For instance, if you violated your lease by moving someone into your home without permission from your landlord, or destroyed property, or violated the lease in some other way, she said. Some Oakland officials have talked about beginning to phase out the moratorium soon, likely in small steps. Examples include increased health costs, added childcare or caring for a family member, or less work hours. Q: When must regular rent payments resume?A: Residential tenants need to resume their regular rent payments on October 1, 2021. Oakland and Alameda Countys eviction moratoriums are still in effect News about Californias eviction and rent relief programs has caused some confusion for local However, the Alameda County Temporary Eviction Moratorium expired September 2021. For their part, property owners say they plan to collect what theyre owed. The City recommends tenants give this notice whenever they can't pay the full rent, even if they haven't received a pay-or-quit notice. There are no stay-at-home orders, businesses are no longer closed. ACCE members rallied outside the courthouse before the hearing, talking about the challenges theyve faced during the crisis and with unsympathetic or abusive landlords. Q: When do residential tenants have to pay all back rent they owe?A: Under state law, starting May 1, 2022, tenants must start repaying unpaid back rent and they have until May 31, 2023 to repay all back rent. Madison Park came under fire earlier in the pandemic for issuing 150 eviction notices for non-payment while the moratorium was in place, though it was during a period of confusion around the requirements of the state law. x=ks]dJ J\vZ|DRQhC7PFT 4z;,n_gO7gX>o6no The way the moratorium is drafted, theres no end in sight.. After receiving funds, the tenant has 15 business days (excluding weekends and federal holidays) to pay the landlord. Q: What is"financialdistress" for residential tenants?A:This means loss of income or increased expenses due to COVID-19. WebHon. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 600 more apartments at Brooklyn Basin? It essentially bans all evictions, either for nonpayment Rents for September 1, 2020 - September 30, 2021: 75% of these months' total rent can be converted to "consumer debt" if you have given your landlord a "financial distress" declaration (see above), but you must pay at least the remaining 25% of that total by September 30, 2021. The policy was aimed at protecting tenants whose financial situation was affected by COVID and were at-risk of becoming unhoused. The protections were established by Alameda County in 2020 as a way to protect renters from the Without a lawsuit, this is not going to change, he told The Oaklandside. This also means that evictions for non-payment Landlords can again take tenants to court for failing to pay rent, although tenants with pending aid applications with the state can be protected through next month. Local Moratorium Expires 60 Days After the End of the Public Health Emergency Order, Alameda County Housing and Community Development, ALL IN Alameda County and Initiatives Have Transitioned into Alameda County Agencies, Alameda County Supervisor Dave Browns Biweekly Newsletter (October 11, 2022), Board of Supervisors Passes Resolution in Support of Reproductive Rights in Alameda County, Alameda County Supervisor Dave Browns Biweekly Newsletter (March 7, 2022), Alameda County Supervisor Dave Brownss Biweekly Newsletter (February 7, 2022). Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. In this 30 minute webinar we will provide an overview of Alameda Countys ongoing eviction moratorium that remains in effect and an update on CAAs lawsuit challenging the legality of the Countys law. The landlords in the suit describe loss of income and financial hardships because they have been unable to displace their tenants. Alameda County Housing and Community Development Department (HCD) seeks to create a pool of qualified consultants to perform special projects on an as needed basis. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 24 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Legal evictions may proceed starting on April 30, 2023 and tenants who do not pay rent from April 30th onward may be at risk of eviction. He said he tried unsuccessfully to sell the building, his only rental property, but the prospective buyer only wanted it if the renters left. The policies, considered some of the strongest pandemic tenant protections in the country, were intended to give renters housing security and prevent a rise in homelessness as large populations of renters faced job loss and increased childcare duties. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. 201, Legal Assistance for Seniors: (510) 832-3040, Housing and Economic Rights Advocates: (510) 271-8443, ext. Tenants with lower income who have not paid their rent and who still have outstanding rent, even if they got some of it paid by rental assistance, need to come up with a payment plan with their landlord and identify some ways to start making payments, she said. The Housing and Community Development Department (HCD) plays a lead role in the development of housing and programs to serve the county's low and moderate income households, homeless, and disabled populations. The CAA suit, filed in the U.S. District Court of Northern California, is brought by seven property owners in Alameda County, claiming the eviction moratorium is invalid, illegal, and unenforceable. It seeks an end to the moratorium and damages for the landlords. WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium wont solve the problem. COVID-19 Rent Relief Resources for Alameda County Residents: Alameda County Housing Secure:www.ac-housingsecure.org New tenants moved into the house in January 2020, and have yet to pay rent, the suit said. However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. Alameda County's commercial eviction moratorium demonstrates the importance that landlords and tenants understand all applicable local eviction moratorium. Rent is due on May 1, and the end of the countys eviction moratorium means that going forward, Alameda County tenants must pay their rent or be subject to eviction. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. Alameda Countys moratorium which applies in both unincorporated areas and within cities in the county currently bans all evictions except those necessary to either address an imminent threat to health or safety, comply with a government order, or remove rental units from the market under the Ellis Act. Tenants with unpaid rents accumulated during the moratorium may not be evicted for such unpaid rents but landlords may still pursue unpaid rent in small claims court. To do this, you need to give (or have given) your landlord a "financial distress" declaration within 15 days after you receive (or received) a notice to pay rent. Some local moratoria remained, but many of those have expired or are expiring soon. For months, property owners have railed against the moratorium and accused tenants of taking advantage of the moratorium to case paying rent for reasons unrelated to COVID. The landlords who filed the lawsuit have asked Beeler to rule in their favor without having to proceed to trial, through a process known as summary judgment. City Hall Address Note that regardless of the dates and even if you provided your landlord with a financial distress declaration, tenants must still pay all unpaid rent by May 31, 2023. Click here to learn more. The landlords allege that the eviction bans violate their Fifth Amendment rights by confiscating their property. As of May 2022, the local emergency is still in place. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. 2 0 obj Copyright 2023 NBCUniversal Media, LLC. Housing | Prior to joining the organization, he was an investigative reporter at The Virginian-Pilot, where he covered state government, the military and criminal justice. The Alameda County ban allows a few narrow exceptions, including for the health and safety of tenants and the removal of a property from the rental market. For example, renters will still have until May 31, 2023 to pay all rent that came due during the covered period, in addition to other protections. A federal judge is expected to issue a decision soon about the legality of pandemic eviction bans meant to prevent homelessness. partnering See Department pages for physical address. Alameda County Housing Secure has referrals to agencies that can help you mediate that type of agreement. All rights reserved. 02-20-13, FY 2020-23 On-Call Striping and Signage Contract, RFP: Cleaning & Maintenance of Park Street, Webster & Marina Village, Specs/Plans: Alameda Shoreline Park Pathway Lighting, P.W.No. The hearing was a significant step in a lawsuit filed by a group of rental property owners against the city and county in March, arguing that the pandemic eviction bans constitute an illegal taking of private property by the government and that the policies conflict with state law. Los Angeles also has a moratorium in place, and has been sued by the local landlord association. If you didnt pay your rent and used that money on other items, you could be faced with a court assigning your wages to the landlord in order for the landlord to get their back rent, warned Starratt. After the hearing, Andrew Zacks, a lawyer for the landlords, said he didnt believe policymakers would act to repeal the bans after two and a half years. During a public comment period, more than 100 people addressed the council, including tenants, who said the council decision favors landlords. Joining CAA will help you comply with laws and regulations that you need to understand for the protection of your rental housing business. The 60-day countdown to expiration began February 28 and expires as of April 29, 2023. Their landlord could serve them with a three-day notice to pay or quit.. Although Californias eviction protections for tenants with pending rental assistance applications ended June Peninsula landlord charged with discriminating against family with young children Tenants were given until December 30, 2021 to pay rent that has not been paid. The Jains received aid from the Fremont relief fund for 12 months of rent, but the tenant is still at least $58,000 behind. 300. WARNING This material has been reproduced and communicated to you by or on behalf of California Apartment Association in accordance with section 113P of the Copyright Act 1968 (Act). Expanding the supply of affordable housing for lower income renters and owners, including first-time Any further reproduction or communication of this material by you may be subject of copyright protection under the Act. Alameda County Temporary Commercial Eviction Moratorium. Starratt says that in an Alameda County community survey of landlords in fall 2022 and spring 2023, landlords reported that fully 50% of the rent thats owed is owed by tenants who are over-income meaning theyre higher than 80% of area median income. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. WebJudge allows Oakland eviction moratorium to stand, for now; Lena Tam Wins Board of Supervisor Election; The Homeless Problem in Alameda County is too big Eviction Stay in touch. In the meantime, we are deploying almost $5 million in emergency foreclosure prevention money to landlords, said Starratt. The release takes effect as soon as the landlord receives the payment. The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. While the State of Californias Eviction Moratorium ends today, September 30, 2021, the Alameda County local eviction moratorium remains in effect. Related Articles To help keep our streets clean from debris and safe for all modes of travel, the City will resume street sweeping service according to posted schedules this Monday, June 15, 2020. 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 legal protection from the financial distress declaration and paying 25% of the rent just means that tenants can't beevictedfor nonpayment of rent owed through September 30, 2021. Please be sure to respond to your application coordinator when contacted to speed up approval. The reporters and editors on The Oaklandside are dedicated to sharing the mic, reporting on systems, not symptoms, and providing you with the information you need to be an informed resident of our city. One man said: "The community is counting on you to add back in the requirement that landlords show substantial damages before throwing tenants out on the streets. The Moratorium covers all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol and parts of East County). The council But if it werent for rent control, Id be on Wood Street, she said, referring to the citys largest homeless camp, which is currently being shut down. The stress has caused Tripti Jain major anxiety and emotional distress, including panic attacks, and causing her to require occasional medication to treat the effects of the stress and anxiety, the suit said. Sign up to be contacted about future rental assistance programs. The suit marks the latest step toward dismantling COVID-19 protections for tenants, as health risks have diminished and many state and local programs and efforts have expired. You cant do it. But since it hasnt started yet, we really dont know if that protection really exists., Landlords have a right to the income that they are owed and they have a right to sue their tenants in small claims court to obtain payment, said Starratt. Q: Can I be evicted for"nofault,"suchas an owner move-in?A:No. Attorney Matthew Zinn said he couldnt answer that, but commented that the state and federal declarations of emergency are still in place. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. The local and state COVID-19 emergency rent assistance programs still have funds available, and renters and landlords are encouraged to apply. The county followed on April 21 by passing its own moratorium. And here we are in masks, he said, noting that the judge herself had required face coverings after mentioning that previous court hearings had been super-spreaders.. Louis Hansen covers housing issues for the Bay Area News Group and is based at The Mercury News. 10-20-38, Contract Documents for Traffic Signal Controller Cabinets, Contract Documents for Battery Backup System, Contract Documents for Traffic Signal Controllers, Contract Documents for Video Image Detection System, Notice of Funding Availability & Request for Proposals, Request for Proposals for On-Call Land Surveyor Services, Request for Proposals for Pest Control Services, RFP:Mechanical/HVAC Preventative Maintenance & Repair at City Faciliti, Request for Bids for Landscape Maintenance Services Various Locations, REQUEST FOR QUALIFICATIONS/PROPOSALS FOR HEARING OFFICER SERVICES. Financial assistance covers past due rent and utility bills, as well as future rent. Shortly after the COVID-19 crisis got underway in March 2020, the Oakland City Council and Alameda County Board of Supervisors passed temporary eviction bans, prohibiting landlords from forcing renters to leave their homes, with some exceptions including if the renter threatens their neighbors safety. Our local governments took the steps needed to keep us safe, said ACCE lawyer Jackie Zaneri, calling the lawsuit a threat to all moratoriums everywhere. Starratt says that in an Alameda County community survey of landlords in fall 2022 and spring 2023, landlords reported that fully 50% of the rent thats owed is owed by tenants who are over-income meaning theyre Q: Is there rent protection for commercial tenants?A:During COVID, commercial tenants had an eviction defense for unpaid rent that was due to a "substantial loss of income." Click here for resources for tenants and property owners: ac-housingsecure.org. Alameda County landlords have felt stifled by the broad local protections, which have allowed some tenants to live rent-free even when they have not lost income or fallen ill to the virus. Q: Canthe landlord increase the rent?A:Rent levels for all controlled units (generally, all multi-family units built before February 1995) have been frozen during the emergency. Q: I heard that the States eviction moratorium is ending; am I protected under local law?A:Under the States COVID-19 rental protections tenants cannot be evicted if, due to COVID-19 financial distress, they cannot pay rent that came due during the covered periodMarch 1, 2020 until September 30, 2021. Under these protections, landlords cant file an eviction without first trying to get rent relief for the tenant. Initially they were short-term bans, but in August 2020, with no end to the pandemic in sight, policymakers tied the moratoriums to the local state of emergency declarations. California apartment vacancies near 2-year high as rents slip 3.5% from peak April 25, 2023 Update: The Alameda County Eviction moratorium is set to expire on April 29, 2023. Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was 2023 FOX Television Stations, until MON 5:00 AM PDT, San Francisco Bay Shoreline, High Stakes: Sports Betting in California. Enough is enough, she said. But now tenants are like the owners, and I really have no say in my property anymore. He said that as a single person of color hes faced discrimination trying to rent, himself, so he bought the place to have security and income for retirement. Alameda Countys eviction moratorium expired, What you need to know if youre an Alameda County renter, Alameda ended the countys public health emergency for COVID-19 on Feb. 28 (PDF), you should submit proof of your COVID-related loss of income. In this 30 minute webinar we will provide an overview of Alameda Countys ongoing eviction moratorium that remains in effect and an update on CAAs lawsuit challenging the legality of the Countys law. 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. A judge could kick that part of our [Alameda County] ordinance out. Otherwise, the landlord can charge a late fee. HCD maintains and expands housing opportunities for low--and moderate--income persons and families in the county by: Alameda County and Habitat for Humanity East Bay/Silicon Valley are launching Renew Alameda County, a home improvement loan assistance program designed to allow low-income homeowners to remain safely in their homes by providing rehabilitation and accessibility improvement services and loan financing to cover the associated costs. WebFor unpaid rent between March 1, 2020, and November 17, 2022, local rental protections provide that tenants have an affirmative defense to an eviction action if the non-payment You must give your landlord a financial distress declaration (download the declaration athttps://bit.ly/32W0XRp) every time you receive a notice to pay rent and are unable to pay. Who Can I Talk to? document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! 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The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. Each application is evaluated and prioritized based on those most at risk of homelessness, including small landlords. (Download the declaration athttps://bit.ly/32W0XRp.). The moratorium covered all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol, and parts of East It essentially bans all evictions, either for nonpayment or other reasons, to keep renters from being displaced during the health crisis. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. They have to evict you for a different reason., But she also cautioned that tenants shouldnt exclusively focus on this particular aspect, because theres going to be cases in court where someone will file an appeal on that and that the law around this is going to be fast moving and quickly changing., We really dont know what the end result is going to be, Starratt said. Newsom: In some of your most recent moves, youre doing a lot to help the homeless. The council meeting, which went on past midnight, ended with the council voting 7 to 1 to phase out the eviction moratorium starting July 15. 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. Housing | The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. Gov. He's won national awards for his investigations and feature stories. The Oaklandside relies on reader support to remain free for everyone in our community. Serving the needs of the homeless community as the lead agency in the countywide homeless collaborative and Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 Subject: Emergency Request Assist Alameda County Board of Supervisors Dear Gov. Housing | He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. However, state law contains explicit language preempting local control in this area. constructing Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. I think we are going to see a lot of displacement, and this is going to affect lower-income community members more than those with higher incomes, said Michelle Starratt, housing director for Alameda County. 4 0 obj Housing | This covers 100% of past rent owed on or after April 1, 2020. Eligible tenants can contest or overturn an eviction at any time before leaving or being evicted by the sheriff, even after the three-day notice period, after receiving the lawsuit, or after a ruling against them. If you qualify, but fail to submit an application, you may face an eviction. of the California Code of Civil Procedure. California Apartment Association980 Ninth Street, Suite 1430Sacramento, CA 95814, toll free: 800-967-4222 fax: 877-999-7881 membership@caanet.org. Until the Alameda County eviction moratorium expires, which is anticipated to be on April 29, 2023. However, we encourage tenants to regularly check the Alameda County Housing Secure website at ac-housingsecure.org for the most current information about the moratorium. Can I be evicted if I cant pay rent because of the COVID-19 pandemic? For more information please click here. Any suspected fraud in connection with the Alameda County Housing Secure Program should be reported for immediate review. Krista C. Gulbransen, executive director of the Berkeley Rental Housing Coalition, said many property owners have been struggling to pay their own bills and keep up their rental properties. This program is funded by the voter-approved Measure A1 Affordable Housing Bond. % That means they will be lifted after officials in the city and county declare the COVID-19 crisis over. Sale closed in San Ramon: $1.8 million for a four-bedroom home, Single family residence in San Jose sells for $1.5 million, First Republic Talks Extend Into Night After Banks Place Bids, Detached house sells for $2.9 million in Fremont. To learn more or apply, go to RenewAC.org, or contact Habitat for Humanity East Bay/Silicon Valley at (510) 803-3388 or HomeRepair@HabitatEBSC.org. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. Get Morning Report and other email newsletters. Q: Are there new limits on evictions for nonpayment of rent, after October 1, 2021?A:Yes. There are resources The policy was designed to end 60 days after the expiration of Alamedas COVID health emergency, which ended on February 28th. homebuyers. We looked very closely at what was happening in surrounding communities like Contra Costa and Santa Clara County when their eviction moratoriums ended last fall, she said. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. However, if a tenant violated their lease in another way, the landlord will be able to begin an eviction process.. Members of the Alliance of Californians for Community Empowerment (ACCE) said in a statement they were very concerned about ending the moratorium. neighborhood-serving facilities. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. Q: What are residential landlords required to do if they want to collect overdue rent?A:Landlords must deliver to the tenant a required "Notice of Rights" before serving any pay-or-quit notice for rents due between March 2020 and September 2021. Housing | But nearly $5 million in funding is just a drop in the bucket if we have over $300 million worth of outstanding rent and half of that is for over-income tenants. Sign up for The Oaklandsides free daily newsletter. At this point, the best recourse for landlords is to go to small claims court to obtain the back rent owed from those tenants, said Starratt. Revitalizing low-income neighborhoods by installing sidewalks and public accessibility improvements, and by Most landlords are willing to help renters with genuine needs, but some tenants have been taking advantage of the ban. The Board of Supervisors has not discussed ending the Public Health Emergency Order and has not scheduled this discussion yet. A second and final city council vote is still needed, and that's expected on May 2. Your donation makes this and all our other local reporting possible. In addition, free business counseling and technical assistance services are available to Alameda businesses from the following organizations: . Even though her boyfriend lost income during the pandemic, Garcias household has been able to make rent payments, she said. 3 0 obj The suit also claims the tenants four German Shepherds, forbidden by the lease, have caused considerable damage to the unit. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. Im one of the lucky few, but so many people I know have been affected by eviction threats and illegal rent increases, Oakland tenant Annemarie Garcia told The Oaklandside. In Oakland, its landlords who are unhappy with a plan to end eviction ban OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. Thank you for supporting The Oaklandside and being a part of our community.
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