The evictions moratorium says that if your landlord gives you an eviction notice during the State of The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. After extensive lobbying by property owners, however, Bas and Kalb compromised on the earlier date. Sign up for NBC Bay Areas Housing Deconstructed newsletter. Ordinarily there are ways a landlord might be able to increase your rent above that amount like banking Gov. 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. 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. 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. Then the floodgates opened. Photo by Anders Holm-Jensen on Unsplash. Am I a small landlord? 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. 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. Two council members, Janani Ramachandran and Kevin Jenkins, had previously said adding that language would duplicate existing laws. Non-legal Tenant Support: Causa Justa Just Cause - Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in. You could use pay stubs, a 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. Some landlords in Oakland are organizing to express their opposition to the proposed ordinance, instead calling for an immediate end to the moratorium. Your donation makes this and all our other local reporting possible. You have the right to say that you are not comfortable giving out that information. Unfortunately, no individual city can 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.". 2) Protection Against Future Evictions for Nonpayment of Rent East Bay Community Law Center - (510) 548-4040, ext. His order changed some procedural court guidelines in some Magazine Articles. Causing substantial damage to the premises 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.. Williams is also named as a plaintiff in a 2022 lawsuit against the city of Oakland and Alameda County over eviction moratoriums. The landlord group failed to show that the ordinances were an unreasonable response to a legitimate public problem, Beeler wrote. If your landlord filed an eviction lawsuit against you during the 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted by the COVID-19 crisis from being evicted because they were unable to pay rent during the emergency period. 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. By The Registry Staff. It also prohibits charging late fees associated with the back rent. Tenants still owe past rent, but landlords cannot ever lawfully evict them for not paying. There is no special exception for single family homes. The moratorium protects you in two ways. The only exception is if your landlord Great value at $10k to $30k per unit. Williams said he lives in the same West Oakland property where he also has a tenant. When City Council ends the Oakland COVID-19 State of Emergency. Some types of proof include pay stubs, a letter from your current or former employer, a letter from your childs school, or medical records. But tenants cannot lose their housing for nonpayment during the State of Emergency. It passed Council by a unanimous vote. Tenants-rights advocates to rally in support of Sept. 1 phase-out of moratorium. cannot lose your housing. emergency period, it is also invalid. Oakland Tenants Union (510) 704-5276 (tenant counseling), Mailing: P.O. the ordinance prohibits your eviction and there are no exceptions. Legal Assistance for Seniors (510) 832-3040 The City Council will consider the proposal on April 18, 2023 at 4pm. 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. This time period will allow for outreach, education, and referral to services to support tenants and property owners with the changes in law. The ordinance also seeks to make several changes to strengthen Oakland's existing just cause eviction protections. Ordinarily there are ways a landlord might be able to increase your rent above that amount - like banking prior increases or capital improvements. does not extend the time for any tenant to pay rent or make them more likely to win an eviction case. 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 . Earlier in the day, Alameda County awarded a new grant to the nonprofit Centro Legal de la Raza, which primarily offers legal services including assistance with housing disputes to undocumented residents. If your landlord gave you an eviction notice prior to the State of 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.. And they criticized the council for being influenced by landlords to scrap the substantial damage clause. 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. 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. For example, if you live in a single family home. After outcry by landlords, City Council president announces discussion next month. 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. It has to be renewed by City Council every 30 days. Landlords were able once again to move forward with new or pending lawsuits . We encourage you not to sign any legal documents without fully understanding what you are agreeing to. because of COVID-19, you will win the eviction lawsuit. Will you support us today? This amended proposal addresses concerns weve heard, and I hope my council colleagues will support it. Official Website for the City of Oakland | Mayor Sheng Thao. 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. 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.. evidence or get into facts of the case. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! issue an eviction moratorium. 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 . housing for homeless people. All rights reserved, Oakland's Community & Economic Development Committee. He previously reported in Contra Costa County and before joining the Bay Area News Group he worked in Eureka and Santa Barbara. For folks who are saying that this is slavery, shame on you. This material may not be published, broadcast, rewritten, or redistributed. Now 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: Existing rent increase moratorium is a 3% cap with no pass . ICYMI: Oakland City Council votes 7-1 on end-date for eviction moratorium. It includes the Alliance of Californians for Community Empowerment (ACCE), Centro Legal de la Raza (510) 437-1554 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. If you are unable to pay rent If none of The Oakland Moratorium is currently one of the only real moratoriums on evictions in the state of California. San Francisco approved a similar plan in March to wind down its eviction moratorium. be renewed. Copyright 2023 NBCUniversal Media, LLC. The Oakland Moratorium was authored by Councilmember Nikki Fortunato Bas and co-authored by Councilmember Dan Kalb and Oakland City Attorney Barbara Parker. The law suggests some types of proof, but it doesnt limit you to those options. If your tenancy is covered by Oaklands rent control ordinance, then during the emergency period your landlord cannot give you a rent increase of more than Oaklands yearly CPI increase. 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.. If you value what you get from The Oaklandside, please join us with a tax-deductible donation today so we can continue doing the local reporting that matters to you. 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. 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.. 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.
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