For example, The Oakland moratorium will continue to protect tenants for eviction due to nonpayment of rent, Starratt told KQED in an email. Ask Amy: I put a security camera in my room, and what I saw was creepy, 'Total dominance': Steph Curry breaks NBA Game 7 record, leads Warriors over Kings, Ask Amy: My fiancee's family says I'm not invited, and she's going without me, Dear Abby: The reason her fiance hid his phone was something she never guessed, Harriette Cole: My friend's mom didn't recognize me at my job, and she was very rude, Kurtenbach: Game 7 is likely not win-or-go-home for the Warriors it's win-or-break-up, Warriors' Kerr reacts to Giannis' comments on success and failure: 'He's so right', Miss Manners: I don't want to hurt the bride, but I have qualms about the wedding, Do Not Sell/Share My Personal Information. %PDF-1.7 Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. Gov. 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 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. P.W. Housing | However, it doesnt mean that the states rental protections go away. 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. Housing is Key:https://housing.ca.gov/ Louis Hansen covers housing issues for the Bay Area News Group and is based at The Mercury News. 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. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. 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. At the beginning, [the moratorium] was a no-brainer, to help the tenants impacted, Williams said. Q: Can the landlord shut off my utilities?A:The City Council has barred landlords from shutting off utilities, except in case of an emergency or as part of an "essential activity" under the shelter-in-place order; and then, only for the shortest time necessary. To get more information about the State's rental assistance program visithttps://housing.ca.govor call 1-833-430-2122. Also, noticesdemanding rent must contain a notice of tenant rights and how to apply for rent relief. The material in this communication may be subject to copyright under the Act. 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. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. We amplify community voices, share information resources, and investigate systems, not just symptoms. Get everything you need to keep up to date with resources specifically tailored for your city. Peninsula landlord charged with discriminating against family with young children It could drop a bomb on rent control, Zinn said. However, if a tenant violated their lease in another way, the landlord will be able to begin an eviction process.. Q: What if I havent paid all or some of my rent since March 2020, how am I protected?A:There are steps residential tenants who had "financial distress" due to COVID-19 and were not able to pay all or some of their rent can take to prevent being evicted or to defer paying all of their rent. Dear Abby: Am I overreacting to my European daughter-in-law's behavior? Attorney Matthew Zinn said he couldnt answer that, but commented that the state and federal declarations of emergency are still in place. Your donation makes this and all our other local reporting possible. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 Subject: Emergency Request Assist Alameda County Board of Supervisors Dear Gov. 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. Click here for resources for tenants and property owners: ac-housingsecure.org. 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. Sign up for The Oaklandsides free daily newsletter. Housing Providers of America was incorporated early this year by John Protopappas, a prominent local developer and CEO of Madison Park Financial, which owns numerous rental properties in Oakland and elsewhere. Who Can I Talk to? A second and final city council vote is still needed, and that's expected on May 2. However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. The Moratorium covers all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol and parts of East County). At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. Ignoring the pleas of local housing providers, the Alameda County Board of Supervisors on Tuesday rejected a proposal to discuss potential changes to the We amplify community voices, share the power of real information, and investigate systems, not just symptoms. COVID-19 protections and assistance for renters are being phased out across the state. Alameda County argued the plaintiffs theory that an eviction moratorium is a physical taking of property is flatly inconsistent with the United States Supreme Courts repeated holdings that only a government-compelled invasion by strangers can trigger the narrow physical takings doctrine. Serving the needs of the homeless community as the lead agency in the countywide homeless collaborative and The way the moratorium is drafted, theres no end in sight.. The budget also included $250,000 for legal aid organizations to prepare for implementation of the CARE Act. Were journalists for Oakland. As for Oakland, no changes, and its moratorium remains in place. 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? 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. But she said their indefinite time periods, and the fact that theyve been permitted to remain in effect for more than two years, raises a concern.. 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. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the COVID-19 pandemic. Her message: If you can pay your rent, you should pay it.. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. homebuyers. 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. 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. Up-to-date information can be found on theEast Bay EDA website. Attorney General Bonta provides the following information to help Californians understand the The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. Applications can be found athttps://www.ac-housingsecure.org. Learn more. 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.. The laws dont relieve tenants of their obligation to pay rent, but they say property owners cant evict them if they dont. 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. Financial assistance covers past due rent and utility bills, as well as future rent. 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. However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. 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. Sign up for our daily newsletter. To learn more about your rights and apply for representation, contact them using. 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. 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. seq. The California Apartment Association, a statewide landlord lobbying group, is also participating in the lawsuit. Alameda, CA 94501 The policy was designed to end 60 days after the expiration of Alamedas COVID health emergency, which ended on February 28th. 3 0 obj Revitalizing low-income neighborhoods by installing sidewalks and public accessibility improvements, and by 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. Expanding the supply of affordable housing for lower income renters and owners, including first-time OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. 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 county followed on April 21 by passing its own moratorium. The landlords allege that the eviction bans violate their Fifth Amendment rights by confiscating their property. Q: When must regular rent payments resume?A: Residential tenants need to resume their regular rent payments on October 1, 2021. During a public comment period, more than 100 people addressed the council, including tenants, who said the council decision favors landlords. Although Alameda County no longer has an eviction on moratoriums, some cities within the county like Oakland and Berkeley maintain separate eviction policies. 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, 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. If you get a notice from your landlord, time is of the essence for you to respond, says Starratt. 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. See Department pages for physical address. Q: What is"financialdistress" for residential tenants?A:This means loss of income or increased expenses due to COVID-19. WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium But there have been lengthy delays and other problems with the distribution of those funds, and many households are still awaiting their payments. 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. A federal judge is expected to issue a decision soon about the legality of pandemic eviction bans meant to prevent homelessness. April 25, 2023 Update: The Alameda County Eviction moratorium is set to expire on April 29, 2023. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. This means that starting Sunday, April 30, tens of thousands of So, a tenant must resume regular rent payments beginning October 1, 2021. The language for the new form is in section 15 of AB 832. Oakland and Alameda County eviction moratorium policies still provide a double layer of protection to most local renters. Under Oaklands moratorium, renters who are protected by the citys Just Cause for Eviction policywhich typically applies to all buildings constructed before 1996 can only be evicted in very rare cases. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. 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. The 60-day countdown to expiration began February 28 and expires as of April 29, Phone Directory If you qualify, but fail to submit an application, you may face an eviction. WebThe temporary moratorium imposes a ban on evictions for renters, homeowners and those living in mobile home parks throughout Alameda County beginning March 24, 2020 until OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. 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. WebUnderstanding Alameda Countys Eviction Moratorium Webinar. If you are a tenant at risk of eviction or displacement, you may qualify for legal services under AC Housing Secure. County supervisors and a county attorney did not return messages Thursday seeking comment. Click here to learn. by soddie | Sep 30, 2021 | Current News, News & Announcements. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. 2263 Santa Clara Avenue Click here to learn more. 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 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. 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. 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. <>/Metadata 267 0 R/ViewerPreferences 268 0 R>> 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. Housing is Key is the State of Californias COVID-19 housing relief portal. All rights reserved. COVID-19 Rent Relief Resources for Alameda County Residents: Alameda County Housing Secure:www.ac-housingsecure.org Natalie Orenstein covers housing and homelessness for The Oaklandside. 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. This story contains reporting from KQEDs Rachel Vasquez and Carly Severn. of the California Code of Civil Procedure. Enough is enough, she said. 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. 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. 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. The Alameda County eviction moratorium ended on April 29, 2023, but you may still have important protections from eviction. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 600 more apartments at Brooklyn Basin? 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 June 2021, the state set aside new money for rent relief. 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. endobj OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. After receiving funds, the tenant has 15 business days (excluding weekends and federal holidays) to pay the landlord. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. Examples include increased health costs, added childcare or caring for a family member, or less work hours. Tenant group ACCE rallied outside the courthouse Thursday, opposing the attempt to undo the eviction moratoriums. The Alameda County Eviction Moratorium is expressly permitted by state legislation under section 1179.05 et. Mallory Homewood, Policy & Compliance Counsel, California Apartment Association, Whitney Prout, Policy & Compliance Counsel, California Apartment Association. 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. 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. Bay Area Legal Aid, Centro Legal de la Raza, East Bay Community Law Center, Eviction Defense Center, Legal Assistance for Seniors, and Housing and Economic Rights Advocates provide free legal services to low-income tenants and homeowners disproportionately impacted by the regions housing affordability crisis and the COVID-19 pandemic. ACCE members rallied outside the courthouse before the hearing, talking about the challenges theyve faced during the crisis and with unsympathetic or abusive landlords. Qualifies for 1 Unit of CCRM Continuing Education Credit for current CCRM Certified Individuals. 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. (The tenant cant be evicted for failing to pay a late fee.). Alameda County Housing Secure is a collaborative of legal service providers partnering to prevent the displacement of our vital community members throughout Alameda County. | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. The county is open for business in every other way, said Whitney Prout, staff attorney for the California Apartment Association (CAA). As of May 2022, the local emergency is still in place. 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. 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 Los Angeles Countys protections expired on March 31, 2023, and Alameda Countys are set to expire at the end of April Keep reading for what to know about the end of the eviction moratorium in Alameda County. 1 0 obj What we saw was a rapid rise in evictions and displacement.. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. 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. Alameda / Berkeley / Oakland. For their part, property owners say they plan to collect what theyre owed. 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. Conflicts between state and local law must be determined by a court of law. 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. Fifty-seven percent said they would pursue rent debt through small claims court. WebHon. Related Articles Although Californias eviction protections for tenants with pending rental assistance applications ended June But when Alameda ended the countys public health emergency for COVID-19 on Feb. 28 (PDF), it also triggered the end of the moratorium. Demand for Legal Aid Services. Los Angeles also has a moratorium in place, and has been sued by the local landlord association. Landlords sue Alameda County over eviction ban, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Total dominance: Steph Curry breaks NBA Game 7 record, leads Warriors over Kings, How renters will be protected when Oaklands eviction ban ends in July, In Oakland, its landlords who are unhappy with a plan to end eviction ban, California apartment vacancies near 2-year high as rents slip 3.5% from peak, Peninsula landlord charged with discriminating against family with young children, Letters: Lockdowns role | Reshaping charges | Reparations deserved | Reject dividers | Racist tropes. 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. Your offices recent calling out of Oakland for seeking to shirk its responsibility over housing Read Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. Thousands of tenants in Oakland and across Alameda County will be rendered homeless if it is ended. <> (510) 747-7400 This material may not be published, broadcast, rewritten, or redistributed. A successful challenge to the ban, she said, will allow us to go after the bad actors.. Dear Abby: I have a great life, so why have I fallen into this shameful behavior? 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. 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. The program will continue to process qualifying applications but the application portal closed on May 13, 2022 at 11:59pm. Some local moratoria remained, but We have received more requests than we currently have funds available. Housing | The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. If the moratorium phase-out is approved, it would also end a limit put on how much rent could be increased, starting in July 2024. 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. Please contact Rico Fenix at the Alameda City Attorney's Office by phone at 510-747-4775 or by email atrfenix@alamedacityattorney.org. 2 0 obj Members of the Alliance of Californians for Community Empowerment (ACCE) said in a statement they were very concerned about ending the moratorium. 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 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). 201, Legal Assistance for Seniors: (510) 832-3040, Housing and Economic Rights Advocates: (510) 271-8443, ext. The Oaklandside relies on reader support to remain free for everyone in our community. 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.
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