Who Does the Oakland Moratorium Apply to? You will still owe that money, but you cant be displaced from your home because of it. The law also protects against many future evictions for nonpayment of rent. control ordinance, then during the emergency period your landlord cannot give you a rent increase of more Get Morning Report and other email newsletters. 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 limited Bay Area eviction ban remains in place, but for how long? 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. While Hailey doesn't currently have tenants who are not paying rent, she said she is opposing the proposed ordinance to support other landlords she knows. Legal Help: Your donation goes beyond supporting our journalism. 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. 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. March 9 and currently ends on April 8. English & Spanish); (510) 763-5877 (main number, tenant organizing) The COVID-19 pandemic caused an unprecedented spike in unemployment and other economic disruptions that threatened to cause thousands of people to become homeless. California eviction moratorium expires, but local ordinances can keep 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. It includes the Alliance of Californians for Community Empowerment (ACCE), 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. pass a law that says otherwise. Gives you an eviction notice during the State of Emergency. "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. Just before midnight Tuesday, the city council voted 7-1 to sunset the pandemic-era policy, while adding permanent just cause protections to keep tenants from being evicted in droves this summer on flimsy pretenses. In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take 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 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. The law limits rent increases for rent-controlled tenants. 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 order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. Former mayoral candidate Seneca Scott, who has served as a spokesperson for the East Bay Rental Housing Association, called Fifes language divisive.. Like many cities, Oakland has had an eviction moratorium in place since the start of the pandemic in March 2020. Bay Area Legal Aid - (510) 250-5257. 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. Causa Justa Just Cause, Centro Legal de la Raza, Asian Pacific Environmental Network (APEN), Oakland The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. 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. your tenancy. 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. (View legislation here.) The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. What Kind of Proof Do I Need to Show That I Cant Pay Rent Because of COVID-19? Just Cause OrdinanceThese Permanent Tenant Protections will be added: For evictions based on non-payment of rent that accrued between March 9, 2020 and July 14, 2023, tenants will have a defense if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic. The moratorium protects you in two ways. Files an eviction lawsuit against you during the State of Emergency. "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. If approved by the Oakland City Council, the timeline would be as follows: BACKGROUND:Current Oakland Eviction Moratorium (in effect): Just Cause OrdinanceThese Permanent Tenant Protections would be added: Cinthya Muoz Ramos Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. The blanket ban on almost all evictions lasts as long as Oaklands State of Emergency. Beelers order is in response to a court hearing in late September, where lawyers for the landlord group sought summary judgment, asking the judge to declare the moratoriums unconstitutional without having to proceed to trial. 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. 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. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. What happens when Im forced to house someone against my will, in my home, for three years?, The property owners had the backing of Councilmember Noel Gallo, who cast the lone dissenting vote on the ordinance, saying we should find a way to work with the small landlord to make sure that theyre able to be compensated, maintain their property, be respected., What were doing today is going to discourage those that may have had an interest, who had an extra room, Gallo said, because they dont want to get into a situation that were (in) here today.. issue an eviction moratorium. The law does NOT require you to provide personal documents like bank statements, pay stubs, or medical records to your landlord at this time, or to give your landlord personal information about your situation, even if your landlord asks you for it. If none of Oakland City Council Approves July 15 End to COVID-19 Eviction Moratorium 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.. A landlord could sue for the rent in other forums for example, in small claims court. 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. This time period will allow for outreach, education, and referral to services to support tenants and property owners with the changes in law. Natalie Orenstein covers housing and homelessness for The Oaklandside. . The law also protects against many future evictions for nonpayment of rent. 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. By The Registry Staff. "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. Many property owners said they resented how tenants have painted them as money-hungry villains. If at that time you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. 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. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. However, you may wish to send The reporters and editors on The Oaklandside are dedicated to sharing the mic, reporting on systems, not symptoms, and providing you with the information you need to be an informed resident of our city. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . And they criticized the council for being influenced by landlords to scrap the substantial damage clause. Alameda County Eviction Moratorium Ends, But Not Lifted in All Cities The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case.
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