endobj Please contact Rico Fenix at the Alameda City Attorney's Office by phone at 510-747-4775 or by email [email protected]. City Hall Address To learn more about how we use your information, please read our privacy policy. The way the moratorium is drafted, theres no end in sight.. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. Any further reproduction or communication of this material by you may be subject of copyright protection under the Act. The Board of Supervisors has not discussed ending the Public Health Emergency Order and has not scheduled this discussion yet. Alameda County 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. Attorney General Bonta provides the following information to help Californians understand the Each application is evaluated and prioritized based on those most at risk of homelessness, including small landlords. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 24 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Fifty-seven percent said they would pursue rent debt through small claims court. 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 Homeless Outreach Team for the City of Alameda, Request for Proposals for Cultural Art and Arts Programming, Implementation of a School Outreach Program, Automated License Plate Recognition Data System, On-Call Complete Streets Engineering Services, Household Battery and Flourescent Lamp Collection and Drop Off, Request for Proposal - Maintenance of Bayport Stormwater Treatmnt Pond, RFP-Landscape Maintenance Harbor Bay Zone Landscape/Lighting Dist 84-2, Request for Proposal for Maintenance of the Harbor Bay Ferry Terminal, Notice of Funding Availability & Request for Proposals FY23-24, Request for Proposal-Bayview Weir Stem & Operator Replacement Project, Alameda Wellness Center/McKay Avenue Project: FAQ, 2019 Water Quality & Flood Protection: Frequently Asked Questions, Climate Action and Environmental Sustainability in Alameda, Climate Adaptation and Hazard Mitigation Plan, Converting City Halls to drought-tolerant landscape. After receiving funds, the tenant has 15 business days (excluding weekends and federal holidays) to pay the landlord. If you have more questions about conflicts in state and local law, please consult your own attorney. Alameda County silences landlords, dismisses concerns over 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 only no" vote was for ending the moratorium even sooner. They might say, No, thats not legal. 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. Although Californias eviction protections for tenants with pending rental assistance applications ended June This program is funded by the voter-approved Measure A1 Affordable Housing Bond. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 600 more apartments at Brooklyn Basin? This material may not be published, broadcast, rewritten, or redistributed. <> 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 Even though her boyfriend lost income during the pandemic, Garcias household has been able to make rent payments, she said. Copyright 2023 NBCUniversal Media, LLC. The over-income tenants need to help us by paying their rent.. Some local moratoria remained, but Eviction moratorium Alameda County Oakland - Bornstein The language for the new form is in section 15 of AB 832. seq. Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. 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. Learn more. Senate Budget and Fiscal ReviewNancy Skinner, Chair Sign up for our daily newsletter. of the California Code of Civil Procedure. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). eviction It essentially bans all evictions, either for nonpayment or other reasons, to keep renters from being displaced during the health crisis. The rest of California has modernized its tenant protections to reflect the societal progress that has been made. 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. Q: Can I be evicted for"nofault,"suchas an owner move-in?A:No. The California Apartment Association, a statewide landlord lobbying group, is also participating in the lawsuit. But when Alameda ended the countys public health emergency for COVID-19 on Feb. 28 (PDF), it also triggered the end of the moratorium. 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. Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. Natalie Orenstein covers housing and homelessness for The Oaklandside. Otherwise, the landlord can charge a late fee. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. 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. (510) 747-7400 If all unpaid rent is not paid by that date, the landlord may get a court judgment for the unpaid amount. In the meantime, we are deploying almost $5 million in emergency foreclosure prevention money to landlords, 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. Get everything you need to keep up to date with resources specifically tailored for your city. Its really important that you respond because if you dont, you wont actually have any protections, she said. Thank you. 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. The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. The dashboard below gives a snapshot of the programs progress to date. Housing | A statewide ban on evictions for non-payment of rent during the pandemic ended April 1. The landlords in the suit describe loss of income and financial hardships because they have been unable to displace their tenants. 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.. 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. The suit also claims the tenants four German Shepherds, forbidden by the lease, have caused considerable damage to the unit. California Apartment Association980 Ninth Street, Suite 1430Sacramento, CA 95814, toll free: 800-967-4222 fax: 877-999-7881 [email protected]. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. A judge could kick that part of our [Alameda County] ordinance out. Expanding the supply of affordable housing for lower income renters and owners, including first-time Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. ALAMEDA CITY HALL LAWN CONVERSION PROJECT, No. Although Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. Alameda County This means that tenants are expect to pay monthly rent on May 1, 2023. The budget also included $250,000 for legal aid organizations to prepare for implementation of the CARE Act. 2022 Alameda / Berkeley / Oakland. 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. 2022 2 0 obj 300. While the State of Californias Eviction Moratorium ends today, September 30, 2021, the Alameda County local eviction moratorium remains in effect. (Download the declaration athttps://bit.ly/32W0XRp.). This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. <> 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. Housing is Key:https://housing.ca.gov/ Thus, Alameda Countys pandemic-era eviction moratorium will remain in effect through April 29. The suit is the second challenge to the countys moratorium, following another suit by local landlords. ACCE members rallied outside the courthouse before the hearing, talking about the challenges theyve faced during the crisis and with unsympathetic or abusive landlords. 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. The hearing was a significant step in a lawsuit filed by a group of rental property owners against the city and county in March, arguing that the pandemic eviction bans constitute an illegal taking of private property by the government and that the policies conflict with state law. 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. The state emergency rental assistance program, a $5.5 billion aid package to landlords and renters, stopped accepting new applications in March 31. But there have been lengthy delays and other problems with the distribution of those funds, and many households are still awaiting their payments. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. 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. This story contains reporting from KQEDs Rachel Vasquez and Carly Severn. County supervisors and a county attorney did not return messages Thursday seeking comment. 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. 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.. For example, The Oakland moratorium will continue to protect tenants for eviction due to nonpayment of rent, Starratt told KQED in an email. In Oakland, its landlords who are unhappy with a plan to end eviction ban As for Oakland, no changes, and its moratorium remains in place. How renters will be protected when Oaklands eviction ban ends in July Original Broadcast Date: July 2022On-Demand Cost: Free to CAA Member/ $49 Non-MemberEstimated Course Length: 30 mins. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. with homeless service providers. 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. Los Angeles also has a moratorium in place, and has been sued by the local landlord association. Rents for this period are subject to the eviction protections described above. Landlords argue in court to end Oakland and Alameda County 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. If you Ignoring the pleas of local housing providers, the Alameda County Board of Supervisors on Tuesday rejected a proposal to discuss potential changes to the
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