Who Does the Oakland Moratorium Apply to? 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. Beeler disagreed that the city and county are taking landlords property, writing in her 40-page order that the moratoriums are temporarydo not absolve renters of their obligation to pay rent, and include exceptions allowing the landlords to leave the rental business.. Some people have since objected to her comments, saying her use of the word yellow was offensive. 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. As long as you do not fall into one of the exceptions above, the moratorium covers you. The last three years of the pandemic have been unprecedented. Did Governor Newsom Pass an Eviction Moratorium in California? We amplify community voices, share information resources, and investigate systems, not just symptoms. I deeply regret any individual who took my words and misunderstood my heart, the councilmember said. Williams said his tenant's nonpayment has placed a significant financial strain on him. prior increases or capital improvements. Downtown S.F. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. Alameda County and Oakland eviction bans now are among the stiffest local renter protections remaining in the state. How renters will be protected when Oaklands, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), How renters will be protected when Oaklands eviction ban ends in July. 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If you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . because of COVID-19, you will win the eviction lawsuit. Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: 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. 3) It limits certain rent increases during the State of Emergency. Tenants living in a health facility, nonprofit substance abuse treatment facility, or certain short-term housing for homeless people. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. Did Governor Newsom Pass an Eviction Moratorium in California? What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? We think the order is functionally useless, and it is certainly not a moratorium. 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. The only exception is if your landlord petitions the Oakland Rent Board for a fair return.. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. 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 top 10 most expensive home sales in Oakland, reported the week of April 24, Single-family house sells for $1.7 million in Fremont, Single family residence sells for $3.3 million in Palo Alto, California consumers struggling? 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. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. Were journalists for Oakland. 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. during the State of Emergency, and it is because of COVID-19 or some situation caused by COVID-19, This material may not be published, broadcast, rewritten, or redistributed. If you want to plan the perfect spring picnic, food and drink are important, but its certainly not the only factor to consider. Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. I applaud the leadership of Council President Bas and Councilmember Kalb. 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. some kind of notification to your landlord about your rent payments. During the meeting, Council Member Carroll Fife addressed comments she made at an April 11 committee meeting where she criticized landlords who compared their experiences as property owners to slavery. Find him taking walks around town; he is always looking for story tips. 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.. You have the right to say that you are not comfortable giving out that information. The law suggests some types of proof, but it doesnt limit you to those options. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but Whether or not you pay rent right now is a personal matter that depends on what choices and resources 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. your tenancy. Question 1: I am still confused about the eviction moratoriums in Oakland and Alameda County. Alameda County will end its eviction moratorium at the end of April. The blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. than Oaklands yearly CPI increase. Bay Area Legal Aid - (510) 250-5257. View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Andrew Zacks, a lawyer for the property owners, told The Oaklandside that plaintiffs respectfully disagree with Judge Beelers conclusions and intend to pursue all available appellate remedies., In a statement, Parker said the city is extremely pleased that the court validated the right of cities and counties to enact an eviction moratorium under California law and squarely rejected the plaintiffs claims that Oaklands ordinance, as written, violates their constitutional rights in light of the COVID-19 global pandemic that has tragically taken the lives of more than one million of our fellow Americans to date.. The blanket moratorium applies if you are being evicted for any of these reasons: The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? The eviction is because the tenant is an imminent health or safety risk to other occupants. What Types of Evictions Does the Moratorium Cover? The blanket moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket moratorium are. Heres 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. How can We Limit Rent Increases For Everyone? There are also extra protections for nonpayment evictions in the future. You should also collect and keep Currently, that amount is 3.5%. letter from your current or former employer, a letter from your childs school, or medical records. English & Spanish); (510) 763-5877 (main number, tenant organizing) 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. How we transition out of a moratorium that prevented thousands of tenants from becoming homeless will determine whether Oakland can prevent another housing crisis. 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. For example, if Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. you are protected from being evicted in the future for failure to pay that rent. 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. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. Repeal the Costa-Hawkins Rental Housing Act. NBA playoffs: When will the Warriors-Lakers series start? Landlords were able once again to move forward with new or pending lawsuits . 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 inEnglish & 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). Changing course from a slow phase out over several months to a hard end date stunned and disappointed tenant advocates, who worry that come mid-July, renters unable to pay their bills will be out on the streets in record numbers. You live in the same unit as your landlord (you share a bathroom or kitchen) an overview of what it does: 1) It protects Oakland tenants from being evicted during the Oakland State of Emergency for nearly every . I Cant Pay Rent Right Now - How Does the Moratorium Work for Me? After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. 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. The lawsuit was filed in March by five local, small landlords, along with the nonprofit Housing Providers of America, which was incorporated early this year by prominent local developer John Protopappas. those are an option for you, you could have a friend or coworker testify in court. Centro Legal de la Raza (510) 437-1554 What is the Oakland Evictions Moratorium? You may want to ask your landlord if you can pay a reduced you later on, you can present that proof in court. Why Doesnt the Moratorium Just Stop Eviction Lawsuits? It includes the Alliance of Californians for Community Empowerment (ACCE), Refusing to sign a new lease with materially similar terms Did Governor Newsom Pass an Eviction Moratorium in California? 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted . East Bay Community Law Center - (510) 548-4040, ext. Am I a small landlord? Sign up for NBC Bay Areas Housing Deconstructed newsletter. 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. Thank you for supporting The Oaklandside and being a part of our community. 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. 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. Owner move-in 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. Oakland and Alameda County had the authority under state law to pass local eviction moratorium ordinances that went further than California's statewide tenant protections, she said. The order If your landlord filed an eviction lawsuit against you during the ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. You are protected from any March 9 and currently ends on April 8. What am I? Some local moratoria remained, but many of those have expired or are expiring soon. Official Website for the City of Oakland | Mayor Sheng Thao. "Im feeling cautiously optimistic, said Kijani Edwards, the director of ACCE's Oakland office. (Keith Burbank/Bay City News). If I Live in a Single Family Home, Does the Moratorium Apply to Me? 4) It also protects small businesses and nonprofits who were financially impacted by the COVID-19 crisis 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. On March 27, he issued an order on evictions that we think is deeply unhelpful to tenants. 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. Non-legal Tenant Support: Causa Justa Just Cause - Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in. This mean all tenants, unless one of the following applies to you : Oakland will consider winding down over the next year an eviction . You could use pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. 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. Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive..
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