Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. Get Morning Report and other email newsletters. 02-22-05. Prior to joining the organization, he was an investigative reporter at The Virginian-Pilot, where he covered state government, the military and criminal justice. How renters will be protected when Oaklands eviction ban ends in July 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. seq. 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. As long as tenants have applied for rent relief before April 1, their protectionextends through June 30, 2022. WebThe Alameda County Board of Supervisors has enacted a temporary moratorium on evictions countywide in response to the Coronavirus (COVID-19 ) pandemic. 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. Click here to learn more. 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. Its important to remember the original purpose of the COVID-19 Alameda County eviction moratorium, said Starratt: This was not a rent strike. Demand for Legal Aid Services. As of May 2022, the local emergency is still in place. However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. It could drop a bomb on rent control, Zinn said. They might say, No, thats not legal. One man said: "The community is counting on you to add back in the requirement that landlords show substantial damages before throwing tenants out on the streets. To learn more about how we use your information, please read our privacy policy. with homeless service providers. Each application is evaluated and prioritized based on those most at risk of homelessness, including small landlords. Tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. The Alameda County Eviction Moratorium is expressly permitted by state legislation under section 1179.05 et. 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. 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. 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. endobj 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. 2 0 obj If all unpaid rent is not paid by that date, the landlord may get a court judgment for the unpaid amount. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. California apartment vacancies near 2-year high as rents slip 3.5% from peak Their landlord could serve them with a three-day notice to pay or quit.. 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 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. Natalie Orenstein covers housing and homelessness for The Oaklandside. Joining CAA will help you comply with laws and regulations that you need to understand for the protection of your rental housing business. 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. Also, noticesdemanding rent must contain a notice of tenant rights and how to apply for rent relief. Both California's and Alameda County's COVID-19 health emergencies ended on February 28, 2023. 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 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. We amplify community voices, share information resources, and investigate systems, not just symptoms. 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. 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. In June 2021, the state set aside new money for rent relief. 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. The suit is the second challenge to the countys moratorium, following another suit by local landlords. 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 Otherwise, the landlord can charge a late fee. Any suspected fraud in connection with the Alameda County Housing Secure Program should be reported for immediate review. Thank you for supporting The Oaklandside and being a part of our community. %PDF-1.7 If you get a summons from the courthouse, you have five days to respond. Click here to learn. 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. However, if a tenant violated their lease in another way, the landlord will be able to begin an eviction process.. A federal judge is expected to issue a decision soon about the legality of pandemic eviction bans meant to prevent homelessness. The dashboard below gives a snapshot of the programs progress to date. We have received more requests than we currently have funds available. The City Council has prohibited no-fault evictions until 30 days after the local emergency expires. 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. 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. Your donation makes this and all our other local reporting possible. 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. 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). The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. There are no stay-at-home orders, businesses are no longer closed. What we saw was a rapid rise in evictions and displacement.. 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. 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. Q: When must regular rent payments resume?A: Residential tenants need to resume their regular rent payments on October 1, 2021. 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. In Oakland, its landlords who are unhappy with a plan to end eviction ban 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 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. 1 Comment / Uncategorized / By FreshFir222 LA County Board of Supervisors vote to end Eviction Moratorium Leave a Comment / Uncategorized / By 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. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. This program is funded by the voter-approved Measure A1 Affordable Housing Bond. 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 Landlord Policies and Practices / Legal Compliance, Cities Most landlords are willing to help renters with genuine needs, but some tenants have been taking advantage of the ban. 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. 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. 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. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. Stay in touch. neighborhood-serving facilities. Who Can I Talk to? But there have been lengthy delays and other problems with the distribution of those funds, and many households are still awaiting their payments. He said he tried unsuccessfully to sell the building, his only rental property, but the prospective buyer only wanted it if the renters left. Please contact Rico Fenix at the Alameda City Attorney's Office by phone at 510-747-4775 or by email atrfenix@alamedacityattorney.org. 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. (The tenant cant be evicted for failing to pay a late fee.). 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. 2023 FOX Television Stations, until MON 5:00 AM PDT, San Francisco Bay Shoreline, High Stakes: Sports Betting in California. This protection remains in place until 30 days after the declared state of emergency is over. Thats after the emergency rental assistance funding that came from the federal and state governments brought over $220 million worth of back paid rent into the county, she said. Alameda / Berkeley / Oakland. The Moratorium covers all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol and parts of East County). New tenants moved into the house in January 2020, and have yet to pay rent, the suit said. Thus, Alameda Countys pandemic-era eviction moratorium will remain in effect through April 29. Rents for this period are subject to the eviction protections described above. 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. Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. Financial assistance covers past due rent and utility bills, as well as future rent. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. Alameda County Housing Secure is a collaborative of legal service providers partnering to prevent the displacement of our vital community members throughout Alameda County. Housing | Under these protections, landlords cant file an eviction without first trying to get rent relief for the tenant. What an interesting case, Judge Laurel Beeler told lawyers Thursday morning, in a courtroom where about 20 property owners and tenant advocates observed quietly. Up-to-date information can be found on theEast Bay EDA website. (Download the declaration athttps://bit.ly/32W0XRp.). 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. 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. 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. 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. Revitalizing low-income neighborhoods by installing sidewalks and public accessibility improvements, and by 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. Oaklands moratorium went into effect on March 27, 2020, banning most evictions shortly after the local COVID-19 lockdown began. Keep reading for what to know about the end of the eviction moratorium in Alameda County. COVID-19 protections and assistance for renters are being phased out across the state. The Alameda County eviction moratorium ended on April 29, 2023, but you may still have important protections from eviction. City Hall Address WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium 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. 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, 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%. The council meeting, which went on past midnight, ended with the council voting 7 to 1 to phase out the eviction moratorium starting July 15. 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. However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. Watch our website navigation videos and get the most out of caanet.org! Her message: If you can pay your rent, you should pay it.. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. Los Angeles Countys protections expired on March 31, 2023, and Alameda Countys are set to expire at the end of April 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 local and state COVID-19 emergency rent assistance programs still have funds available, and renters and landlords are encouraged to apply. Housing & Community Development Department. 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.. To learn more or apply, go to RenewAC.org, or contact Habitat for Humanity East Bay/Silicon Valley at (510) 803-3388 or HomeRepair@HabitatEBSC.org. That means they will be lifted after officials in the city and county declare the COVID-19 crisis over. The protections were established by Alameda County in 2020 as a way to protect renters from the This also means that evictions for non-payment 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. 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. If you business address is located in a City, please contact that city for their ordinance information. The 60-day countdown to expiration began February 28 and expires as of April 29, Oakland and Alameda Countys eviction moratoriums are still in effect News about Californias eviction and rent relief programs has caused some confusion for local It wont matter if the [Alameda County] eviction moratorium protected you you wont be able to use that as a reason to defend against an eviction notice.. 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.
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