It is also a colossal waste of resources by the corporate landlord lobby, said ACCE legal director Leah Simon-Weisberg. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. Los Angeles Countys protections expired on March 31, 2023, and Alameda Countys are set to expire at the end of April The suit is the second challenge to the countys moratorium, following another suit by local landlords. The material in this communication may be subject to copyright under the Act. However, if a tenant violated their lease in another way, the landlord will be able to begin an eviction process.. Revitalizing low-income neighborhoods by installing sidewalks and public accessibility improvements, and by 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. Williams, the duplex owner, got emotional talking with The Oaklandside, recounting how his 10-year tenant hasnt paid rent since the beginning of the pandemic and owes him $50,000. However, state law contains explicit language preempting local control in this area. 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. Local COVID-19 Protections City of Alameda Rent Program 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. Alameda County It essentially bans all evictions, either for nonpayment or other reasons, to keep renters from being displaced during the health crisis. Please be sure to respond to your application coordinator when contacted to speed up approval. 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. 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 amplify community voices, share information resources, and investigate systems, not just symptoms. 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. ALAMEDA COUNTY EVICTION MORATORIUM PROTECTS The council Watch our website navigation videos and get the most out of caanet.org! 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. Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. This means that starting Sunday, April 30, tens of thousands of 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. (The tenant cant be evicted for failing to pay a late fee.). In Oakland, its landlords who are unhappy with a plan to end eviction ban The 60-day countdown to expiration began February 28 and expires as of April 29, 2023. Although Californias eviction protections for tenants with pending rental assistance applications ended June 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. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Attorney Matthew Zinn said he couldnt answer that, but commented that the state and federal declarations of emergency are still in place. See Department pages for physical address. 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 Natalie Orenstein covers housing and homelessness for The Oaklandside. The budget also included $250,000 for legal aid organizations to prepare for implementation of the CARE Act. 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. The state emergency rental assistance program, a $5.5 billion aid package to landlords and renters, stopped accepting new applications in March 31. The over-income tenants need to help us by paying their rent.. Frequently Asked Questions and Answers for Alameda 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. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! Some Oakland officials have talked about beginning to phase out the moratorium soon, likely in small steps. 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. Housing | Eviction 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. The policy was aimed at protecting tenants whose financial situation was affected by COVID and were at-risk of becoming unhoused. Most landlords are willing to help renters with genuine needs, but some tenants have been taking advantage of the ban. A donation to The Oaklandside goes beyond the newsroom. We have received more requests than we currently have funds available. Sign up to be contacted about future rental assistance programs. He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. Attorney General Bonta provides the following information to help Californians understand the Housing | 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. The suit also claims the tenants four German Shepherds, forbidden by the lease, have caused considerable damage to the unit. Enough is enough, she said. The dashboard below gives a snapshot of the programs progress to date. (510) 747-7400 The release takes effect as soon as the landlord receives the payment. 2 0 obj 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. Rents for this period are subject to the eviction protections described above. The protections were established by Alameda County in 2020 as a way to protect renters from the 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. 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%. Please contact Rico Fenix at the Alameda City Attorney's Office by phone at 510-747-4775 or by email atrfenix@alamedacityattorney.org. The Jains received aid from the Fremont relief fund for 12 months of rent, but the tenant is still at least $58,000 behind. 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. Your donation makes this and all our other local reporting possible. Los Angeles also has a moratorium in place, and has been sued by the local landlord association. Original Broadcast Date: July 2022On-Demand Cost: Free to CAA Member/ $49 Non-MemberEstimated Course Length: 30 mins. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 600 more apartments at Brooklyn Basin? 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 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. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. Keep Fremont Housed | City of Fremont, CA Official Website Thus, Alameda County eviction Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 Subject: Emergency Request Assist Alameda County Board of Supervisors Dear Gov. Prior to joining the organization, he was an investigative reporter at The Virginian-Pilot, where he covered state government, the military and criminal justice. 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. ALAMEDA CITY HALL LAWN CONVERSION PROJECT, No. Q: Can I be evicted for"nofault,"suchas an owner move-in?A:No. If you get a summons from the courthouse, you have five days to respond. 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. The policy was aimed at x=ks]dJ J\vZ|DRQhC7PFT 4z;,n_gO7gX>o6no ERAP@acgov.orgCall Centro Legal de la Razas ACHS phone hotline at (510) 994-0733 for additional information. Learn more. 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 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. 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. This covers 100% of past rent owed on or after April 1, 2020. Phone Directory 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. Some local moratoria remained, but many of those have expired or are expiring soon. The way the moratorium is drafted, theres no end in sight.. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. Alameda / Berkeley / Oakland. Tenants are therefore encouraged to learn more about and apply for rental assistance (see information below). 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 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. The Alameda County Eviction Moratorium is expressly permitted by state legislation under section 1179.05 et. May 05, 2022. Alameda County Housing Secure is a collaborative of legal service providers partnering to prevent the displacement of our vital community members throughout Alameda County. Frequently Asked Questions and Answers for Alameda Renters, City of Alameda Guaranteed Income Pilot Program, Business Associations & Improvement Areas, Notice to Contractors Special Provisions Proposal and Contract, Plans/Specs: Cyclic Sewer Replacement Project, Ph 16, No. 3 0 obj Tenants were given until December 30, 2021 to pay rent that has not been paid. Demand for Legal Aid Services. 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. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). neighborhood-serving facilities. So, a tenant must resume regular rent payments beginning October 1, 2021. 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). Bid to end Alameda County Covid eviction ban stumbles The only no" vote was for ending the moratorium even sooner. %PDF-1.7 Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. 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. eviction moratorium
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