(The governor can do that, but he hasn't.). Berkeley to spend quarter-million for first 24-hour public bathroom. Simon-Weisberg said she and other tenant advocates have been urging some council members to add stronger protections against frivolous evictions, but the council did not ultimately include the stronger language. The City of Oakland Police Station at 455 7th Street in Oakland, Calif. on Wednesday, March 3, 2021. then the moratorium does not apply to your tenancy. How dare you, Fife, who is Black, had said. Refusing to sign a new lease with materially similar terms Causa Justa Just Cause Tenant Hotline: (510) TENANTS (836-2687) (general advice for tenants in (Keith Burbank/Bay City News). There is no special exception for single family homes. 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. The current eviction moratorium will continue until July 14, 2023 and end on July 15, 2023. 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. "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. Limits certain rent increases during the State of Emergency. 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.. Bay Area Legal Aid - (510) 250-5257. How will courts rebuke of Berkeleys natural-gas ban affect the national movement it began? 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 . The moratorium applies to all tenants in the City of Oakland who are covered by Oakland's Just Cause for Eviction Ordinance. More than 100 people spoke during public comment. Abrupt closure of S.F. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. 10 years) OR However, he maintains that putting people out on the street making people homeless doesnt get [the landlords'] money back at all.". 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. No. . Am I a small landlord? Gov. 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. The law suggests some types of proof, but it doesnt limit you to those options. If your landlord gave you an eviction notice prior to the State of Those exceptions include cases where a renter is threatening someone's safety, or if the owner plans to take the building off the . Did Governor Newsom Pass an Eviction Moratorium in California? Updated: Apr 26, 2023 / 05:08 AM PDT. Proposed Phase Out of Moratorium. 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. After July 1, 2024, only the 3% cap will continue. The only exception is if your landlord The ordinance will have its second reading for final passage on May 2, 2023. Tuesday, Oakland's Community & Economic Development Committee will discuss a proposed ordinance brought forward by council President Nikki Fortunato Bas and council President Pro Tem Dan Kalb that would set up a gradual timeline for ending the city's eviction moratorium. The City Council will consider the proposal on April 18, 2023 at 4pm. We're in the middle of our spring fundraising drive, and every dollar you give directly supports the journalism you rely on. If you are unable to pay 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. Alameda County COVID-19 Eviction Moratorium . 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. control ordinance, then during the emergency period your landlord cannot give you a rent increase of more Alameda County will end its eviction moratorium at the end of April. Currently, that amount is 3.5%. The legislation states that a landlord can evict a tenant for breach of their lease. 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. 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. Property owners hold signs stating how much they are owed in rent at a rally held by in front of Oakland City Hall. The evictions moratorium says that if your landlord gives you an eviction notice during the State of 2) Even after the State of Emergency ends, it protects Oakland tenants financially impacted . Asian Pacific Islander Legal Outreach - (510) 251-2846. 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. valid reason, you still have to respond in order to protect your rights. The city of Oakland's eviction moratorium is not scheduled to expire yet, though this proposed ordinance would change that. 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 . Bas and Kalb have been working on the legislation for months. Tenants living in a building constructed in or after 1996. It has to be renewed by City Council every 30 days. ADVISORY NOTICE: On April 18, 2023, City Council passed legislation to sunset the COVID-19 Eviction Moratorium, as well as to add new permanent tenant protections. How Long Does the Eviction Moratorium Last? and co-sponsored by Oakland City Attorney Barbara Parker. Weve sacrificed majorly, one property owner said. Still, tenants at the Oakland meeting said they needed a softer landing after a financially volatile pandemic. against being evicted for failure to pay rent. 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. Sarah Ravani covers Oakland and the East Bay at The San Francisco Chronicle. 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.. Copyright 2023 NBCUniversal Media, LLC. She has provided coverage on wildfires, mass shootings, the fatal shooting of police officers and massive floods in the North Bay. 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. If at that time you prove that you couldnt pay rent because of COVID-19, you will win the eviction lawsuit. For example, if 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. Signs posted by landlord George Wu who is attending an Alameda County Board of Supervisors meeting, began a hunger . Tenants still owe past rent, but landlords cannot ever lawfully evict them for not paying. This material may not be published, broadcast, rewritten, or redistributed. Protect Oakland Renters is a group of community organizations that advocated, organized, and lobbied for the Oakland Moratorium. Oaklands City Council voted 7-1 to removeCOVID-related eviction protections starting in July. Ideally your landlord will not file a lawsuit they cant win. Edwards said he sympathizes with the financial burden small landlords have faced during the pandemic. Just before . If you do, you can easily win the lawsuit without having to produce Gives you an eviction notice during the State of Emergency. 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). 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. Landlords spoke about renters who refused to pay rent and said they were struggling to pay property taxes. 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. 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. prior increases or capital improvements. Copyright 2023 NBCUniversal Media, LLC. The Oakland Moratorium is currently the only real moratorium on evictions in the state of California. Oakland COVID-19 Evictions Moratorium FAQ. If approved, the proposed ordinance would phase out the eviction moratorium, allowing certain evictions to resume from May through the end of August, then ending the eviction moratorium on Sept. 1. The five-county region saw more than 6,300 eviction filings between July 2021 and June 2022, a spike that started when many eviction bans started to expire in September 2021. 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. His order changed some procedural court guidelines in some eviction cases if tenants take affirmative steps now and provide information to their landlords.
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