oakland eviction moratorium exceptions

After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. You may want to ask your landlord if you can pay a reduced 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. issue an eviction moratorium. 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. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. "We feel now is the appropriate time to phase out our eviction moratorium, while at the same time, we want to strengthen our ongoing and permanent eviction protections.". The Oaklandside relies on reader support to remain free for everyone in our community. East Bay Community Law Center (510) 548-4040, ext. If you are unable to pay rent You will still owe that rent in the future, but you cant be evicted for failing to pay it. A federal judge has denied an initial attempt by landlords to strike down Oakland and Alameda Countys eviction moratoriums, meaning the bans on removing tenants from their housing will remain in effect while a court case considering the policies constitutionality continues. San Francisco approved a similar plan in March to wind down its eviction moratorium. First, your landlord cant legally give you an eviction notice right Moms 4 Housing plans to do the same. Refusing to sign a new lease with materially similar terms Williams said his tenant's nonpayment has placed a significant financial strain on him. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. The legislation states that a landlord can evict a tenant for breach of their lease. 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. Legal Q & A -. Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. Will you support us today? Files an eviction lawsuit against you using an eviction notice that expires during the State of Emergency. 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. Scott Budman reports. Oakland COVID-19 Evictions Moratorium FAQ. It has to be renewed by City Council every 30 days. When City Council ends the Oakland COVID-19 State of Emergency. If approved, the proposed ordinance would phase out the eviction moratorium, allowing certain evictions to resume from May through the end of August, then ending the eviction moratorium on Sept. 1. If you do, you can easily win the lawsuit without having to produce Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. Your donation goes beyond supporting our journalism. He is CEO of Madison Park, which owns numerous rental buildings in Oakland and elsewhere. Your landlord can sue for the rent in other forums for example, in small claims court. 629. How can We Limit Rent Increases For Everyone? Copyright 2023 NBCUniversal Media, LLC. Asian Pacific Islander Legal Outreach - (510) 251-2846. The moratorium protects you in two ways. Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. The ordinance will have its second reading for final passage on May 2, 2023. 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. 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. What is Protect Oakland Renters? Alameda County Eviction Moratorium Ends, But Not Lifted in All Cities View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Judge allows Oakland eviction moratorium to stand, for now - MSN First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. But three years later, Councilmember Dan Kalb says the city is in a different place. Fife had said, For folks saying this is slavery, shame on you. Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. than Oaklands yearly CPI increase. How long has it been since May started off this cold in Bay Area? Those who still need help with rent will be directed to the citys rental assistance program, which council members on Tuesday said has not been fully utilized. evidence or get into facts of the case. be renewed. A key clause in the ordinance that would have strengthened Oakland's permanent just-cause eviction protections was not part of the approved policy. "Im feeling cautiously optimistic, said Kijani Edwards, the director of ACCE's Oakland office. ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. 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. There are also extra protections for nonpayment evictions in the future. This time period will allow for outreach, education, and referral to services to support tenants and property owners with the changes in law. 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. Emergency, that notice is legally invalid. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. Alameda County's Eviction Moratorium Ended Saturday. What's Next for You will still owe that rent in the future, but you Learn more. 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. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. For folks who are saying that this is slavery, shame on you. Did Governor Newsom Pass an Eviction Moratorium in California? 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). Currently, that amount is 3.5%. Repeal the Costa-Hawkins Rental Housing Act. Did Governor Newsom Pass an Eviction Moratorium in California? Oakland to Phase Out COVID-19 Related Eviction Moratoriums Oakland phases out pandemic-related eviction moratoriums The blanket moratorium applies if you are being evicted for any of these reasons: Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. The moratorium protects you in two ways. If your tenancy is covered by Oaklands rent control ordinance, then during the emergency period your landlord cannot give you a rent increase of more than Oaklands yearly CPI increase. This moratorium disallows those types of increases. If I Live in a Single Family Home, Does the Moratorium Apply to Me? 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. 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 . 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. 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. Official Website for the City of Oakland | Mayor Sheng Thao. This mean all tenants, unless one of the following applies to you. The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. and co-sponsored by Oakland City Attorney Barbara Parker. The landlords argue that the city and county COVID-19 eviction bans, in place since March 2020, constitute an illegal taking of private property by the government and violate state law. CBS News Bay Area: Free 24/7 . you and your family have available to you. valid reason, you still have to respond in order to protect your rights. She shares the beliefs many landlords do -- that theyre being taken advantage of. 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. proof that you were financially impacted by the COVID-19 crisis so that if your landlord ever tries to evict 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. (Keith Burbank/Bay City News). those are an option for you, you could have a friend or coworker testify in court. 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 . The only exception is if your landlord 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. Why Doesn't the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? 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. You are protected from any late fees, as well. Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? 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. A landlord could sue for the rent in other forums for example, in small claims court. The building you live in was constructed in 1996 or later Oakland's eviction ban ends in July. What's next for renters? A donation to The Oaklandside goes beyond the newsroom. Ideally your landlord will not file a lawsuit they cant win. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever 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. 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. Landlords were able once again to move forward with new or pending lawsuits . It includes the Alliance of Californians for Community Empowerment (ACCE), Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. How will courts rebuke of Berkeleys natural-gas ban affect the national movement it began? 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 future protection for tenants related to nonpayment of rent does not expire. Why Doesnt the Moratorium Just Stop Eviction Lawsuits? If you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. Who Does the Oakland Moratorium Apply to? 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.. East Bay Community Law Center - (510) 548-4040, ext. When City Council ends the Oakland COVID-19 State of Emergency. 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. 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. It also prohibits charging late fees associated with the back rent. 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 . "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.". Oakland city leaders late Tuesday night voted to end the city's eviction moratorium on July 15. Legal Help: Centro Legal de la Raza - (510) 437-1554. In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take the ordinance prohibits your eviction and there are no exceptions. 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. Council President Nikki Fortunato Bas and . Weve sacrificed majorly, one property owner said. We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. then the moratorium does not apply to your tenancy. Gives you an eviction notice during the State of Emergency. If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. 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. What Types of Evictions Does the Moratorium Cover? Great value at $10k to $30k per unit. "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. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. If your tenancy is covered by Oaklands rent Bas and Kalb have been working on the legislation for months. In Oakland, in order to access those protections, you are not legally required to notify your landlord that English & Spanish); (510) 763-5877 (main number, tenant organizing) 2) Even after the State of Emergency ends, it protects Oakland tenants financially . In March 2020, Councilmembers Bas and Kalb 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. On 15 January 2022, the city's moratorium lifted. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. Create your own unique website with customizable templates. 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. 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). 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. California eviction moratorium expires, but local ordinances can keep (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. housing for homeless people. 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis against being evicted for failure to pay rent. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! If none of those are an option for you, you could have a friend or coworker testify in court. 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 Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Just Listed: Developement sites in Hayward that can be entitled for up to 66 Townhomes or 182 Apartments. This proposal will continue the current eviction moratorium until July 14, 2023 and end it on July 15, 2023. Did Governor Newsom Pass an Eviction Moratorium in California? How can We Limit Rent Increases For Everyone? (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 . 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 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? 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. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the The last three years of the pandemic have been unprecedented. Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. 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 Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. A limited Bay Area eviction ban remains in place, but for how long? some kind of notification to your landlord about your rent payments. If your landlord filed an eviction lawsuit against you during the Am I a despicable, horrible corporate being? 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.

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