If none of those are an option for you, you could have a friend or coworker testify in court. now for almost any reason including failure to pay rent. Political chaos has erupted in this Peninsula city over one issue: Housing, Beneath Michelin-starred restaurants success, landlord dispute is boiling. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. We think the order is functionally useless, and it is certainly not a moratorium. A key clause in the ordinance that would have strengthened Oakland's permanent just-cause eviction protections was not part of the approved policy. Existing rent increase moratorium is a 3% cap with no pass throughs or banking. Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. The moratorium applies to all tenants in the City of Oakland who are covered by Oakland's Just Cause for Eviction Ordinance. Why Doesn't the Ordinance Stop a Landlord from Filing an Eviction Lawsuit? It passed Council by a unanimous vote. Oakland leaders are considering phasing out the city's COVID pandemic-related eviction moratorium after nearly three years. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? Am I a small landlord? Breach of lease (noncompliance with the terms of the lease) You live in the same unit as your landlord (you share a bathroom or kitchen) Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. You could use pay stubs, a issue an eviction moratorium. 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. 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. Who Can I Contact in Oakland for Help If My Landlord Is Still Trying to Evict Me? The law suggests some types of proof, but it doesnt limit you to those options. 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 . prior increases or capital improvements. I dont know if any of you have ever received an eviction notice, but until you do it is really hard to appreciate the sheer terror youll feel, a member of the Oakland Tenants Union said. Oakland City Council Approves July 15 End to COVID-19 Eviction Moratorium By NBC Bay Area staff Published April 18, 2023 Updated on April 19, 2023 at 6:29 am NBC Universal, Inc. 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. Sign up for NBC Bay Areas Housing Deconstructed newsletter. 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. 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. 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. Nonpayment of rent The Moratorium applies if you are being evicted for any of these reasons: The only two exceptions to the blanket Moratorium are: How Long Does the Eviction Moratorium Last? The only exception is if your landlord petitions the Oakland Rent Board for a fair return.. 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. In any of the above cases, if your landlord then files an eviction lawsuit against you, you still need to take steps to respond to the lawsuit in time. The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. You will still owe that rent in the future, but you cant be evicted for failing to pay it, even after the emergency period ends. 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. Gives you an eviction notice during the State of Emergency. 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. First, your landlord cant legally give you an eviction notice right now for almost any reason - including failure to pay rent. 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. Prevents evictions of tenants who failed to pay rent during the State of Emergency due to financial difficulties from COVID-19. 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. It also prohibits charging late fees associated with the back rent. All rights reserved. Tenants will not owe back rent for what went unpaid in the time since the eviction moratorium first took effect in March 2020, as long as they can demonstrate financial losses due to COVID. All Access Digital offer for just 99 cents! 10 years) OR 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 . Williams said his tenant's nonpayment has placed a significant financial strain on him. 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 last three years of the pandemic have been unprecedented. 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. It includes the Alliance of Californians for Community Empowerment (ACCE), The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. On 15 January 2022, the city's moratorium lifted. Oakland officials decided early Wednesday to end an eviction moratorium enacted during the COVID-19 pandemic amid increased pressure from landlords who say they're owed thousands of dollars . View more videos and watch CBS News, a live news stream featuring original CBS News reporting. Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22.300) . 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. If you cannot pay rent 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). What Types of Evictions Does the Moratorium Cover? Following a discussion lasting over four hours during its Tuesday night meeting, the council decided to gradually . In 2020, the Councilmembers 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 eviction is because the tenant is an imminent health or safety risk to other occupants. 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 . 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. Fifes supporters held signs that showed the impacts of lynching and other images of slavery. 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. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. 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. Bay Area Legal Aid - (510) 250-5257. Many speakers spoke in support of Bas and Kalbs legislation, which they said would wind down the moratorium in a safe way.. Legal Assistance for Seniors - (510) 832-3040. out yet), that notice is also legally invalid. The order does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. Landlords were able once again to move forward with new or pending lawsuits . 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Some people have since objected to her comments, saying her use of the word yellow was offensive. 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. Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by Attorney Richard Beckman. 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? I deeply regret any individual who took my words and misunderstood my heart, the councilmember said. Oakland to end COVID eviction moratorium amid pressure from landlords, Downtown S.F. If you do, you can easily win the lawsuit without having to produce evidence or get into facts of the case. The landlord lives in the unit with the tenant and shares a bathroom or kitchen; or, The tenant created an imminent health/safety threat at the property; or, The landlord is removing the unit(s) from the rental market for at least 10 years (Ellis Act), Unless there is a lease provision to the contrary, no late fees for unpaid rent, For rent-controlled properties, the landlord can raise the rent, but not above the cap of 3%, No pass-through increases or banking are allowed. 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. This legislation will keep Oakland families housed as we move up and out of the pandemic, said Leah Simon-Weisberg, Legal Director for ACCE Institute. Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. There are also extra protections for nonpayment evictions in the future. Downtown S.F. Heres Los Angeles County's 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. Meanwhile, Alameda County's eviction moratorium is set to expire at the end of April. (View legislation here.) And second, even after the State of Emergency ends, your landlord could try to evict you for not paying the rent accrued during the emergency period, but if you can show that you couldnt pay because of the COVID-19 crisis, you can win that lawsuit. The moratorium protects you in two ways. 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. Governor Newsom did not issue an eviction moratorium. Thank you for supporting The Oaklandside and being a part of our community. Tenants living in the same unit as their landlord (sharing a bathroom or kitchen). Ideally your landlord will not file a lawsuit they cant win. The City of Oakland Police Station at 455 7th Street in Oakland, Calif. on Wednesday, March 3, 2021. The timeline is as follows: Now through July 14, 2023 current eviction moratorium continues, July 15, 2023 eviction moratorium and late fee moratorium end, July 1, 2024 rent increase moratorium ends. "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. Legal Assistance for Seniors (510) 832-3040 BACKGROUNDCurrent Oakland Eviction Moratorium (in effect): Applies to all properties covered by the Oakland Just Cause for Eviction Ordinance, Measure EE. Unfortunately, no individual city can Copyright 2023 NBCUniversal Media, LLC. Opinion: How could the As ungrateful owner do this to us? Scott Budman reports. I wont say Im thrilled with all the modifications, but part of the legislative process is the art of compromise in a fair fashion, as long as you still have a good end product and I think we still do, Kalb said at Tuesdays meeting, where public comment lasted several hours. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. The Oaklandside relies on reader support to remain free for everyone in our community. "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.". The council adopted its restrictions on eviction in March 2020 in an effort to prevent homelessness, ensure residents could comply with the shelter-in-place orders in effect at that time and avoid punishing residents who lost income due to the pandemic. This allows people to get evicted for not covering 75% of their floors with carpets I had that in my lease, said William Wilcox, an Oakland resident who works in affordable-housing services. 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. ACCE is a nonprofit tenant rights organization that works with renters across California, including in Oakland. We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. Your landlord can sue for the rent in other forums-- for example, in small claims court. 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. 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. The blanket moratorium applies if you are being evicted for any of these reasons: Am I a despicable, horrible corporate being? Legal Q & A -. She joined The Chronicle in 2016 after graduating from Columbia University's Graduate School of Journalism. San Francisco approved a similar plan in March to wind down its eviction moratorium. you live in a single family home and your landlord lives there too then the moratorium does not apply to Landlords in Oakland had expressed their opposition to the proposal, instead calling for an immediate end to the moratorium. evidence or get into facts of the case. This moratorium disallows those types of increases. Ive always been pro-tenant, and I find myself in this weird position, Kirk said. you later on, you can present that proof in court. against being evicted for failure to pay rent. 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. What Types of Evictions Does the Moratorium Cover? If you do, you can easily win the lawsuit under this Moratorium. Denying the landlord access to the unit if required by law Who Does the Oakland Moratorium Apply to? After an eight-hour meeting, the Oakland City Council voted 7-1 at midnight Wednesday to approve a proposal that ends the moratorium on July 15 and also adopts new tenant protections. How dare you, Fife, who is Black, had said. late fees, as well. 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.". Proposed Phase Out of Moratorium. 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.