Watch "evictions protest Oakland landlords moratorium", a video on CBSNews.com. "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. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. "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.". It passed Council by a unanimous vote. 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. 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? issue an eviction moratorium. Gives you an eviction notice during the State of Emergency. For more information on our housing legal services please click here or call us at 510-548-4040. 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. 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. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. This mean all tenants, unless one of the following applies to you. Copyright 2023 Nexstar Media Inc. All rights reserved. Certain evictions will be allowed to resume in May. Just before . In Oakland, it's landlords who are unhappy with a plan to end eviction ban Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . How can We Limit Rent Increases For Everyone? 2) Even after the State of Emergency ends, it protects Oakland tenants financially . First, your landlord cant legally give you an eviction notice right 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. Alameda County COVID-19 Eviction Moratorium . CBS News Bay Area: Free 24/7 . However, you 3) It limits certain rent increases during the State of Emergency. It passed Council by a unanimous vote. However, you may wish to send some kind of notification to your landlord about your rent payments. Copyright 2023 NBCUniversal Media, LLC. View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . 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.. Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. The law limits rent increases for rent-controlled tenants. If none of those are an option for you, you could have a friend or coworker testify in court. If none of She shares the beliefs many landlords do -- that theyre being taken advantage of. You may want to ask your landlord if you can pay a reduced Denying the landlord access to the unit if required by law 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. I Cant Pay Rent Right Now How Does the Moratorium Work for Me? (And more updated answers about local moratoriums), Proudly powered by Newspack by Automattic. After outcry by landlords, City Council president announces discussion next month. What Does the Moratorium Do About Rent Increases? Which City Officials Supported the Oakland Evictions Moratorium? your tenancy. However, you cannot lose your housing. A key clause in the ordinance that would have strengthened Oakland's permanent just-cause eviction protections was not part of the approved policy. Will you support us today? ), Ive fought for housing as a human right and more affordable housing because neighborhoods in my district are experiencing intense displacement. It Proposed Phase Out of Moratorium. Currently, that amount is 3.5%. Oakland Evictions Moratorium FAQ - Asian Pacific Environmental Network 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. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. We expect it to The law also protects against many future evictions for nonpayment of rent. After more than four hours of discussion at its meeting Tuesday night, the council voted to wind down its restrictions on evictions and late fees for renters on July 15, 2023. It also prohibits charging late fees associated with the back rent. East Bay COVID eviction bans will stay for now, judge rules The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. (BCN) Oaklands City Council has voted to phase out the citys pandemic-related moratorium on evictions and rent increases over the next 15 months. housing for homeless people. The last three years of the pandemic have been unprecedented. If you are unable to pay rent Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. Landlords were able once again to move forward with new or pending lawsuits . you are protected from being evicted in the future for failure to pay that rent. The legislation states that a landlord can evict a tenant for breach of their lease. Over the course of the next 15 months, the Oakland City Council has decided to gradually eliminate the city's pandemic-related moratorium on evictions and rent increases. you are impacted by COVID-19 or provide them with proof right now. Keith Manson on LinkedIn: #cbreeastbaymultifamilyteam #mansonteam #cbre be renewed. 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 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. I applaud the leadership of Council President Bas and Councilmember Kalb. We think the order is functionally useless, and it is certainly not a moratorium. Whether or not you pay rent right now is a personal matter that depends on what choices and resources you and your family have available to you. Learn more. Existing rent increase moratorium is a 3% cap with no pass throughs or banking. Owner move-in Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. For example, if 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. You should also collect and keep All rights reserved, Oakland's Community & Economic Development Committee. Sign up for NBC Bay Areas Housing Deconstructed newsletter. emergency period, it is also invalid. pass a law that says otherwise. Asian Pacific Islander Legal Outreach (510) 251-2846, Non-legal Tenant Support: Landlords argue in court to end Oakland and Alameda County eviction 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 . 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. 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. 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. Having a small dog your landlord already knew about, having a party one time this allows unreasonable standards to evict people.. 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. Tenants living in a building constructed in or after 1996. Your landlord can sue for the rent in other forums-- for example, in small claims court. Alameda County's eviction moratorium is set to expire on April 29. 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). A majority of Oakland residents are renters. 3) It limits certain rent increases during the State of Emergency. if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. Great value at $10k to $30k per unit. That proposal would have ended the moratorium in phases but did not have majority support from council members. The City Council will consider the proposal on April 18, 2023 at 4pm. Like many cities, Oakland has had an eviction moratorium in place since . 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. His order changed some procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords. lawfully evict you for not paying. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. The evictions moratorium says that if your landlord gives you an eviction notice during the State of Emergency, that notice is legally invalid. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. Oakland, like other cities in the region, is under pressure to end someCOVID-era protections. The ordinance will have its second reading for final passage on May 2, 2023. ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. The current eviction moratorium will continue until July 14, 2023 and end on July 15, 2023. Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. The evictions moratorium says that if your landlord gives you an eviction notice during the State of If you cannot pay rent 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. Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. Oakland COVID eviction moratorium to end in July Eviction for substantial repairs. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. Under Oakland's moratorium, renters who are protected by the city's Just Cause for Eviction policywhich typically applies to all buildings constructed before 1996 can only be evicted in very rare cases. This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. If your landlord filed an eviction lawsuit against you during the emergency period, it is also invalid. 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. 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. Hailey, Williams and other landlords are joining together with a group called In It Together Oakland to oppose the proposed ordinance. 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