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. What Does the Law Do About Rent Increases? 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. Legal Assistance for Seniors - (510) 832-3040. Los Angeles County's The last three years of the pandemic have been unprecedented. 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. Limits certain rent increases during the State of Emergency. But she said the legislation falls short of banning frivolous evictions, where tenants breach their lease with less serious offenses, for example, by placing plants on their porch when their lease states plants are prohibited. your tenancy. Unfortunately, no individual city can Whether or not you pay rent right now is a personal matter that depends on what choices and resources 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. Oakland to Phase Out COVID-19 Related Eviction Moratoriums. There is no special exception for single family homes. 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. March 9 and currently ends on April 8. "I am losing money, Ive lost value on the property, you know," Williams said, "Over the last year, nobody wants to buy a property with a tenant who doesnt pay.". Copyright 2023 NBCUniversal Media, LLC. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. 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. "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. Tenants living in the same unit as their landlord (sharing a bathroom or kitchen). I dont want to hear another white, yellow, whatever person talk about what my ancestors experienced being enslaved and making that akin to being a landlord never again., Fife drew backlash for using the word yellow in apparent reference to the numerous Asian property owners who have criticized the moratorium. More than 100 people spoke during public comment. We amplify community voices, share information resources, and investigate systems, not just symptoms. The order is a blow to landlords who sued Oakland and Alameda County this year, but the case is not over. It has to be renewed by City Council every 30 days. 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. 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. Heres The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Unfortunately, no individual city can pass a law that says otherwise. I Cant Pay Rent Right Now How Does the Moratorium Work for Me? Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. You will still owe that money, but you cant be displaced from your home Gavin Newsom has announced that Californias state of emergency will end on Feb. 28, 2023, which could influence the timeline of the local declarations. Williams said his tenant's nonpayment has placed a significant financial strain on him. Leah Simon-Weisberg, legal director for advocacy organization ACCE, which participated in the lawsuit, said the tenant group is relieved but not surprised by the order. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. 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. 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. 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. Create your own unique website with customizable templates. 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. This story was updated shortly after publication with a statement from City Attorney Barbara Parker. 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. If I Live in a Single Family Home, Does the Moratorium Apply to Me? The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Future protection never expires for tenants who cannot pay rent during the State of Emergency due to COVID-19. Alameda County's eviction moratorium is set to expire on April 29. Denying the landlord access to the unit if required by law This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. 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. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . This moratorium disallows those types of increases. (View legislation here and presentation here. Causing substantial damage to the premises We think the order is functionally useless, and it is certainly not a moratorium. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. issue an eviction moratorium. Reach Sarah Ravani: sravani@sfchronicle.com; Twitter: @SarRavani. The Alliance of Californians for Community Empowerment (ACCE) supports phasing out the moratorium and is hoping the proposed ordinance passes with no changes. The Oakland Moratorium was originally sponsored by Councilmembers Nikki Fortunato Bas and Dan Kalb As long as you do not fall into one of the exceptions above, the moratorium covers you. Photo by Anders Holm-Jensen on Unsplash. 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. (The governor can do that, but he hasn't.). May 1, 2023. You are protected from any late fees, as well. 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 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). (View legislation here.) Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . 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. Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. 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 . After July 1, 2024, only the 3% cap will continue. How we transition out of a moratorium that prevented thousands of tenants from becoming homeless will determine whether Oakland can prevent another housing crisis. 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. 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. 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 View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Legal Assistance for Seniors (510) 832-3040 You should also collect and keep East Bay Community Law Center (510) 548-4040, ext. If I Live in a Single Family Home, Does the Moratorium Apply to Me? And second, even after the State of Emergency Hannah Kirk, a self-described single mom who rents out part of her property in Oakland, described having no recourse to evict a problem tenant who refuses to pay rent. A landlord could sue for the rent in other forums for example, in small claims court. Ordinarily, a landlord might be able to increase your rent for more than the CPI by banking prior increases or capital improvements. "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. 2) Even after the State of Emergency ends, it protects Oakland tenants financially . 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. cant be evicted for failing to pay it, even after the emergency period ends. Ideally your landlord will not file a lawsuit they cant win. No. During the unprecedented global pandemic, our eviction moratorium met its goal of keeping people housed and preventing homelessness for many Oaklanders. 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. Downtown S.F. Shomik Mukherjee covers Oakland, with a focus on local politics, developments and activism. The order amount of rent during the crisis if you still have some income. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! 3) It limits certain rent increases during the State of Emergency. For folks who are saying that this is slavery, shame on you. Just before . 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. 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. Bay Area Legal Aid (510) 250-5257 In Oakland, in order to access those protections, you are not legally required to notify your landlord that 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. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. and co-sponsored by Oakland City Attorney Barbara Parker. "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 residents only) 510-251-2846 FOR HOMEOWNERS They urged the council to end the moratorium sooner than July. Who Does the Oakland Moratorium Apply to? Your donation makes this and all our other local reporting possible. Credit scores go flat, They said it: Nowhere for the water to go, Total dominance: Steph Curry breaks NBA Game 7 record, leads Warriors over Kings. The ordinance will have its second reading for final passage on May 2, 2023. 3) It limits certain rent increases during the State of Emergency. How Long Does the Eviction Moratorium Last? Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. Watch "evictions protest Oakland landlords moratorium", a video on CBSNews.com. Moms 4 Housing plans to do the same. accrued during the State of Emergency and it was because of COVID-19, your landlord cannot ever New Sunset of Eviction MoratoriumNow 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. The evictions moratorium says that if your landlord gives you an eviction notice during the State of Emergency, that notice is legally invalid. 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. letter from your current or former employer, a letter from your childs school, or medical records. Bay Area Legal Aid - (510) 250-5257. We encourage you not to sign any legal documents without fully understanding what you are agreeing to. The City Council will consider the proposal on April 18, 2023 at 4pm. 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. 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. during the State of Emergency, and it is because of COVID-19 or some situation caused by COVID-19, that we think is deeply unhelpful to tenants. Rates were lower in . He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. What is the Oakland Evictions Moratorium? Alameda County and Oakland eviction bans now are among the stiffest local renter protections remaining in the state. The future protection for tenants related to nonpayment of rent does not expire. Repeal the Costa-Hawkins Rental Housing Act. Am I a despicable, horrible corporate being? 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. I dont want to hear another white, yellow, whatever person talk about what my ancestors experienced about being enslaved and making that akin to being a landlord..
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