(View legislation here.) . Legal Help: Centro Legal de la Raza - (510) 437-1554. the continued application and enforcement of the eviction moratorium is an . The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. If at that time you prove that you couldnt pay rent For example, if you live in a single family home. When City Council ends the Oakland COVID-19 State of Emergency. The protections, established in 2020 to shield tenants from the economic repercussions of the COVID-19 pandemic, ended after . Causa Justa Just Cause, Centro Legal de la Raza, Asian Pacific Environmental Network (APEN), Oakland 629. This material may not be published, broadcast, rewritten, or redistributed. If none of those are an option for you, you could have a friend or coworker testify in court. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted . "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.". 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. The council also voted to end the citys moratorium on rent increases above the consumer price index on July 1, 2024. 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. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. That proposal would have ended the moratorium in phases but did not have majority support from council members. You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. Tenants living in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people. The City Council will consider the proposal on April 18, 2023 at 4pm. 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 Why Doesn't the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? lawsuit filed by a group of rental property owners, Eviction attempts plummeted during the pandemic in Oakland, No evictions in Oakland, Alameda County until after COVID-19 emergency, Can you get evicted in Oakland? Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. The federal eviction moratorium was in place until August 2021, and the state's eviction protections ended in June 2022. 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 order The law suggests some types of proof, but it doesnt limit you to those options. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. eviction cases if tenants take affirmative steps now and provide information to their landlords. 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. Question 1: I am still confused about the eviction moratoriums in Oakland and Alameda County. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. Eviction for substantial repairs. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the during the State of Emergency, and it is because of COVID-19 or some situation caused by COVID-19, Earlier in the day, Alameda County awarded a new grant to the nonprofit Centro Legal de la Raza, which primarily offers legal services including assistance with housing disputes to undocumented residents. 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. If you do, you can easily win the lawsuit without having to produce Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. 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. 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 . Ive always been pro-tenant, and I find myself in this weird position, Kirk said. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. His order changed some procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. 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. housing for homeless people. Denying the landlord access to the unit if required by law Alliance of Californians for Community Empowerment (510) 269-4692 (tenant organizing) Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. 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. Thank you. 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. 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). He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. 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. COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? His order changed some procedural court guidelines in some What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? No individual city can pass a law that says otherwise. Whether or not you pay rent right now is a personal matter that depends on what choices and resources Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. 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 . 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.". Fifes supporters held signs that showed the impacts of lynching and other images of slavery. View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Fife had said, For folks saying this is slavery, shame on you. 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 citys COVID-era ban on evictions. Am I a despicable, horrible corporate being? For more information on our housing legal services please click here or call us at 510-548-4040. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Who Does the Oakland Moratorium Apply to? Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. This S.F. 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. We think the order is functionally useless, and it is certainly not a moratorium. Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. This moratorium disallows those types of increases. evidence or get into facts of the case. Legal Assistance for Seniors - (510) 832-3040. Oaklands 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 Oakland residents, according to the legislation. Governor Newsom did not issue an eviction moratorium. 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. Landlords were able once again to move forward with new or pending lawsuits . You live in the same unit as your landlord (you share a bathroom or kitchen) Berkeley extended its moratorium until the end of August. you live in a single family home and your landlord lives there too then the moratorium does not apply to The moratorium applies to all tenants in the City of Oakland who are covered by Oaklands Just Cause forEviction Ordinance. The eviction is because the tenant is an imminent health or safety risk to other occupants. Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. cant be evicted for failing to pay it, even after the emergency period ends. 3) It limits certain rent increases during the State of Emergency. Copyright 2023 Nexstar Media Inc. All rights reserved. "It needs to get phased out now -- tomorrow -- not over a period of time," said John Williams, an Oakland resident and landlord. If your landlord gave you an eviction notice prior to the State of How dare you? We encourage you not to sign any legal documents without fully understanding what you are agreeing to. 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. then the moratorium does not apply to your tenancy. CBS News Bay Area: Free 24/7 . Gavin Newsom has announced that Californias state of emergency will end on Feb. 28, 2023, which could influence the timeline of the local declarations. 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. We amplify community voices, share information resources, and investigate systems, not just symptoms. 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. Owner move-in The workload was relatively manageable. Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. Just Listed: Developement sites in Hayward that can be entitled for up to 66 Townhomes or 182 Apartments. Moms 4 Housing plans to do the same. Alameda County's eviction moratorium is set to expire on April 29. Protection Against Future Evictions for Nonpayment of Rent. But three years later, Councilmember Dan Kalb says the city is in a different place. The last three years of the pandemic have been unprecedented. Files an eviction lawsuit against you during the State of Emergency. you are impacted by COVID-19 or provide them with proof right now. You should also collect and keep You will still owe that rent in the future, but you 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. (Oakland residents only) 510-251-2846 FOR HOMEOWNERS Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . Photo by Anders Holm-Jensen on Unsplash. I Cant Pay Rent Right Now How Does the Moratorium Work for Me? Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. There is no special exception for single family homes. The Oaklandside relies on reader support to remain free for everyone in our community. 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? 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. Your donation goes beyond supporting our journalism. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . Legal Help: 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. 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. For example, if What Does the Moratorium Do About Rent Increases? Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking The law also protects against many future evictions for nonpayment of rent. The eviction moratorium will also apply to units previously exempt from the Just Cause for Eviction . For folks who are saying that this is slavery, shame on you. 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. In Oakland, in order to access those protections, you are not legally required to notify your landlord that (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 . lawfully evict you for not paying. 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 . How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. Am I a small landlord? It includes the Alliance of Californians for Community Empowerment (ACCE), All rights reserved. A landlord could sue for the rent in other forums for example, in small claims court. This protection applies even. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. Weve sacrificed majorly, one property owner said. All rights reserved, Oakland's Community & Economic Development Committee. Ideally your landlord will not file a lawsuit they cant win. You may want to ask your landlord if you can pay a reduced 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. You are protected from any 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. Breach of lease (noncompliance with the terms of the lease) Eviction Defense Center - (510) 452-4541. However, you cannot lose your housing. Some local moratoria remained, but many of those have expired or are expiring soon. If none of Alameda County COVID-19 Eviction Moratorium . 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. 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. 1) If you are being evicted under the Ellis Act (removing the whole property from the rental market for proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict 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. Centro Legal de la Raza (510) 437-1554 The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. "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. Unfortunately, no individual city can Man shot, pistol-whipped in San Rafael robbery, Heres how Oaklands mayor wants to balance the budget, Livermore PD seizes gun, drum magazine, arrests 2, Pimp sentenced to prison for sex trafficking of minors, History of Curry vs. LeBron in playoffs: Who has, Warriors vs. Lakers playoffs: Start times, TV schedule, Curry drops 50 as Warriors win Game 7 vs. Kings, Celebrities spotted at Kings-Warriors Game 7, Two men charged for theft, burglary during NFL Draft, Le Creuset just launched a dreamy new color for spring, Our fitness expert weighs in on this years top spring, Picnic-planning ideas for the spring season, Influencer mom found guilty after faking attempted, Body found near Hwy 24 off-ramp in Oakland, Missing Petaluma girl located, safely returned home, BestReviews.com - Top gifts to make everyone happy this spring, Surprise your mom with one of these Mothers Day, Mothers Day inspo: This foot massager has 20,000, Drew Barrymores Walmart collection is perfect for, Best Mothers Day gifts for the budding plant mom, Best Mothers Day Gifts for moms obsessed with books, Do Not Sell or Share My Personal Information. the Oakland Moratorium. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. A majority of Oakland residents are renters. First, your landlord cant legally give you an eviction notice right The legislation states that a landlord can evict a tenant for breach of their lease. Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements.