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. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. The law also protects against many future evictions for nonpayment of rent. you are protected from being evicted in the future for failure to pay that rent. Why Doesn't the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? All rights reserved, Oakland's Community & Economic Development Committee. 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. Emergency, that notice is legally invalid. 629 The law suggests some types of proof, but it doesnt limit you to those options. I deeply regret any individual who took my words and misunderstood my heart, the councilmember said. if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. Certain evictions will be allowed to resume in May. late fees, as well. 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. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. Berkeley extended its moratorium until the end of August. Legal Assistance for Seniors (510) 832-3040 Bas and Kalb have been working on the legislation for months. The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. All rights reserved. The only exception is if your landlord 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. Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but This moratorium disallows those types of increases. And second, even after the State of Emergency It 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. 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. Opinion: How could the As ungrateful owner do this to us? because of it. I applaud the leadership of Council President Bas and Councilmember Kalb. When City Council ends the Oakland COVID-19 State of Emergency. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? 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. After outcry by landlords, City Council president announces discussion next month. Alameda County will end its eviction moratorium at the end of April. 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. Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. The ordinance will have its second reading for final passage on May 2, 2023. After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. If you are unable to pay rent Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. Get Morning Report and other email newsletters. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. Sign up for The Oaklandsides free daily newsletter. 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 . 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. Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. you later on, you can present that proof in court. If you do, you can easily win the lawsuit under this Moratorium. View more videos and watch CBS News, a live news stream featuring original CBS News reporting. When City Council ends the Oakland COVID-19 State of Emergency. This article was posted on Monday, May 01, 2023. All Access Digital offer for just 99 cents! 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 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. The federal eviction moratorium was in place until August 2021, and the state's eviction protections ended in June 2022. 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. Who Does the Oakland Moratorium Apply to? 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. Legal Assistance for Seniors - (510) 832-3040. Reach out You will still owe that money, but you cant be displaced from your home Legal Q & A -. 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? This mean all tenants, unless one of the following applies to you : Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. Williams said his tenant's nonpayment has placed a significant financial strain on him. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever 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. At Tuesdays meeting, Fife walked back her phrasing but continued to criticize property owners for conflating lost rental revenue with over 400 years of state-sanctioned violence. She received broad support from tenants and some landlords alike who joined in condemning the rhetoric. Official Website for the City of Oakland | Mayor Sheng Thao. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. Oakland had been one of the last cities in the Bay Area along with San Francisco, Berkeley and San Leandro to keep its eviction moratorium in place, months after California brought its COVID-19 state of emergency to an end. "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. As long as you do not fall into one of the exceptions above, the moratorium covers you. During the unprecedented global pandemic, our eviction moratorium met its goal of keeping people housed and preventing homelessness for many Oaklanders. The protections, established in 2020 to shield tenants from the economic repercussions of the COVID-19 pandemic, ended after . We amplify community voices, share the power of real information, and investigate systems, not just symptoms. issue an eviction moratorium. The moratorium applies to all tenants in the City of Oakland who are covered by Oakland's Just Cause for Eviction Ordinance. 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. It took city officials weeks to fine-tune the new ordinances details amid contentious debate as well as numerous demonstrations between East Bay landlords and the citys renters. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. 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 . Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Legal Help: Centro Legal de la Raza - (510) 437-1554. 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. Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. Will you support us today? However, you may wish to send 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. This proposal will continue the current eviction moratorium until July 14, 2023 and end it on July 15, 2023. 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? (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. 10 years) OR The current eviction moratorium will continue until July 14, 2023 and end on July 15, 2023. 3) It limits certain rent increases during the State of Emergency. out yet), that notice is also legally invalid. 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. Ideally your landlord will not file a lawsuit they cant win. Am I a despicable, horrible corporate being? 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. Like many cities, Oakland has had an eviction moratorium in place since . This spring, Le Creuset has introduced an exciting new shade thats already selling fast: shallot, a soft lavender with pink and slight gray undertones. 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.". Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. The building you live in was constructed in 1996 or later is the city's financial engine and it is sputtering. then the moratorium does not apply to your tenancy. 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. Watch "evictions protest Oakland landlords moratorium", a video on CBSNews.com. The blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. 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. 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. 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.. Files an eviction lawsuit against you during the State of Emergency. English & Spanish); (510) 763-5877 (main number, tenant organizing) Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. This allows people to get evicted for not covering 75% of their floors with carpets I had that in my lease, said William Wilcox, an Oakland resident who works in affordable-housing services. "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 city leaders on Tuesday are expected to vote on a proposed phase-out process for the city's eviction moratorium that has been a highly contentious issue for renters and landlords. evidence or get into facts of the case. Disturbing quiet enjoyment the ordinance prohibits your eviction and there are no exceptions. Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. 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. Limits certain rent increases during the State of Emergency. Learn more. The proposal, introduced by Council President Nikki Fortunato Bas and Council Member Dan Kalb, who is running for state Senate, is an amended version of a proposal they introduced in March. You should also collect and keep Big shift in weather is headed to California. Create your own unique website with customizable templates. In recent weeks, political drama around the eviction ban engulfed Councilmember Carroll Fife, who at a previous meeting rebuked several landlords for suggesting they had effectively become slaves to their tenants because of the moratorium. eviction cases if tenants take affirmative steps now and provide information to their landlords. your tenancy. 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. 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. 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. Oakland to Phase Out COVID-19 Related Eviction Moratoriums. The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. Did Governor Newsom Pass an Eviction Moratorium in California? But three years later, Councilmember Dan Kalb says the city is in a different place. You may want to ask your landlord if you can pay a reduced East Bay Community Law Center - (510) 548-4040, ext. 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 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 . ACCE is a nonprofit tenant rights organization that works with renters across California, including in Oakland. housing for homeless people. 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. Moms 4 Housing plans to do the same. There are also extra protections for nonpayment evictions in the future. For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 . 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. As in past meetings, landlords showed up in large numbers to detail financial hardships caused by the three-year moratorium. 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. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. The only two exceptions to the blanket moratorium are Both ACCE and In It Together Oakland plan to hold separate news conferences Tuesday ahead of the committee meeting. 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. But tenants cannot lose their housing for nonpayment during the State of Emergency. You are not legally required to notify your landlord that COVID-19 impacts your ability to pay. However, you cannot lose your housing. 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. For folks who are saying that this is slavery, shame on you. Your donation goes beyond supporting our journalism. The future protection for tenants related to nonpayment of rent does not expire. I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? 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. Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . When City Council ends the Oakland COVID-19 State of Emergency. (View legislation here and presentation here. There is no special exception for single family homes. After July 1, 2024, only the 3% cap will continue. The evictions moratorium says that if your landlord gives you an eviction notice during the State of Emergency, that notice is legally invalid. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . 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. 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. 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. No individual city can pass a law that says otherwise. 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. pass a law that says otherwise. 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. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. Heres now for almost any reason including failure to pay rent. The City Council encourages tenants and property owners to seek assistance from the Rent Adjustment Program, and property owners to access the California Mortgage Relief Program if they qualify. 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. (BCN) Oaklands City Council has voted to phase out the citys pandemic-related moratorium on evictions and rent increases over the next 15 months. This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. Files an eviction lawsuit against you using an eviction notice that expires during the State of Emergency. an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every Owner move-in 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. "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. She shares the beliefs many landlords do -- that theyre being taken advantage of. 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 last three years of the pandemic have been unprecedented. 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. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. Sign up for NBC Bay Areas Housing Deconstructed newsletter. However, he maintains that putting people out on the street making people homeless doesnt get [the landlords'] money back at all.". East Bay Community Law Center (510) 548-4040, ext. The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. If none of those are an option for you, you could have a friend or coworker testify in court. Official Website for the City of Oakland | Mayor Sheng Thao, OAKLAND, CA Late last night, Oakland City Council passed legislation to sunset the COVID-19 eviction moratorium in a responsible manner, as well as add new permanent tenant protections. You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. You could use pay stubs, a Here are five key structures that need to bounce back to help the city recover. 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. because of COVID-19, you will win the eviction lawsuit. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. CBS News Bay Area: Free 24/7 . 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis May 1, 2023. 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. Like many cities, Oakland has had an eviction moratorium in place since the start of the pandemic in March 2020. Downtown S.F. 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.. needs these 5 sites to thrive so the city can recover. 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 . The moratorium protects you in two ways. 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. But I want it to be respected, because our pain should be not so cheap; our trauma and history should not be so cheap.. How Does the Moratorium Stop Future Evictions for Nonpayment of Rent? What Types of Evictions Does the Moratorium Cover? 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. Just Listed: Developement sites in Hayward that can be entitled for up to 66 Townhomes or 182 Apartments. 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. Who Does the Oakland Moratorium Apply to? A majority of Oakland residents are renters. "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.". 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. Legal Help: Then the floodgates opened. 600 more apartments at Brooklyn Basin? If none of those are an option for you, you could have a friend or coworker testify in court. Sign up for NBC Bay Areas Housing Deconstructed newsletter. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. "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. (View legislation here.) You live in the same unit as your landlord (you share a bathroom or kitchen) also prohibits charging late fees associated with the back rent. 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. the Oakland Moratorium. It passed Council by a unanimous vote. 1) A Ban on Almost All Evictions cannot lose your housing. NBA playoffs: When will the Warriors-Lakers series start? How dare you? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! Los Angeles County's If you do not provide documentation or are being evicted for any reason besides nonpayment of rent, there are three exceptions to the eviction ordinance: . 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. Unfortunately, no individual city can 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.
The Texture Of This Excerpt Is Baroque,
Wayne Massey Obituary,
Gun Safe Shelf Clips,
Kylie Jenner Holmby Hills House Zillow,
Articles O
