In the meantime, we are deploying almost $5 million in emergency foreclosure prevention money to landlords, said Starratt. 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.. May 05, 2022. Prior to joining the organization, he was an investigative reporter at The Virginian-Pilot, where he covered state government, the military and criminal justice. Alameda County Temporary Commercial Eviction Moratorium. The landlords in the suit describe loss of income and financial hardships because they have been unable to displace their tenants. The council However, attorneys for the city and county said the state law permitted local jurisdictions to keep their stricter eviction moratoriums, so long as the policies were passed before the state law went into effect. Los Angeles also has a moratorium in place, and has been sued by the local landlord association. (Download the declaration athttps://bit.ly/32W0XRp.). He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. 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 Categories In legal documents, the landlord attorneys argued that the eviction policies allow even wealthy tenants who never lost income to avoid consequences for non-payment, while property owners are left with the burden of paying a mortgage and maintaining a premises for the benefit of those that can violate the lease and the law without fear of eviction.. <> During a public comment period, more than 100 people addressed the council, including tenants, who said the council decision favors landlords. Housing is Key is the State of Californias COVID-19 housing relief portal. WebDespite making a persuasive case to lift the county's archaic eviction moratorium, the Board voted 3-2 to not discuss the recision or modification of the ordinance. COVID-19 protections and assistance for renters are being phased out across the state. lawsuit filed by a group of rental property owners, Judge allows Oakland eviction moratorium to stand, for now, Landlords sue to end eviction moratoriums in Oakland and Alameda County, Oakland and Alameda Countys eviction moratoriums are still in effect, Proudly powered by Newspack by Automattic. ERAP@acgov.orgCall Centro Legal de la Razas ACHS phone hotline at (510) 994-0733 for additional information. As for local law, the City Council has adopted a number of tenant protections that expire a specified number of days after the City Council lifts the local emergency. They might say, No, thats not legal. There has not been clear data on the number of renters whove missed payments locally, making it hard to determine the overall financial impact of the moratorium on landlords. The rest of California has modernized its tenant protections to reflect the societal progress that has been made. Sign up for NBC Bay Areas Housing Deconstructed newsletter. 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. The eviction moratorium is set to end 60 days after the county's COVID-19 emergency health order expires but it's unclear when the Board of Supervisors might discuss ending the order. Qualifies for 1 Unit of CCRM Continuing Education Credit for current CCRM Certified Individuals. ", Ann McClain told the council: "Three years have passed where rental property owners have been abused, rental owners are owed thousands individually and millions collectively.". WebHon. 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. However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. partnering OAKLAND Following the expiration of the statewide eviction moratorium, California Attorney General Rob Bonta today issued a consumer alert reminding Californias tenants and homeowners of their rights and protections under California law. We amplify community voices, share information resources, and investigate systems, not just symptoms. The language for the new form is in section 15 of AB 832. Those contracts will be going before the Alameda County Board of Supervisors hopefully before the end of May in order to help those landlords that didnt get paid., We really dont want landlords to lose their properties, so were trying to get some of these resources into the community, Starratt said. 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 protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the COVID-19 pandemic. Preserving the county's housing stock through rehabilitation and repair assistance programs. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. Q: Can I be evicted for"nofault,"suchas an owner move-in?A:No. For example, Rakesh and Tripti Jain have rented their three-bedroom home in Fremont as a source of extra income to pay for their childs college tuition. For resources available to tenants and landlords in Alameda County, including free legal services for lower-income tenants and homeowners, visit Alameda County Housing Secure. I dont want to give tenants [in those cities] the impression that they are 100% safe, said Starratt. WebAlameda County's eviction moratorium ordinance, enacted to protect tenants impacted by the COVID-19 pandemic, ends 60 days after the end of the County health emergency. This was an expectation that at some point you were going to pay your rent.. To get more information about the State's rental assistance program visithttps://housing.ca.govor call 1-833-430-2122. Although Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. 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. Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. Dear Abby: Am I overreacting to my European daughter-in-law's behavior? %PDF-1.7 The dashboard below gives a snapshot of the programs progress to date. 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 current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. Housing is Key includes information on eviction protections, applications for tenants and landlords to apply for rental relief, and foreclosure assistance for homeowners. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. This covers 100% of past rent owed on or after April 1, 2020. WebOn July 7, 2022, Alameda County Superior Court Judge Frank Roesch ordered all application denials immediately stop, and any rejected applications issued in the last 30 We amplify community voices, share the power of real information, and investigate systems, not just symptoms. The As of May 2022, the local emergency is still in place. PW 05-19-26, RFP: Chuck Corica Golf Course Parking Lot Improvements, Preparation of Eng Docs for Upgrade of Sewer Pump Stations, Group 5, RFP for FY 2020 Sign & Striping Maintenance, PW No. The dashboard shows the total number of applications received, approved, and those still processing; corresponding financial assistance requested and received; average financial assistance paid to each household; and the total funds paid. But to illustrate how landlords have been impacted by the eviction ban, the lawsuit included personal stories of several property owners, who came to the hearing. Their landlord could serve them with a three-day notice to pay or quit.. Fifty-seven percent said they would pursue rent debt through small claims court. 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). Thats after the emergency rental assistance funding that came from the federal and state governments brought over $220 million worth of back paid rent into the county, she said. A tenant not paying their rent is grounds for eviction, said Starratt in an interview with KQED. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. Sign up to be contacted about future rental assistance programs. County supervisors and a county attorney did not return messages Thursday seeking comment. 4 0 obj 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. 1 0 obj x=ks]dJ J\vZ|DRQhC7PFT 4z;,n_gO7gX>o6no 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. In an attempt to relieve renters debts and ensure property owners get paid during the crisis, Oakland and Alameda County have doled out millions of dollars in state and federal rent relief money. This also means that evictions for non-payment Is there any end in sight, from a policy perspective? Beeler asked a county lawyer during the hearing. All Access Digital offer for just 99 cents! 2263 Santa Clara Avenue Serving the needs of the homeless community as the lead agency in the countywide homeless collaborative and Tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. Any suspected fraud in connection with the Alameda County Housing Secure Program should be reported for immediate review. Some local moratoria remained, but However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. 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. The release takes effect as soon as the landlord receives the payment. 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. Your offices recent calling out of Oakland for seeking to shirk its responsibility over housing Read Please be sure to respond to your application coordinator when contacted to speed up approval. Please contact Rico Fenix at the Alameda City Attorney's Office by phone at 510-747-4775 or by email atrfenix@alamedacityattorney.org. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. They claim that tenants who are allowed to stay in their apartments without paying rent are effectively being permitted by the government to trespass. The judges decision will boil down to legal interpretationswhether property is being taken or not, whether or not non-paying tenants are strangers trespassing, and if the local law conflicts with the states. The protections were established by Alameda County in 2020 as a way to protect renters from the Attorney General Bonta provides the following information to help Californians understand the The suit also claims the tenants four German Shepherds, forbidden by the lease, have caused considerable damage to the unit. No: The Alameda County cities of Oakland, Berkeley and San Leandro still have their own eviction moratoriums, and those will remain in effect after the countys eviction moratorium expires on Saturday: That said, just because a city in Alameda County has its own eviction moratorium doesnt mean renters in that city cant be evicted. Here's how it works, but keep in mind all unpaid rent between March 1, 2020 and September 30, 2021 must be repaid by May 31, 2023: Rents for March 2020 - August 2020: All overdue rent for these months can be converted to "consumer debt," meaning you still owe it, but you can't be evicted for non-payment. Although Californias eviction protections for tenants with pending rental assistance applications ended June Click here to learn more. To learn more about how we use your information, please read our privacy policy. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. Its important to remember the original purpose of the COVID-19 Alameda County eviction moratorium, said Starratt: This was not a rent strike. Watch our website navigation videos and get the most out of caanet.org! The Board of Supervisors has not discussed ending the Public Health Emergency Order and has not scheduled this discussion yet. The suit is the second challenge to the countys moratorium, following another suit by local landlords. 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. Thousands of tenants in Oakland and across Alameda County will be rendered homeless if it is ended. Get everything you need to keep up to date with resources specifically tailored for your city. The over-income tenants need to help us by paying their rent.. Thank you for supporting The Oaklandside and being a part of our community. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. Housing & Homelessness Landlords argue in court to end Oakland and Alameda County eviction moratoriums A federal judge is expected to issue a decision If you have more questions about conflicts in state and local law, please consult your own attorney. If you For more information on the Alameda County Eviction Moratorium, please visit theAlameda County Housing and Community Developmenthome page. (The tenant cant be evicted for failing to pay a late fee.). WebAlameda County remains on an island with a draconian eviction moratorium that may have made sense at the outset of the pandemic but makes little sense now. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. Original Broadcast Date: July 2022On-Demand Cost: Free to CAA Member/ $49 Non-MemberEstimated Course Length: 30 mins. of the California Code of Civil Procedure. The California Apartment Association, a statewide landlord lobbying group, is also participating in the lawsuit. OAKLAND, Calif. (CN) A fight against an eviction ban in the San Francisco Bay Area county of Alameda has stumbled, after a federal judge denied See Department pages for physical address. Tenants and homeowners have received legal services through ACHS, Centro Legal de la Raza: (510) 437-1554, tenantsrights@centrolegal.org, East Bay Community Law Center: (510) 548-4040, ext. For example, The Oakland moratorium will continue to protect tenants for eviction due to nonpayment of rent, Starratt told KQED in an email. As for Oakland, no changes, and its moratorium remains in place. April 25, 2023 Update: The Alameda County Eviction moratorium is set to expire on April 29, 2023. Los Angeles Countys protections expired on March 31, 2023, and Alameda Countys are set to expire at the end of April 201, Legal Assistance for Seniors: (510) 832-3040, Housing and Economic Rights Advocates: (510) 271-8443, ext. 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. It wont matter if the [Alameda County] eviction moratorium protected you you wont be able to use that as a reason to defend against an eviction notice.. COVID-19 Rent Relief Resources for Alameda County Residents: Alameda County Housing Secure:www.ac-housingsecure.org The 60-day countdown to expiration began February 28 and expires as of April 29, 2023. 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. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. 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. However, as of May 1, 2022, landlords may serve tenants with notices of rent increases for no more than the current cap, which is 2.7%. However, it doesnt mean that the states rental protections go away. The policy was designed to end 60 days after the expiration of Alamedas COVID health emergency, which ended on February 28th. As long as a tenant is still living in their apartment, they can contest or overturn an eviction by showing that they were approved for rental assistance and with the rental assistance and their own funds (if needed) can pay all of the rent owed. endobj endobj The Alameda County Eviction Moratorium is expressly permitted by state legislation under section 1179.05 et. WebUnderstanding Alameda Countys Eviction Moratorium Webinar. Q: Are there new limits on evictions for nonpayment of rent, after October 1, 2021?A:Yes. The Oaklandside relies on reader support to remain free for everyone in our community. Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 Subject: Emergency Request Assist Alameda County Board of Supervisors Dear Gov. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. The program will continue to process qualifying applications but the application portal closed on May 13, 2022 at 11:59pm. This program is funded by the voter-approved Measure A1 Affordable Housing Bond. The lawsuit says the policies have caused harm and financial challenges for small property owners like plaintiff John Williams, who ended up in the hospital from the stress of losing the $1,500 monthly rental income from a tenant in his West Oakland duplex and the fear of facing foreclosure. 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. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). Q: Are there any programs to help commercial tenants pay rent?A: While many assistance programs are no longer available, there are still business loans and grants available for eligible Alameda businesses. 2 0 obj 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. Thus, Alameda Countys pandemic-era eviction moratorium will remain in effect through April 29. He's won national awards for his investigations and feature stories. Zinn said it was not appropriate for lawyers or judges to determine when or how to draw the line on a pandemic policy, saying that should be left to legislators. Get Morning Report and other email newsletters. 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. The City Council has prohibited no-fault evictions until 30 days after the local emergency expires. Both California's and Alameda County's COVID-19 health emergencies ended on February 28, 2023. If a tenant does not pay the minimum 25% of rent that is due by September 30, 2021, the tenant may be protected from eviction for the past due rent if they apply for rental assistance. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. If you are a tenant at risk of eviction or displacement, you may qualify for legal services under AC Housing Secure. Report Website Errors. 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? Alameda County's eviction moratorium ordinance, enacted to protect tenants impacted by the COVID-19 pandemic, ends 60 days after the end of the County health emergency. 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. But when Alameda ended the countys public health emergency for COVID-19 on Feb. 28 (PDF), it also triggered the end of the moratorium. Newsom: In some of your most recent moves, youre doing a lot to help the homeless. Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. Most landlords are willing to help renters with genuine needs, but some tenants have been taking advantage of the ban. Revitalizing low-income neighborhoods by installing sidewalks and public accessibility improvements, and by document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 600 more apartments at Brooklyn Basin? 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 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. 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. While the State of Californias Eviction Moratorium ends today, September 30, 2021, the Alameda County local eviction moratorium remains in effect. Alameda County's commercial eviction moratorium demonstrates the importance that landlords and tenants understand all applicable local eviction moratorium. Ignoring the pleas of local housing providers, the Alameda County Board of Supervisors on Tuesday rejected a proposal to discuss potential changes to the 2023 FOX Television Stations, until MON 5:00 AM PDT, San Francisco Bay Shoreline, High Stakes: Sports Betting in California. The suit also says the moratoriums violate the Fourteenth Amendment and conflict with the states eviction ban, which expired in June and only applied if tenants were financially impacted by the pandemic and participated in the states rent relief program. Mallory Homewood, Policy & Compliance Counsel, California Apartment Association, Whitney Prout, Policy & Compliance Counsel, California Apartment Association. 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. It essentially bans all evictions, either for nonpayment or other reasons, to keep renters from being displaced during the health crisis. The county is open for business in every other way, said Whitney Prout, staff attorney for the California Apartment Association (CAA). 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. Q: What is"financialdistress" for residential tenants?A:This means loss of income or increased expenses due to COVID-19. The Oakland City Council made a late-night decision Tuesday toward ending the city's moratorium on evictions. Tenants who violated their lease for other reasons than nonpayment of rent are subject to eviction and not protected from the nonpayment of rent clause. What we saw was a rapid rise in evictions and displacement.. Demand for Legal Aid Services. seq. 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. This means that starting Sunday, April 30, tens of thousands of Natalie Orenstein covers housing and homelessness for The Oaklandside. 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. endobj 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 Currently, tenants cant be evicted for the nonpayment of rent during the eviction moratorium: They can come after you in small claims court, they can attach your wages, they can get their payment from you, but they cant evict you for that, she said. 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. 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. WebThe Alameda County Board of Supervisors has enacted a temporary moratorium on evictions countywide in response to the Coronavirus (COVID-19 ) pandemic. Enough is enough, she said. The Jains received aid from the Fremont relief fund for 12 months of rent, but the tenant is still at least $58,000 behind. neighborhood-serving facilities. For their part, property owners say they plan to collect what theyre owed. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. May 5, 2022 Whitney Prout CAA Legal and Compliance Counsel The California Apartment Association on Thursday filed a lawsuit in federal court against Alameda County, alleging that its eviction moratorium infringes on rental housing providers constitutional rights and violates state law. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. 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. This material may not be published, broadcast, rewritten, or redistributed. Click here for resources for tenants and property owners: ac-housingsecure.org. Housing | 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. In Oakland, its landlords who are unhappy with a plan to end eviction ban What an interesting case, Judge Laurel Beeler told lawyers Thursday morning, in a courtroom where about 20 property owners and tenant advocates observed quietly. The differences between the countys moratorium and the city moratoriums mean that if you live in Oakland, Berkeley or San Leandro, its really important to understand exactly what your citys rules do and do not protect you against. Theyre not considered low-income and they didnt pay their rent during COVID, and that is a problem.. constructing All rights reserved. In addition to not paying rent thats due starting May 1, your landlord can also now attempt to evict you based on your behavior during the moratorium, says Starratt. Gov. Theyre also been calling on the county to reimburse them for loss of income. 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. There are resources 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. Phone Directory At the conclusion of Thursdays court hearing Beeler said she will take their arguments into consideration and issue a decision soon.

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