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 federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. Alameda County 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. 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 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. Alameda County COVID-19 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. 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. 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. This material may not be published, broadcast, rewritten, or redistributed. Get everything you need to keep up to date with resources specifically tailored for your city. The Board of Supervisors has not discussed ending the Public Health Emergency Order and has not scheduled this discussion yet. The state emergency rental assistance program, a $5.5 billion aid package to landlords and renters, stopped accepting new applications in March 31. of the California Code of Civil Procedure. Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. Understanding Alameda Countys Eviction Moratorium 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 State has required a new Notice of Rights form that landlords must serve with any notice demanding payment of rent beginning July 1, 2021. After the hearing, Andrew Zacks, a lawyer for the landlords, said he didnt believe policymakers would act to repeal the bans after two and a half years. Click here for resources for tenants and property owners: ac-housingsecure.org. <>/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>> Oakland and Alameda Countys eviction moratoriums are still in effect News about Californias eviction and rent relief programs has caused some confusion for local April 25, 2023 Update: The Alameda County Eviction moratorium is set to expire on April 29, 2023. Q: When must regular rent payments resume?A: Residential tenants need to resume their regular rent payments on October 1, 2021. I dont want to give tenants [in those cities] the impression that they are 100% safe, said Starratt. If you business address is located in a City, please contact that city for their ordinance information. 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. Your donation goes beyond supporting our journalism. Click here to learn more. 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 council We amplify community voices, share the power of real information, and investigate systems, not just symptoms. 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. Related Articles ACCE members rallied outside the courthouse before the hearing, talking about the challenges theyve faced during the crisis and with unsympathetic or abusive landlords. Housing is Key includes information on eviction protections, applications for tenants and landlords to apply for rental relief, and foreclosure assistance for homeowners. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. All rights reserved. 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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 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. (510) 747-7400 ALAMEDA CITY HALL LAWN CONVERSION PROJECT, No. Attorney General Bonta provides the following information to help Californians understand the Alameda County Thank you for supporting The Oaklandside and being a part of our community. Some Oakland officials have talked about beginning to phase out the moratorium soon, likely in small steps. 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. 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. This means that tenants are expect to pay monthly rent on May 1, 2023. Senate Budget and Fiscal ReviewNancy Skinner, Chair Eviction 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. 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. Alameda County's Eviction Moratorium Ended Saturday. 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. 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. Although Californias eviction moratorium ended last month, many Alameda County tenants are still covered by a local ban that has ignited a growing fight between landlords and county officials. Were journalists for Oakland. 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. Original Broadcast Date: July 2022On-Demand Cost: Free to CAA Member/ $49 Non-MemberEstimated Course Length: 30 mins. 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. Tenants were given until December 30, 2021 to pay rent that has not been paid. 4 0 obj The moratorium covered all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol, and parts of East The 60-day countdown to expiration began February 28 and expires as of April 29, 2023. 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. This covers 100% of past rent owed on or after April 1, 2020. eviction moratorium 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. Housing | 2 0 obj 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. 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. WebThe Alameda County Board of Supervisors has enacted a temporary moratorium on evictions countywide in response to the Coronavirus (COVID-19 ) pandemic. All Access Digital offer for just 99 cents! The material in this communication may be subject to copyright under the Act. While the State of Californias Eviction Moratorium ends today, September 30, 2021, the Alameda County local eviction moratorium remains in effect. constructing Thousands of tenants in Oakland and across Alameda County will be rendered homeless if it is ended. <> Thank you. 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. Thus, WebUnderstanding Alameda Countys Eviction Moratorium Webinar. 300. Louis Hansen covers housing issues for the Bay Area News Group and is based at The Mercury News. Get Morning Report and other email newsletters. Most landlords are willing to help renters with genuine needs, but some tenants have been taking advantage of the ban. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. If you are a tenant at risk of eviction or displacement, you may qualify for legal services under AC Housing Secure. The 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. A successful challenge to the ban, she said, will allow us to go after the bad actors.. 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. The City Council has prohibited no-fault evictions until 30 days after the local emergency expires. The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. endobj Alameda County Housing Secure has referrals to agencies that can help you mediate that type of agreement. Please be sure to respond to your application coordinator when contacted to speed up approval. Legal Q & A May 2023 By Richard Beckman, Esq. - AOAUSA Demand for Legal Aid Services. 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). | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. Landlords sue Alameda County over eviction ban - The For example, renters will still have until May 31, 2023 to pay all rent that came due during the covered period, in addition to other protections. So, a tenant must resume regular rent payments beginning October 1, 2021. 2022 Its important to remember the original purpose of the COVID-19 Alameda County eviction moratorium, said Starratt: This was not a rent strike. 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. 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. Tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. 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. Alameda County After receiving funds, the tenant has 15 business days (excluding weekends and federal holidays) to pay the landlord. I Still Have Questions About The City's Laws For renters. 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. To get more information about the State's rental assistance program visithttps://housing.ca.govor call 1-833-430-2122. The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. ERAP@acgov.orgCall Centro Legal de la Razas ACHS phone hotline at (510) 994-0733 for additional information. How renters will be protected when Oaklands eviction ban ends in July 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. For more information please click here. This was an expectation that at some point you were going to pay your rent.. Eviction moratorium Alameda County Oakland - Bornstein He also noted that his tenant sued him for harassment and won the case this week, in the amount of $65,000. <> 2022 The county is open for business in every other way, said Whitney Prout, staff attorney for the California Apartment Association (CAA). 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. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. The policies, considered some of the strongest pandemic tenant protections in the country, were intended to give renters housing security and prevent a rise in homelessness as large populations of renters faced job loss and increased childcare duties. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. In June 2021, the state set aside new money for rent relief. Financial assistance covers past due rent and utility bills, as well as future rent. Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was Applications can be found athttps://www.ac-housingsecure.org. 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. This protection remains in place until 30 days after the declared state of emergency is over. There are resources Both California's and Alameda County's COVID-19 health emergencies ended on February 28, 2023. stream Keep reading for what to know about the end of the eviction moratorium in Alameda County. September 2022 Ending the Alameda County Eviction Moratorium He's won national awards for his investigations and feature stories. Alameda / Berkeley / Oakland. Her message: If you can pay your rent, you should pay it.. Theyre also been calling on the county to reimburse them for loss of income. A judge could kick that part of our [Alameda County] ordinance out. <>/Metadata 267 0 R/ViewerPreferences 268 0 R>> While additional funding may become available, the Program cannot guarantee Rental Assistance for households that applied after March 31, 2022. 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. The only no" vote was for ending the moratorium even sooner. The way the moratorium is drafted, theres no end in sight.. We have received more requests than we currently have funds available. 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 201, Legal Assistance for Seniors: (510) 832-3040, Housing and Economic Rights Advocates: (510) 271-8443, ext. 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.. It is also a colossal waste of resources by the corporate landlord lobby, said ACCE legal director Leah Simon-Weisberg. Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. County supervisors and a county attorney did not return messages Thursday seeking comment. Conflicts between state and local law must be determined by a court of law. Q: Are there new limits on evictions for nonpayment of rent, after October 1, 2021?A:Yes. Alameda County COVID-19 Eviction Moratorium 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. Some local moratoria remained, but
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