, 2023. If none of those are an option for you, you could have a friend or coworker testify in court. 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. Sign up for The Oaklandsides free daily newsletter. The moratorium applies to all tenants in the City of Oakland who are covered by Oakland's Just Cause for Eviction Ordinance. an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every Bay Area Legal Aid (510) 250-5257 Moms 4 Housing plans to do the same. Legal Q & A -. 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 . Learn more. 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. But three years later, Councilmember Dan Kalb says the city is in a different place. The new ordinance establishes a timeline to end the moratorium, rather than leaving the expiration date tied to the end of the Local COVID-19 Emergency. What Does the Law Do About Rent Increases? lawfully evict you for not paying. (View legislation here and presentation here. On Tuesday, nearly 100 people filled the council chamber, some holding signs that read, Protect Oakland Renters. Others held signs that read, End the Abuse and urged the council to end the eviction moratorium immediately. 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. Sign up for NBC Bay Areas Housing Deconstructed newsletter. Ideally your landlord will not file a lawsuit they cant win. 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 . Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking This proposal will continue the current eviction moratorium until July 14, 2023 and end it on July 15, 2023. Scott Budman reports. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. "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. The council also voted to end the citys moratorium on rent increases above the consumer price index on July 1, 2024. 629. The timeline is as follows: Now through July 14, 2023 current eviction moratorium continues, July 15, 2023 eviction moratorium and late fee moratorium end, July 1, 2024 rent increase moratorium ends. 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.. 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. Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. you are protected from being evicted in the future for failure to pay that rent. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? English & Spanish); (510) 763-5877 (main number, tenant organizing) 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 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. (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . Your donation goes beyond supporting our journalism. Many speakers spoke in support of Bas and Kalbs legislation, which they said would wind down the moratorium in a safe way.. The ordinance also seeks to make several changes to strengthen Oakland's existing just cause eviction protections. It passed Council by a unanimous vote. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. 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. Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. The moratorium protects you in two ways. Tenants Union, the East Bay Community Law Center, and East Bay Housing Organizations (EBHO). Files an eviction lawsuit against you using an eviction notice that expires during the State of Emergency. It also prohibits charging late fees associated with the back rent. then the moratorium does not apply to your tenancy. Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. Legal Help: Centro Legal de la Raza - (510) 437-1554. 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. This proposed ordinance would establish a timeline to end the moratorium, rather than leaving the expiration date tied to the end of the Local COVID-19 Emergency. 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. I can't sleep at night because I know I have to pay this bill tomorrow and that bill the next day and I don't have enough money to pay, and I have to work day and night, three jobs to get by, said Lynn Truong, Oakland property owner. evictions protest Oakland landlords moratorium - CBS News No individual city can pass a law that says otherwise. March 9 and currently ends on April 8. Eviction Defense Center (510) 452-4541 3) It limits certain rent increases during the State of Emergency. It is retroactive to During the September hearing, Beeler said the ongoing moratoriums gave her pause. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . 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). 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. Eviction Defense Center - (510) 452-4541. (BCN) Oaklands City Council has voted to phase out the citys pandemic-related moratorium on evictions and rent increases over the next 15 months. 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. The protections, established in 2020 to shield tenants from the economic repercussions of the COVID-19 pandemic, ended after . Owner move-in His order changed some procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. It passed Council by a unanimous vote. Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. Causa Justa Just Cause, Centro Legal de la Raza, Asian Pacific Environmental Network (APEN), Oakland petitions the Oakland Rent Board for a fair return. You will still owe that rent in the future, but you cant be evicted for failing to pay it. Eviction Defense Center - (510) 452-4541. 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. Abrupt closure of S.F. We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. In Oakland, it's landlords who are unhappy with a plan to end eviction ban 10 years) OR . 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