alameda county eviction moratorium 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. Financial assistance covers past due rent and utility bills, as well as future rent. Its really important that you respond because if you dont, you wont actually have any protections, she said. The Oakland City Council made a late-night decision Tuesday toward ending the city's moratorium on evictions. 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. 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. Members of the Alliance of Californians for Community Empowerment (ACCE) said in a statement they were very concerned about ending the moratorium. Natalie Orenstein covers housing and homelessness for The Oaklandside. 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. 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. Conflicts between state and local law must be determined by a court of law. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. 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. A successful challenge to the ban, she said, will allow us to go after the bad actors.. This material may not be published, broadcast, rewritten, or redistributed. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. For more information on the Alameda County Eviction Moratorium, please visit theAlameda County Housing and Community Developmenthome page. 2263 Santa Clara Avenue We have received more requests than we currently have funds available. Report Website Errors. The Alameda County Eviction Moratorium is expressly permitted by state legislation under section 1179.05 et. The language for the new form is in section 15 of AB 832. Click here for resources for tenants and property owners: ac-housingsecure.org. If you have more questions about conflicts in state and local law, please consult your own attorney. 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. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. of the California Code of Civil Procedure. Joining CAA will help you comply with laws and regulations that you need to understand for the protection of your rental housing business. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. 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. 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." There are no stay-at-home orders, businesses are no longer closed. 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. Click here(PDF,239KB)to download a PDF of this FAQ. 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 If you get a notice from your landlord, time is of the essence for you to respond, says Starratt. 1 0 obj Five small-scale landlords, along with the Oakland-based nonprofit Housing Providers of America, sued the county and city in March of this year over the eviction bans. ", 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.". The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. 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. 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. Categories 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. All Access Digital offer for just 99 cents! Landlord Policies and Practices / Legal Compliance, Cities 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 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. 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. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. Housing | 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. 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. Serving the needs of the homeless community as the lead agency in the countywide homeless collaborative and 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. 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. ERAP@acgov.orgCall Centro Legal de la Razas ACHS phone hotline at (510) 994-0733 for additional information. This was an expectation that at some point you were going to pay your rent.. 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. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. Currently, local law establishing these tenant protections, including residential eviction protections, remain in place. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. The case is very similar to the other actions that have failed thus far.. The City Council has prohibited no-fault evictions until 30 days after the local emergency expires. He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. In June 2021, the state set aside new money for rent relief. 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. "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 The material in this communication may be subject to copyright under the Act. The over-income tenants need to help us by paying their rent.. The laws dont relieve tenants of their obligation to pay rent, but they say property owners cant evict them if they dont. Its important to remember the original purpose of the COVID-19 Alameda County eviction moratorium, said Starratt: This was not a rent strike. What an interesting case, Judge Laurel Beeler told lawyers Thursday morning, in a courtroom where about 20 property owners and tenant advocates observed quietly. Thus, Tenants are therefore encouraged to learn more about and apply for rental assistance (see information below). 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. Some local moratoria remained, but 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. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. 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. 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). As of May 2022, the local emergency is still in place. Most landlords are willing to help renters with genuine needs, but some tenants have been taking advantage of the ban. In Oakland, its landlords who are unhappy with a plan to end eviction ban But there have been lengthy delays and other problems with the distribution of those funds, and many households are still awaiting their payments. Q: Are there new limits on evictions for nonpayment of rent, after October 1, 2021?A:Yes. Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 Subject: Emergency Request Assist Alameda County Board of Supervisors Dear Gov. Each application is evaluated and prioritized based on those most at risk of homelessness, including small landlords. 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. 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. It is also a colossal waste of resources by the corporate landlord lobby, said ACCE legal director Leah Simon-Weisberg. neighborhood-serving facilities. partnering 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. Her message: If you can pay your rent, you should pay it.. The State has required a new Notice of Rights form that landlords must serve with any notice demanding payment of rent beginning July 1, 2021. 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. (The tenant cant be evicted for failing to pay a late fee.). 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.. I Still Have Questions About The City's Laws For renters. The only no" vote was for ending the moratorium even sooner. WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium wont solve the problem. 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. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was If you 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. Housing | 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. Were journalists for Oakland. In addition, free business counseling and technical assistance services are available to Alameda businesses from the following organizations: . The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. Click here to learn more. 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. Q: When must regular rent payments resume?A: Residential tenants need to resume their regular rent payments on October 1, 2021. 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 This means that starting Sunday, April 30, tens of thousands of 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 county followed on April 21 by passing its own moratorium. Phone Directory Examples include increased health costs, added childcare or caring for a family member, or less work hours. 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. 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. However, it doesnt mean that the states rental protections go away. City Hall Address 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 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 Alameda County's commercial eviction moratorium demonstrates the importance that landlords and tenants understand all applicable local eviction moratorium. 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. Although Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. 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. 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. 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. 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. Otherwise, the landlord can charge a late fee. At the beginning, [the moratorium] was a no-brainer, to help the tenants impacted, Williams said. 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 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. Tenants with lower income who have not paid their rent and who still have outstanding rent, even if they got some of it paid by rental assistance, need to come up with a payment plan with their landlord and identify some ways to start making payments, she said. 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. 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. 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. Without a lawsuit, this is not going to change, he told The Oaklandside. California apartment vacancies near 2-year high as rents slip 3.5% from peak As Beeler peppered lawyers for both sides with questions, it was not clear whether she was convinced that the substance of the eviction moratoriums violated landlords constitutional rights. Sign up to be contacted about future rental assistance programs. 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. 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. Thousands of tenants in Oakland and across Alameda County will be rendered homeless if it is ended. 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. WebUnderstanding Alameda Countys Eviction Moratorium Webinar. A federal judge is expected to issue a decision soon about the legality of pandemic eviction bans meant to prevent homelessness. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. Thank you for supporting The Oaklandside and being a part of our community. Original Broadcast Date: July 2022On-Demand Cost: Free to CAA Member/ $49 Non-MemberEstimated Course Length: 30 mins. Housing & Homelessness Landlords argue in court to end Oakland and Alameda County eviction moratoriums A federal judge is expected to issue a decision A judge could kick that part of our [Alameda County] ordinance out. They claim that tenants who are allowed to stay in their apartments without paying rent are effectively being permitted by the government to trespass. Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. But when Alameda ended the countys public health emergency for COVID-19 on Feb. 28 (PDF), it also triggered the end of the moratorium. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. To help keep our streets clean from debris and safe for all modes of travel, the City will resume street sweeping service according to posted schedules this Monday, June 15, 2020. 201, Legal Assistance for Seniors: (510) 832-3040, Housing and Economic Rights Advocates: (510) 271-8443, ext. Click here to learn. The Under these protections, landlords cant file an eviction without first trying to get rent relief for the tenant. Please be sure to respond to your application coordinator when contacted to speed up approval. 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. To get more information about the State's rental assistance program visithttps://housing.ca.govor call 1-833-430-2122. Letters: Lockdowns role | Reshaping charges | Reparations deserved | Reject dividers | Racist tropes This covers 100% of past rent owed on or after April 1, 2020. The council seq. J5T. 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. 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. 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 May 05, 2022. 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. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. 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. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. In the meantime, we are deploying almost $5 million in emergency foreclosure prevention money to landlords, said Starratt. Mallory Homewood, Policy & Compliance Counsel, California Apartment Association, Whitney Prout, Policy & Compliance Counsel, California Apartment Association. 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. A donation to The Oaklandside goes beyond the newsroom. 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