oakland eviction moratorium exceptions

that we think is deeply unhelpful to tenants. out yet), that notice is also legally invalid. 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. The ordinance also seeks to make several changes to strengthen Oakland's existing just cause eviction protections. What Does the Moratorium Do About Rent Increases? For evictions based on non-payment of rent that accrued between March 9, 2020 and July 14, 2023, tenant will have a defense if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic. (View legislation here.) an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every His order changed some procedural court guidelines in some 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 . Sign up for NBC Bay Areas Housing Deconstructed newsletter. You will still owe that rent in the future, but you cant be evicted for failing to pay it. As long as you do not fall into one of the exceptions above, the moratorium covers you. If none of those are an option for you, you could have a friend or coworker testify in court. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. against being evicted for failure to pay rent. Bay Area Legal Aid - (510) 250-5257. Disturbing quiet enjoyment Some local moratoria remained, but many of those have expired or are expiring soon. You are protected from any late fees, as well. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. Official Website for the City of Oakland | Mayor Sheng Thao. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. Breach of lease (noncompliance with the terms of the lease) Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for Currently, that amount is 3.5%. 1) A Ban on Almost All Evictions Your donation goes beyond supporting our journalism. If you do, you can easily win the lawsuit without having to produce Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. The strongest protections possible are needed. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Two council members, Janani Ramachandran and Kevin Jenkins, had previously said adding that language would duplicate existing laws. This protection applies even. 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.". It has to be renewed by City Council every 30 days. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? 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. Ordinarily, a landlord might be able to increase your rent for more than the CPI by banking prior increases or capital improvements. Opinion: How could the As ungrateful owner do this to us? 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. For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 . Tenants living in a building constructed in or after 1996. Create your own unique website with customizable templates. When City Council ends the Oakland COVID-19 State of Emergency. 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. When City Council ends the Oakland COVID-19 State of Emergency. (Oakland residents only) 510-251-2846 FOR HOMEOWNERS East Bay Community Law Center (510) 548-4040, ext. The ordinance will have its second reading for final passage on May 2, 2023. 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. Did Governor Newsom Pass an Eviction Moratorium in California? East Bay Community Law Center - (510) 548-4040, ext. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. The evictions moratorium says that if your landlord gives you an eviction notice during the State of Alameda County will end its eviction moratorium at the end of April. Another resident said, Our lives should be worth more than somebody elses profit., Bas said in a statement that Tuesdays legislation allows 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.. 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. They urged the council to end the moratorium sooner than July. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! Asian Pacific Islander Legal Outreach - (510) 251-2846. "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. The vote came after landlords stormed a recent council meeting demanding an end to the moratorium. Were journalists for Oakland. This S.F. Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. . What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? 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. amount of rent during the crisis if you still have some income. The moratorium protects you in two ways. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted . than Oaklands yearly CPI increase. 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? Who Does the Oakland Moratorium Apply to? He is CEO of Madison Park, which owns numerous rental buildings in Oakland and elsewhere. eviction cases if tenants take affirmative steps now and provide information to their landlords. 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. Both the city and county ordinances require tenants to continue paying rent but prohibit landlords from kicking them out if they miss payments. Copyright 2023 Nexstar Media Inc. All rights reserved. Im proud of our City Council for taking this important step to gradually end the moratorium in a way that provides a transition time for tenants and property owners to work together on addressing outstanding rental payment," said Oakland City Councilmember Dan Kalb, one of the authors of the original eviction moratorium. Tenants Union, the East Bay Community Law Center, and East Bay Housing Organizations (EBHO). You will still owe that rent in the future, but you However, you may wish to send some kind of notification to your landlord about your rent payments. services were overwhelmed, among other pandemic impacts . 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. does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. 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. If your landlord filed an eviction lawsuit against you during the You will still owe that money, but you cant be displaced from your home because of it. 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the Under state law, if your landlord files an eviction lawsuit against you, even if the lawsuit is not for a legally Unfortunately, no individual city can pass a law that says otherwise. 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. It 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. Judge Laurel Beelers order, issued Tuesday evening, is a significant step in a lawsuit filed by a group of rental property owners in March. Legal Assistance for Seniors (510) 832-3040 Find him taking walks around town; he is always looking for story tips. This moratorium disallows those types of increases. May 1, 2023. those are an option for you, you could have a friend or coworker testify in court. Then the floodgates opened. Community Economic Justice Clinic Services, EBCLCs Tenant Opportunity to Purchase Act (TOPA), Consumer Justice & General Clinic Services, Education Defense & Justice for Youth Services, Student-Initiated Legal Services Projects. 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis The future protection for tenants related to nonpayment of rent does not expire. The exception to this requirement is ground-up new construction units that received a Certificate of Occupancy within the past 10 years, on a rolling basis. Learn more. Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . At 11:59 p.m. on Saturday, April 29, Alameda County's eviction moratorium expired. 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). After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. 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. 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. The blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. Owner move-in Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: Who Does the Oakland Moratorium Apply to? Thank you. There is no special exception for single family homes. By The Registry Staff. There are also extra protections for nonpayment evictions in the future. cant be evicted for failing to pay it, even after the emergency period ends. Copyright 2023 NBCUniversal Media, LLC. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. Heres 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 to consider phasing out controversial eviction moratorium. What Does the Law Do About Rent Increases? 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. 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. What is the Oakland Evictions Moratorium? you later on, you can present that proof in court. The moratorium protects you in two ways. 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. Evictions could still occur if the tenant created a health or safety threat at the property or if the landlord was removing the unit from the rental market for at least 10 years. If I Live in a Single Family Home, Does the Moratorium Apply to Me? 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. 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? Breach of lease (noncompliance with the terms of the lease), Refusing to sign a new lease with materially similar terms, Causing substantial damage to the premises, Denying the landlord access to the unit if required by law, If you are being evicted under the Ellis Act (removing the whole property from the rental market for 10 years) OR. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. 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). 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). "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.". OAKLAND, Calif. (CN) Already a city with robust renter protections, Oakland extended an eviction moratorium until July to prevent thousands of people being evicted and banned rent hikes until July 2024. Your landlord can sue for the rent in other forums-- for example, in small claims court. However, you cannot lose your housing. 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.. The law also protects against many future evictions for nonpayment of rent. We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. 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. Tenants living in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people. if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. San Francisco approved a similar plan in March to wind down its eviction moratorium. Before the vote, Oakland City Council said that if the legislation passed for a July 15 moratorium end date, the city is committed to providing outreach and education for tenants and landlords to access resources and support over 75 days before the July deadline. Causing substantial damage to the premises Your landlord can sue for the rent in other forums for example, in small claims court. Did Governor Newsom Pass an Eviction Moratorium in California? Ideally your landlord will not file a lawsuit they cant win. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. Emergency that had not yet expired (for example, the notice was for 60 days, but the 60 days had not run You should also collect and keep You live in a health facility, nonprofit substance abuse treatment facility, or certain short-term There is no special exception for single family homes. 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 . The City Council will consider the proposal on April 18, 2023 at 4pm. 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. And landlords cant remove a tenant who owes less than a month of whats considered fair rent for an equivalent unit on the market. Many owners of rental property in Oakland have been anxiously awaiting her ruling, including several across the country whove gotten in touch with The Oaklandside.

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