Tenant group ACCE rallied outside the courthouse Thursday, opposing the attempt to undo the eviction moratoriums. 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. 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. Sign up to be contacted about future rental assistance programs. As for Oakland, no changes, and its moratorium remains in place. 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. 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. But Nicholas Spear, a lawyer with the tenant advocacy group ACCE, which is also participating in the lawsuit, told the judge that there would be just as many declarations and stories from tenants whove experienced housing and financial hardships during the pandemic, if theyd gotten a chance to share them. California Apartment Association980 Ninth Street, Suite 1430Sacramento, CA 95814, toll free: 800-967-4222 fax: 877-999-7881 membership@caanet.org. Alameda County Were journalists for Oakland. 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. 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. He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. 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. Legal Q & A May 2023 By Richard Beckman, Esq. - AOAUSA Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. Landlords sue Alameda County over eviction ban - The At the beginning, [the moratorium] was a no-brainer, to help the tenants impacted, Williams said. 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. Also, noticesdemanding rent must contain a notice of tenant rights and how to apply for rent relief. Understanding Alameda Countys Eviction Moratorium However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. 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. Expanding the supply of affordable housing for lower income renters and owners, including first-time 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. WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium endobj On March 31, 2022, AB 2179 was enacted, which extends by three more months the statewide eviction protection fortenants in Covid-related rent assistance programs. Now, Alameda County housing officials are expecting evictions to spike to above pre-pandemic levels, to some 250350 evictions per month as landlords look to recoup back rent and evict tenants if they are unable to pay going forward. Senate Budget and Fiscal ReviewNancy Skinner, Chair Keep reading for what to know about the end of the eviction moratorium in Alameda County. You will be contacted by an application coordinator once your application has been selected for processing. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. Attorney General Bonta provides the following information to help Californians understand the This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. There are resources In the meantime, we are deploying almost $5 million in emergency foreclosure prevention money to landlords, said Starratt. If you business address is located in a City, please contact that city for their ordinance information. 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. 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. April 25, 2023 Update: The Alameda County Eviction moratorium is set to expire on April 29, 2023. I dont want to give tenants [in those cities] the impression that they are 100% safe, said Starratt. 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. A federal judge is expected to issue a decision soon about the legality of pandemic eviction bans meant to prevent homelessness. There are no stay-at-home orders, businesses are no longer closed. 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. Please be sure to respond to your application coordinator when contacted to speed up approval. x=ks]dJ J\vZ|DRQhC7PFT 4z;,n_gO7gX>o6no 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. The material in this communication may be subject to copyright under the Act. The 2022-23 budget included the $40 million base allocation for the EAF, as well as funding for specific uses, including $30 million for eviction protection and $15 million for consumer debt cases. 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. 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. Alameda County Ends Its Eviction Moratorium NBC 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. 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. 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. Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was The budget also included $250,000 for legal aid organizations to prepare for implementation of the CARE Act. Any suspected fraud in connection with the Alameda County Housing Secure Program should be reported for immediate review. It essentially bans all evictions, either for nonpayment Lawyers for Oakland and Alameda County warned the judge that a ruling accepting the landlords legal interpretation could have widespread and unintended consequences for other, unrelated housing laws. Serving the needs of the homeless community as the lead agency in the countywide homeless collaborative and The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. As long as tenants have applied for rent relief before April 1, their protectionextends through June 30, 2022. Any further reproduction or communication of this material by you may be subject of copyright protection under the Act. Click here to learn more. 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. For more information please click here. Qualifies for 1 Unit of CCRM Continuing Education Credit for current CCRM Certified Individuals. Los Angeles Countys protections expired on March 31, 2023, and Alameda Countys are set to expire at the end of April Housing & Community Development Department. September 2022 Ending the Alameda County Eviction Moratorium If you get a notice from your landlord, time is of the essence for you to respond, says Starratt. 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. Alameda County's Eviction Moratorium Ended Saturday. However, state law contains explicit language preempting local control in this area. 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. We amplify community voices, share information resources, and investigate systems, not just symptoms. eviction moratorium Some Oakland officials have talked about beginning to phase out the moratorium soon, likely in small steps. 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. ALAMEDA COUNTY EVICTION MORATORIUM PROTECTS Theyre also been calling on the county to reimburse them for loss of income. 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 The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the COVID-19 pandemic. 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.. Legal Q & A May 2023 By Richard Beckman, Esq. - AOAUSA 201, Legal Assistance for Seniors: (510) 832-3040, Housing and Economic Rights Advocates: (510) 271-8443, ext. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. If all unpaid rent is not paid by that date, the landlord may get a court judgment for the unpaid amount. Housing | The Moratorium covers all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol and parts of East County). 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. They might say, No, thats not legal. Attorney Matthew Zinn said he couldnt answer that, but commented that the state and federal declarations of emergency are still in place. 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. 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. May 05, 2022. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. They claim that tenants who are allowed to stay in their apartments without paying rent are effectively being permitted by the government to trespass. <> 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 Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. This program is funded by the voter-approved Measure A1 Affordable Housing Bond. 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. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! 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 tenant cant be evicted for failing to pay a late fee.). Her message: If you can pay your rent, you should pay it.. 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. Thus, Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. 2022 % It is also a colossal waste of resources by the corporate landlord lobby, said ACCE legal director Leah Simon-Weisberg. Click here(PDF,239KB)to download a PDF of this FAQ. For more information on the Alameda County Eviction Moratorium, please visit theAlameda County Housing and Community Developmenthome page. 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. Natalie Orenstein covers housing and homelessness for The Oaklandside. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. 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. 2 0 obj Alameda County eviction Some local moratoria remained, but many of those have expired or are expiring soon. Who Can I Talk to? Housing & Homelessness Landlords argue in court to end Oakland and Alameda County eviction moratoriums A federal judge is expected to issue a decision 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). 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. California apartment vacancies near 2-year high as rents slip 3.5% from peak Report Website Errors. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. (Download the declaration athttps://bit.ly/32W0XRp.). Your donation goes beyond supporting our journalism. To learn more about your rights and apply for representation, contact them using. So, a tenant must resume regular rent payments beginning October 1, 2021. 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. The Oaklandside relies on reader support to remain free for everyone in our community. The state emergency rental assistance program, a $5.5 billion aid package to landlords and renters, stopped accepting new applications in March 31. endobj The policy was aimed at protecting tenants whose financial situation was affected by COVID and were at-risk of becoming unhoused. It could drop a bomb on rent control, Zinn said. 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.. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). 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. COVID-19 protections and assistance for renters are being phased out across the state. All rights reserved. At the conclusion of Thursdays court hearing Beeler said she will take their arguments into consideration and issue a decision soon. Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. This was an expectation that at some point you were going to pay your rent.. Its really important that you respond because if you dont, you wont actually have any protections, she said. WebThe Alameda County Board of Supervisors has enacted a temporary moratorium on evictions countywide in response to the Coronavirus (COVID-19 ) pandemic. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. Theyre not considered low-income and they didnt pay their rent during COVID, and that is a problem.. The laws dont relieve tenants of their obligation to pay rent, but they say property owners cant evict them if they dont. 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. Rents for this period are subject to the eviction protections described above. Tenants were given until December 30, 2021 to pay rent that has not been paid. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 Subject: Emergency Request Assist Alameda County Board of Supervisors Dear Gov. Thus, Alameda Countys pandemic-era eviction moratorium will remain in effect through April 29. All Access Digital offer for just 99 cents! eviction Members of the Alliance of Californians for Community Empowerment (ACCE) said in a statement they were very concerned about ending the moratorium. He's won national awards for his investigations and feature stories. 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." Housing is Key:https://housing.ca.gov/ Q: When must regular rent payments resume?A: Residential tenants need to resume their regular rent payments on October 1, 2021. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. 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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. Bid to end Alameda County Covid eviction ban stumbles document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 600 more apartments at Brooklyn Basin? CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. To get more information about the State's rental assistance program visithttps://housing.ca.govor call 1-833-430-2122. 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. "cgy(2yoF?x~'`op8+8>W(]>`oolo}]~A(F4OXJ` LI!^c.JHY-3*`B|}l6C?547,=0CgC[vAf=xju_X50 VVt,?s(+8&)%K%ZpE:>|]4\~?5o[6O Kdk~0B&UKzJI*Lip`f9@by>j~\ls \f~Zc3gkxxy At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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 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. Dear Abby: Am I overreacting to my European daughter-in-law's behavior? 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. The case is very similar to the other actions that have failed thus far.. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. County supervisors and a county attorney did not return messages Thursday seeking comment. A survey of landlords (PDF) conducted by the Alameda County Community Development Agency this spring found that 67% of respondents said they would pursue an eviction after the moratorium expired. Phone Directory 3 0 obj 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. Both California's and Alameda County's COVID-19 health emergencies ended on February 28, 2023. 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. 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. Joining CAA will help you comply with laws and regulations that you need to understand for the protection of your rental housing business. partnering Financial assistance covers past due rent and utility bills, as well as future rent. 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 Peninsula landlord charged with discriminating against family with young children Eviction 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.