Many speakers spoke in support of Bas and Kalbs legislation, which they said would wind down the moratorium in a safe way.. 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. 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 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). that we think is deeply unhelpful to tenants. The eviction is because the tenant is an imminent health or safety risk to other occupants. (The governor can do that, but he hasn't.). some kind of notification to your landlord about your rent payments. Some property owners accuse tenants of taking advantage of the policy, and are asking for reimbursement. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. However, you may wish to send Ordinarily, a landlord might be able to increase your rent for more than the CPI by banking prior increases or capital improvements. 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. 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. Whether or not you pay rent right now is a personal matter that depends on what choices and resources Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. Am I a despicable, horrible corporate being? 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 I want it to be respected, because our pain should be not so cheap; our trauma and history should not be so cheap.. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. 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 . Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: 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. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. NBA playoffs: When will the Warriors-Lakers series start? reason. For example, if Alameda County will end its eviction moratorium at the end of April. 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.. 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). 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.. 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. Legal Help: Centro Legal de la Raza - (510) 437-1554. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Some people have since objected to her comments, saying her use of the word yellow was offensive. 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. 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. be renewed. (Oakland residents only) 510-251-2846 FOR HOMEOWNERS 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. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. 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. On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. 629 The law suggests some types of proof, but it doesnt limit you to those options. Files an eviction lawsuit against you during the State of Emergency. During the unprecedented global pandemic, our eviction moratorium met its goal of keeping people housed and preventing homelessness for many Oaklanders. 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. ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. 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. Files an eviction lawsuit against you using an eviction notice that expires during the State of Emergency. It has to be renewed by City Council every 30 days. If you do, you can easily win the lawsuit without having to produce Protection Against Future Evictions for Nonpayment of Rent. you are protected from being evicted in the future for failure to pay that rent. Weve sacrificed majorly, one property owner said. Just Listed: Developement sites in Hayward that can be entitled for up to 66 Townhomes or 182 Apartments. 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. A landlord could sue for the rent in other forums for example, in small claims court. Sign up for NBC Bay Areas Housing Deconstructed newsletter. the Oakland Moratorium. Eviction Defense Center - (510) 452-4541. The moratorium applies to all tenants in the City of Oakland who are covered by Oaklands Just Cause forEviction Ordinance. Bans evictions for nearly any reason during Oaklands State of Emergency. If at that time you prove that you couldnt pay rent cannot lose your housing. 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. 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. If you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. 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. But tenants cannot lose their housing for nonpayment during the State of Emergency. Repeal the Costa-Hawkins Rental Housing Act. If I Live in a Single Family Home, Does the Moratorium Apply to Me? Council President Nikki Fortunato Bas and . "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.". you live in a single family home and your landlord lives there too then the moratorium does not apply to Legal Q & A -. But three years later, Councilmember Dan Kalb says the city is in a different place. petitions the Oakland Rent Board for a fair return. letter from your current or former employer, a letter from your childs school, or medical records. evidence or get into facts of the case. Non-legal Tenant Support: Causa Justa Just Cause - Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in. The building you live in was constructed in 1996 or later Extended multiple times, the moratoriums are now set to expire once the county Board of Supervisors and Oakland City Council declare an end to the local states of emergency. Tenants still owe past rent, but landlords cannot ever lawfully evict them for not paying. 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. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. 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. You should also collect and keep She shares the beliefs many landlords do -- that theyre being taken advantage of. valid reason, you still have to respond in order to protect your rights. 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 . 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). 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. is the city's financial engine and it is sputtering. Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. 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. Disturbing quiet enjoyment 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. If you do, you can easily win the lawsuit without having to produce evidence or get into facts of the case. Property owners hold signs stating how much they are owed in rent at a rally held by in front of Oakland City Hall. proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict 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. The council meeting, which went on past midnight, ended with . Sign up for The Oaklandsides free daily newsletter. 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. What Does the Law Do About Rent Increases? This is not a paywall, butThe Oaklandside depends on reader donations to support our nonprofit newsroom. There is no special exception for single family homes. 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. What Does the Moratorium Do About Rent Increases? What Types of Evictions Does the Moratorium Cover? 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.. 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. Your donation makes this and all our other local reporting possible. This protection applies even. Alameda County and Oakland eviction bans now are among the stiffest local renter protections remaining in the state. 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. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. We expect it to 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis the ordinance prohibits your eviction and there are no exceptions. (View legislation here.) Scott Budman reports. Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. He said he received a foreclosure letter for his property on Friday. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. When City Council ends the Oakland COVID-19 State of Emergency. 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. I Cant Pay Rent Right Now How Does the Moratorium Work for Me? You will still owe that rent in the future, but you Certain evictions will be allowed to resume in May. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . Tenants will not owe back rent for what went unpaid in the time since the eviction moratorium first took effect in March 2020, as long as they can demonstrate financial losses due to COVID. Photo by Anders Holm-Jensen on Unsplash. If you cannot pay rent pass a law that says otherwise. If none of those are an option for you, you could have a friend or coworker testify in court. Alameda County COVID-19 Eviction Moratorium . You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. 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. This time period will allow for outreach, education, and referral to services to support tenants and property owners with the changes in law.
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