alameda county eviction moratorium 2022

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. It essentially bans all evictions, either for nonpayment or other reasons, to keep renters from being displaced during the health crisis. 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. A second and final city council vote is still needed, and that's expected on May 2. 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. Enough is enough, she said. This covers 100% of past rent owed on or after April 1, 2020. 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Alameda County So, a tenant must resume regular rent payments beginning October 1, 2021. The moratorium covered all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol, and parts of East 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. The program will continue to process qualifying applications but the application portal closed on May 13, 2022 at 11:59pm. Oakland and Alameda Countys eviction moratoriums are still in Examples include increased health costs, added childcare or caring for a family member, or less work hours. City Hall Address (510) 747-7400 Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. There are no stay-at-home orders, businesses are no longer closed. Click here(PDF,239KB)to download a PDF of this FAQ. 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. Attorney Matthew Zinn said he couldnt answer that, but commented that the state and federal declarations of emergency are still in place. Senate Budget and Fiscal ReviewNancy Skinner, Chair <>/Metadata 267 0 R/ViewerPreferences 268 0 R>> Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. Californias Approach to Eviction Moratoriums Q: I heard that the States eviction moratorium is ending; am I protected under local law?A:Under the States COVID-19 rental protections tenants cannot be evicted if, due to COVID-19 financial distress, they cannot pay rent that came due during the covered periodMarch 1, 2020 until September 30, 2021. 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.. The release takes effect as soon as the landlord receives the payment. Alameda County Alameda / Berkeley / Oakland. If you are a tenant at risk of eviction or displacement, you may qualify for legal services under AC Housing Secure. At the conclusion of Thursdays court hearing Beeler said she will take their arguments into consideration and issue a decision soon. If you 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. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. The policy was designed to end 60 days after the expiration of Alamedas COVID health emergency, which ended on February 28th. 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. Legal Q & A May 2023 By Richard Beckman, Esq. - AOAUSA However, the moratorium ordinance provided that it would remain in place until 60 days after the lapsing of Alameda Countys COVID-19 health emergency. French Bulldog Stolen From Car in Oakland, Steph Curry's 50-Point Game 7 Explosion Vs. Kings Lights Up NBA Twitter, Teachers Speak Out on Conditions at Oakland School, 1 Shot During Gunfight in Oakland: Police. Ignoring the pleas of local housing providers, the Alameda County Board of Supervisors on Tuesday rejected a proposal to discuss potential changes to the Both California's and Alameda County's COVID-19 health emergencies ended on February 28, 2023. The council 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. constructing 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. with homeless service providers. 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. In addition, free business counseling and technical assistance services are available to Alameda businesses from the following organizations: . Housing | Thousands of tenants in Oakland and across Alameda County will be rendered homeless if it is ended. 4 0 obj If all unpaid rent is not paid by that date, the landlord may get a court judgment for the unpaid amount. The California Apartment Association, a statewide landlord lobbying group, is also participating in the lawsuit. The rest of California has modernized its tenant protections to reflect the societal progress that has been made. I dont want to give tenants [in those cities] the impression that they are 100% safe, said Starratt. %PDF-1.7 There are resources Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). Tenant group ACCE rallied outside the courthouse Thursday, opposing the attempt to undo the eviction moratoriums. 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.. Q: Are there new limits on evictions for nonpayment of rent, after October 1, 2021?A:Yes. Oakland to phase out eviction moratoriums in mid-July 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. 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. The Alameda County eviction moratorium prohibits most evictions in Alameda County and will end 60 days after the Public Health Emergency Order ends. Some Oakland officials have talked about beginning to phase out the moratorium soon, likely in small steps. Please be sure to respond to your application coordinator when contacted to speed up approval. WebHon. The way the moratorium is drafted, theres no end in sight.. 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. 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. 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. What an interesting case, Judge Laurel Beeler told lawyers Thursday morning, in a courtroom where about 20 property owners and tenant advocates observed quietly. A statewide ban on evictions for non-payment of rent during the pandemic ended April 1. He said he tried unsuccessfully to sell the building, his only rental property, but the prospective buyer only wanted it if the renters left. Copyright 2023 NBCUniversal Media, LLC. 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. Landlords argue in court to end Oakland and Alameda County Dear Abby: I have a great life, so why have I fallen into this shameful behavior? Applications can be found athttps://www.ac-housingsecure.org. Frequently Asked Questions and Answers for Alameda 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. Thank you. Up-to-date information can be found on theEast Bay EDA website. 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. Phone Directory The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. Serving the needs of the homeless community as the lead agency in the countywide homeless collaborative and Alameda County Q: What is"financialdistress" for residential tenants?A:This means loss of income or increased expenses due to COVID-19. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the COVID-19 pandemic. This protection remains in place until 30 days after the declared state of emergency is over. December 2022 Ending the Alameda County Eviction Moratorium 201, Legal Assistance for Seniors: (510) 832-3040, Housing and Economic Rights Advocates: (510) 271-8443, ext. Eviction Housing is Key:https://housing.ca.gov/ (Download the declaration athttps://bit.ly/32W0XRp.). | Eastmont Mall's history | OUSD union negotiations | We're now publishing free obituaries. partnering Alameda County silences landlords, dismisses concerns over Most landlords are willing to help renters with genuine needs, but some tenants have been taking advantage of the ban. Financial assistance covers past due rent and utility bills, as well as future rent. 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. 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. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. 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. That means they will be lifted after officials in the city and county declare the COVID-19 crisis over. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. How renters will be protected when Oaklands eviction ban ends in July Housing is Key includes information on eviction protections, applications for tenants and landlords to apply for rental relief, and foreclosure assistance for homeowners. The policy was aimed at protecting tenants whose financial situation was affected by COVID and were at-risk of becoming unhoused. 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. In June 2021, the state set aside new money for rent relief. 02-22-05. Her message: If you can pay your rent, you should pay it.. endobj If you get a summons from the courthouse, you have five days to respond. 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. 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 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. 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. Learn more. In addition to not paying rent thats due starting May 1, your landlord can also now attempt to evict you based on your behavior during the moratorium, says Starratt. 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. All Access Digital offer for just 99 cents! April 25, 2023 Update: The Alameda County Eviction moratorium is set to expire on April 29, 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. 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. Prior to joining the organization, he was an investigative reporter at The Virginian-Pilot, where he covered state government, the military and criminal justice. The 60-day countdown to expiration began February 28 and expires as of April 29, 2023. In Oakland, its landlords who are unhappy with a plan to end eviction ban Thank you for supporting The Oaklandside and being a part of our community. 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 Gov. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. Until the Alameda County eviction moratorium expires, which is anticipated to be on April 29, 2023. However, we encourage tenants to regularly check the Alameda County Housing Secure website at ac-housingsecure.org for the most current information about the moratorium. Can I be evicted if I cant pay rent because of the COVID-19 pandemic? Alameda, CA 94501 Keep reading for what to know about the end of the eviction moratorium in Alameda County. Oakland and Alameda Countys eviction moratoriums are still in effect News about Californias eviction and rent relief programs has caused some confusion for local WebThe Alameda County Board of Supervisors has enacted a temporary moratorium on evictions countywide in response to the Coronavirus (COVID-19 ) pandemic. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. The only no" vote was for ending the moratorium even sooner. They might say, No, thats not legal. 2023 FOX Television Stations, until MON 5:00 AM PDT, San Francisco Bay Shoreline, High Stakes: Sports Betting in California. Alameda County 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. Expanding the supply of affordable housing for lower income renters and owners, including first-time 3 0 obj Under these protections, landlords cant file an eviction without first trying to get rent relief for the tenant. Currently, local law establishing these tenant protections, including residential eviction protections, remain in place. 02-20-13, FY 2020-23 On-Call Striping and Signage Contract, RFP: Cleaning & Maintenance of Park Street, Webster & Marina Village, Specs/Plans: Alameda Shoreline Park Pathway Lighting, P.W.No. Legal Q & A May 2023 By Richard Beckman, Esq. - AOAUSA Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. 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. 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 May 5, 2022 Whitney Prout CAA Legal and Compliance Counsel The California Apartment Association on Thursday filed a lawsuit in federal court against Alameda County, alleging that its eviction moratorium infringes on rental housing providers constitutional rights and violates state law. Members of the Alliance of Californians for Community Empowerment (ACCE) said in a statement they were very concerned about ending the moratorium. 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. To learn more about your rights and apply for representation, contact them using. eviction moratorium 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. Housing & Homelessness Landlords argue in court to end Oakland and Alameda County eviction moratoriums A federal judge is expected to issue a decision The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. Oaklands moratorium went into effect on March 27, 2020, banning most evictions shortly after the local COVID-19 lockdown began. The material in this communication may be subject to copyright under the Act. This material may not be published, broadcast, rewritten, or redistributed. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. Although Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. 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. However, it doesnt mean that the states rental protections go away. Housing & Community Development Department - Alameda Housing is Key is the State of Californias COVID-19 housing relief portal. Peninsula landlord charged with discriminating against family with young children eviction Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. The lawsuit says the policies have caused harm and financial challenges for small property owners like plaintiff John Williams, who ended up in the hospital from the stress of losing the $1,500 monthly rental income from a tenant in his West Oakland duplex and the fear of facing foreclosure. Some local moratoria remained, but many of those have expired or are expiring soon. Otherwise, the landlord can charge a late fee. It could drop a bomb on rent control, Zinn said. 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). 2 0 obj The Oaklandside relies on reader support to remain free for everyone in our community. 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. 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. However, the Alameda County Temporary Eviction Moratorium expired September 2021. We have received more requests than we currently have funds available. Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. WebSeptember 2022 Ending the Alameda County Eviction Moratorium Month: September 2022 The Homeless Problem in Alameda County is too big Eviction Moratorium The Board of Supervisors has not discussed ending the Public Health Emergency Order and has not scheduled this discussion yet. Senate Budget and Fiscal ReviewNancy Skinner, Chair Were journalists for Oakland. A donation to The Oaklandside goes beyond the newsroom. Alameda County COVID-19 Eviction Moratorium 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. 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. Theres anywhere from $125 million to $300 million worth of outstanding rent thats owed in the county, said Starratt. Their landlord could serve them with a three-day notice to pay or quit.. 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. The Jains received aid from the Fremont relief fund for 12 months of rent, but the tenant is still at least $58,000 behind. Alameda County argued the plaintiffs theory that an eviction moratorium is a physical taking of property is flatly inconsistent with the United States Supreme Courts repeated holdings that only a government-compelled invasion by strangers can trigger the narrow physical takings doctrine. Housing | After the hearing, Protopappas said 20% of Madison Park tenants currently owe the corporation missed rent, compared to an average of under 1% before the pandemic. (The tenant cant be evicted for failing to pay a late fee.). 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. 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. 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