If you want to plan the perfect spring picnic, food and drink are important, but its certainly not the only factor to consider. All rights reserved, Oakland's Community & Economic Development Committee. 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. The blanket moratorium applies if you are being evicted for any of these reasons: But tenants cannot lose their housing for nonpayment during the State of Emergency. Oakland to Phase Out COVID-19 Related Eviction Moratoriums. 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). 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. 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. Owner move-in The only two exceptions to the blanket moratorium are 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? and co-sponsored by Oakland City Attorney Barbara Parker. March 9 and currently ends on April 8. Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. 10 years) OR This material may not be published, broadcast, rewritten, or redistributed. 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 . The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. A limited Bay Area eviction ban remains in place, but for how long? For example, if The evictions moratorium says that if your landlord gives you an eviction notice during the State of Emergency, that notice is legally invalid. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. Magazine Articles. His order changed some procedural court guidelines in some Your donation goes beyond supporting our journalism. How will courts rebuke of Berkeleys natural-gas ban affect the national movement it began? I dont know if any of you have ever received an eviction notice, but until you do it is really hard to appreciate the sheer terror youll feel, a member of the Oakland Tenants Union said. The council meeting, which went on past midnight, ended with . "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.". Oakland COVID-19 Evictions Moratorium FAQ. Centro Legal de la Raza (510) 437-1554 She shares the beliefs many landlords do -- that theyre being taken advantage of. 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. Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. Tenants living in a building constructed in or after 1996. 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. pass a law that says otherwise. We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. First, your landlord cant legally give you an eviction notice right 3) It limits certain rent increases during the State of 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. Heres ACCE is a nonprofit tenant rights organization that works with renters across California, including in Oakland. 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 . Why Doesnt the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? During the September hearing, Beeler said the ongoing moratoriums gave her pause. 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. Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. 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. "Im feeling cautiously optimistic, said Kijani Edwards, the director of ACCE's Oakland office. (Oakland residents only) 510-251-2846 FOR HOMEOWNERS ADVISORY NOTICE: On April 18, 2023, City Council passed legislation to sunset the COVID-19 Eviction Moratorium, as well as to add new permanent tenant protections. Just before midnight Tuesday, the city council voted 7-1 to sunset the pandemic-era policy, while adding permanent just cause protections to keep tenants from being evicted in droves this summer on flimsy pretenses. Tuesday, Oakland's Community & Economic Development Committee will discuss a proposed ordinance brought forward by council President Nikki Fortunato Bas and council President Pro Tem Dan Kalb that would set up a gradual timeline for ending the city's eviction moratorium. 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. How Long Does the Eviction Moratorium Last? you are impacted by COVID-19 or provide them with proof right now. Oakland Evictions Moratorium FAQ - Asian Pacific Environmental Network Did Governor Newsom Pass an Eviction Moratorium in California? Thank you for supporting The Oaklandside and being a part of our community. 01 May 2023 18:27:02 It has to be renewed by City Council every 30 days. Alameda County's eviction moratorium is set to expire on April 29. No individual city can pass a law that says otherwise. 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. Gov. The legislation was co-authored by Council President Nikki Fortunato Bas and Council President Pro Tempore Dan Kalb, who also co-authored the 2020 eviction moratorium. The eviction moratorium will also apply to units previously exempt from the Just Cause for Eviction . This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. Your landlord can sue for the rent in other forums for example, in small claims court. The future protection for tenants related to nonpayment of rent does not expire. How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? PDF Senate Budget and Fiscal ReviewNancy Skinner, Chair SUBCOMMITTEE NO. 5 You may want to ask your landlord if you can pay a reduced Certain evictions will be allowed to resume in May. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! 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. "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. Williams said his tenant's nonpayment has placed a significant financial strain on him. As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. You live in a health facility, nonprofit substance abuse treatment facility, or certain short-term For more information on our housing legal services please click here or call us at 510-548-4040. The protections, established in 2020 to shield tenants from the economic repercussions of the COVID-19 pandemic, ended after . Property owners hold signs stating how much they are owed in rent at a rally held by in front of Oakland City Hall. Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. 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. Your landlord can sue for the rent in other forums-- for example, in small claims court. The only exception is if your landlord petitions the Oakland Rent Board for a fair return. When City Council ends the Oakland COVID-19 State of Emergency. The law suggests some types of proof, but it doesnt limit you to those options. prior increases or capital improvements. Downtown S.F. What Does the Law Do About Rent Increases? 2) Protection Against Future Evictions for Nonpayment of Rent In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take A majority of Oakland residents are renters. 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. If Beeler had ruled in their favor, the city and county would have been forced to end the moratoriums immediately, but her order denies summary judgment, so the case will continue working its way through court, likely going to trial next year. For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 . The ban on most evictions lasts as long as Oaklands State of Emergency, which currently is retroactive to March 9 and ends on May 31. You have the right to say that you are not comfortable giving out that information. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. "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. What Types of Evictions Does the Moratorium Cover? 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. You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. This moratorium disallows those types of increases. control ordinance, then during the emergency period your landlord cannot give you a rent increase of more Non-legal Tenant Support: Causa Justa Just Cause - Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in. You are protected from any late fees, as well. (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. "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. Tenants still owe past rent, but landlords cannot ever lawfully evict them for not paying. Ideally your landlord will not file a lawsuit they cant win. We think the order is functionally useless, and it is certainly not a moratorium. 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.. The legislation was co-authored by Council President Nikki Fortunato Bas and Council President Pro Tempore Dan Kalb, who also co-authored the 2020 eviction moratorium. Moms 4 Housing plans to do the same. But she said the legislation falls short of banning frivolous evictions, where tenants breach their lease with less serious offenses, for example, by placing plants on their porch when their lease states plants are prohibited. If you value what you get from The Oaklandside, please join us with a tax-deductible donation today so we can continue doing the local reporting that matters to you. The moratorium protects you in two ways. 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. you and your family have available to you. On March 27, he issued an order on evictions Some local moratoria remained, but many of those have expired or are expiring soon. The law suggests some types of proof, but it doesnt limit you to those options. There is no special exception for single family homes. Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. Many property owners said they resented how tenants have painted them as money-hungry villains. East Bay Community Law Center (510) 548-4040, ext. At 11:59 p.m. on Saturday, April 29, Alameda County's eviction moratorium expired. Am I a small landlord? As long as you do not fall into one of the exceptions above, the moratorium covers you. the ordinance prohibits your eviction and there are no exceptions. Eviction Defense Center - (510) 452-4541. (View legislation here.) those are an option for you, you could have a friend or coworker testify in court. Alameda County and Oakland eviction bans now are among the stiffest local renter protections remaining in the state. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever How can We Limit Rent Increases For Everyone? steps to respond to the lawsuit in time. Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. 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. 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) View more videos and watch CBS News, a live news stream featuring original CBS News reporting. The council also voted to end the citys moratorium on rent increases above the consumer price index on July 1, 2024. It passed Council by a unanimous vote. After July 1, 2024, only the 3% cap will continue. If at that time you prove that you couldnt pay rent 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. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. Ideally your landlord will not file a lawsuit they cant win. Currently, that amount is 3.5%. I deeply regret any individual who took my words and misunderstood my heart, the councilmember 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. East Bay Community Law Center - (510) 548-4040, ext. amount of rent during the crisis if you still have some income. What am I? Bas and Kalb have been working on the legislation for months. 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. Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. Natalie Orenstein covers housing and homelessness for The Oaklandside. Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. You should also collect and keep The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Nonpayment of rent PDF Alameda County COVID-19 Eviction Moratorium Bay Area Legal Aid - (510) 250-5257. 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. Were journalists for Oakland. CBS News Bay Area: Free 24/7 . proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict May 1, 2023. First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. If you are unable to pay rent during the State of Emergency, and it is because of COVID-19 or some situation caused by COVID-19, you are protected from being evicted in the future for failure to pay that rent. If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. now for almost any reason including failure to pay rent. Am I a despicable, horrible corporate being? Learn more. Gavin Newsom has announced that Californias state of emergency will end on Feb. 28, 2023, which could influence the timeline of the local declarations. Why Doesn't the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? City of Oakland | Important COVID-19 Information Like many cities, Oakland has had an eviction moratorium in place since the start of the pandemic in March 2020. Emergency, that notice is legally invalid. If I Live in a Single Family Home, Does the Moratorium Apply to Me? Days could be numbered for the Alameda County and Oakland eviction moratorium policiesif a judge accepts the arguments presented by landlord attorneys at a federal court hearing Thursday.. is the city's financial engine and it is sputtering. You will still owe that money, but you cant be displaced from your home because of it. . The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. (BCN) Oaklands City Council has voted to phase out the citys pandemic-related moratorium on evictions and rent increases over the next 15 months. Two council members, Janani Ramachandran and Kevin Jenkins, had previously said adding that language would duplicate existing laws. Los Angeles County's 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. evidence or get into facts of the case. 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). How we transition out of a moratorium that prevented thousands of tenants from becoming homeless will determine whether Oakland can prevent another housing crisis. The law limits rent increases for rent-controlled tenants. Credit scores go flat, They said it: Nowhere for the water to go, Total dominance: Steph Curry breaks NBA Game 7 record, leads Warriors over Kings. (The governor can do that, but he hasnt.). However, you may wish to send ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but 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. We amplify community voices, share information resources, and investigate systems, not just symptoms. Your landlord cannot charge late fees for that rent. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. If you do, you can easily win the lawsuit without having to produce evidence or get into facts of the case. Thank you. 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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