Legal Q & A May 2023 By Richard Beckman, Esq. - AOAUSA Demand for Legal Aid Services. 4 0 obj The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. Is there any end in sight, from a policy perspective? Beeler asked a county lawyer during the hearing. Financial assistance covers past due rent and utility bills, as well as future rent. After receiving funds, the tenant has 15 business days (excluding weekends and federal holidays) to pay the landlord. The council 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. Its really important that you respond because if you dont, you wont actually have any protections, she said. 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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. 3 0 obj 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. She was previously on staff at Berkeleyside, where her extensive reporting on the legacy of school desegregation received recognition from the Society of Professional Journalists NorCal and the Education Writers Association. Some local moratoria remained, but 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. Get everything you need to keep up to date with resources specifically tailored for your city. Also, noticesdemanding rent must contain a notice of tenant rights and how to apply for rent relief. 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The county followed on April 21 by passing its own moratorium. Thus, Alameda Countys pandemic-era eviction moratorium will remain in effect through April 29. Oaklands moratorium went into effect on March 27, 2020, banning most evictions shortly after the local COVID-19 lockdown began. Housing | 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. He's won national awards for his investigations and feature stories. Understanding Alameda Countys Eviction Moratorium Learn more. Keep Fremont Housed | City of Fremont, CA Official Website 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. partnering Legal Q & A May 2023 By Richard Beckman, Esq. - AOAUSA Rents for September 1, 2020 - September 30, 2021: 75% of these months' total rent can be converted to "consumer debt" if you have given your landlord a "financial distress" declaration (see above), but you must pay at least the remaining 25% of that total by September 30, 2021. 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. 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. 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 policy was aimed at seq. 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. In June 2021, the state set aside new money for rent relief. Bid to end Alameda County Covid eviction ban stumbles The 60-day countdown to expiration began February 28 and expires as of April 29, 2023. Alameda County silences landlords, dismisses concerns over 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 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. Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. Eviction moratorium Alameda County Oakland - Bornstein 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 Housing & Homelessness Landlords argue in court to end Oakland and Alameda County eviction moratoriums A federal judge is expected to issue a decision 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. Louis Hansen covers housing issues for the Bay Area News Group and is based at The Mercury News. The rest of California has modernized its tenant protections to reflect the societal progress that has been made. This story contains reporting from KQEDs Rachel Vasquez and Carly Severn. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. As long as a tenant is still living in their apartment, they can contest or overturn an eviction by showing that they were approved for rental assistance and with the rental assistance and their own funds (if needed) can pay all of the rent owed. The moratorium covered all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol, and parts of East 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 Rents for this period are subject to the eviction protections described above. The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. Please contact Rico Fenix at the Alameda City Attorney's Office by phone at 510-747-4775 or by email atrfenix@alamedacityattorney.org. You will be contacted by an application coordinator once your application has been selected for processing. He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. Theyre also been calling on the county to reimburse them for loss of income. Please be sure to respond to your application coordinator when contacted to speed up approval. Eviction Moratorium To learn more about your rights and apply for representation, contact them using. For more information please click here. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. The budget also included $250,000 for legal aid organizations to prepare for implementation of the CARE Act. It essentially bans all evictions, either for nonpayment New tenants moved into the house in January 2020, and have yet to pay rent, the suit said. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the COVID-19 pandemic. 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. 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. The local and state COVID-19 emergency rent assistance programs still have funds available, and renters and landlords are encouraged to apply. City Hall Address 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. Oakland and Alameda Countys eviction moratoriums are still in 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. ", 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.". 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. Landlord Policies and Practices / Legal Compliance, Cities with homeless service providers. Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. Click here to learn. A tenant not paying their rent is grounds for eviction, said Starratt in an interview with KQED. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. A donation to The Oaklandside goes beyond the newsroom. 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. Housing is Key includes information on eviction protections, applications for tenants and landlords to apply for rental relief, and foreclosure assistance for homeowners. 2 0 obj In legal documents, the landlord attorneys argued that the eviction policies allow even wealthy tenants who never lost income to avoid consequences for non-payment, while property owners are left with the burden of paying a mortgage and maintaining a premises for the benefit of those that can violate the lease and the law without fear of eviction.. of the California Code of Civil Procedure. This covers 100% of past rent owed on or after April 1, 2020. Gavin Newsom 1021 O Street, Suite 9000 Sacramento, CA 95814 Subject: Emergency Request Assist Alameda County Board of Supervisors Dear Gov. eviction Los Angeles Countys protections expired on March 31, 2023, and Alameda Countys are set to expire at the end of April Alameda eviction moratorium %PDF-1.7 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. Copyright 2023 NBCUniversal Media, LLC. Their landlord could serve them with a three-day notice to pay or quit.. 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 If you are a tenant at risk of eviction or displacement, you may qualify for legal services under AC Housing Secure. Applications can be found athttps://www.ac-housingsecure.org. This was an expectation that at some point you were going to pay your rent.. Alameda County Housing Secure is a collaborative of legal service providers partnering to prevent the displacement of our vital community members throughout Alameda County. The policy was designed to end 60 days after the expiration of Alamedas COVID health emergency, which ended on February 28th. 2263 Santa Clara Avenue Mallory Homewood, Policy & Compliance Counsel, California Apartment Association, Whitney Prout, Policy & Compliance Counsel, California Apartment Association. ACCE members rallied outside the courthouse before the hearing, talking about the challenges theyve faced during the crisis and with unsympathetic or abusive landlords. Alameda County Eviction Moratorium is Still in Effect Alameda County Ends Its Eviction Moratorium NBC The only no" vote was for ending the moratorium even sooner. 2023 FOX Television Stations, until MON 5:00 AM PDT, San Francisco Bay Shoreline, High Stakes: Sports Betting in California. neighborhood-serving facilities. 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 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. 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.. Alameda County Housing Secure has referrals to agencies that can help you mediate that type of agreement. J5T. This also means that evictions for non-payment To learn more about how we use your information, please read our privacy policy. Legal evictions may proceed starting on April 30, 2023 and tenants who do not pay rent from April 30th onward may be at risk of eviction. However, state law contains explicit language preempting local control in this area. Alameda County Temporary Commercial Eviction Moratorium. The Jains received aid from the Fremont relief fund for 12 months of rent, but the tenant is still at least $58,000 behind. WebUnderstanding Alameda Countys Eviction Moratorium Webinar. 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. Alameda County Fifty-seven percent said they would pursue rent debt through small claims court. Report Website Errors. 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. Stay in touch. The suit is the second challenge to the countys moratorium, following another suit by local landlords. During a public comment period, more than 100 people addressed the council, including tenants, who said the council decision favors landlords. 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). Its important to remember the original purpose of the COVID-19 Alameda County eviction moratorium, said Starratt: This was not a rent strike. The California Apartment Association, a statewide landlord lobbying group, is also participating in the lawsuit. 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. 2022 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. Some Oakland officials have talked about beginning to phase out the moratorium soon, likely in small steps. 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. The stress has caused Tripti Jain major anxiety and emotional distress, including panic attacks, and causing her to require occasional medication to treat the effects of the stress and anxiety, the suit said. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. While the State of Californias Eviction Moratorium ends today, September 30, 2021, the Alameda County local eviction moratorium remains in effect. 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. Eviction moratorium Alameda County Preserving the county's housing stock through rehabilitation and repair assistance programs. Landlords sue Alameda County over eviction ban - The document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 600 more apartments at Brooklyn Basin? 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. However, it doesnt mean that the states rental protections go away. P.W. 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. Were journalists for Oakland. 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. California Apartment Association980 Ninth Street, Suite 1430Sacramento, CA 95814, toll free: 800-967-4222 fax: 877-999-7881 membership@caanet.org. 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 County After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. WebHon. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. AC Housing Secure provides Alameda County residents with more information about the local eviction moratorium, rent and utilities relief resources for both tenants and landlords, and other housing assistance resources.
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