alameda county eviction moratorium 2022

Alameda County ended its moratorium on evictions Saturday, a policy it first put in place in March of 2020 in response to the pandemic. If you qualify, but fail to submit an application, you may face an eviction. Housing Providers of America was incorporated early this year by John Protopappas, a prominent local developer and CEO of Madison Park Financial, which owns numerous rental properties in Oakland and elsewhere. Currently, local law establishing these tenant protections, including residential eviction protections, remain in place. Their landlord could serve them with a three-day notice to pay or quit.. 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). "cgy(2yoF?x~'`op8+8>W(]>`oolo}]~A(F4OXJ` LI!^c.JHY-3*`B|}l6C?547,=0CgC[vAf=xju_X50 VVt,?s(+8&)%K%ZpE:>|]4\~?5o[6O Kdk~0B&UKzJI*Lip`f9@by>j~\ls \f~Zc3gkxxy The legal protection from the financial distress declaration and paying 25% of the rent just means that tenants can't beevictedfor nonpayment of rent owed through September 30, 2021. Click here for resources for tenants and property owners: ac-housingsecure.org. 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 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. Under these protections, landlords cant file an eviction without first trying to get rent relief for the tenant. 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. Those contracts will be going before the Alameda County Board of Supervisors hopefully before the end of May in order to help those landlords that didnt get paid., We really dont want landlords to lose their properties, so were trying to get some of these resources into the community, Starratt said. Housing & Community Development Department. 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. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. If you business address is located in a City, please contact that city for their ordinance information. Even though her boyfriend lost income during the pandemic, Garcias household has been able to make rent payments, she said. 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? 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. 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. Who Can I Talk to? Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). If you Q: Is there rent protection for commercial tenants?A:During COVID, commercial tenants had an eviction defense for unpaid rent that was due to a "substantial loss of income." At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. The protections were established by Alameda County in 2020 as a way to protect renters from the It could drop a bomb on rent control, Zinn said. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. Were journalists for Oakland. It essentially bans all evictions, either for nonpayment or other reasons, to keep renters from being displaced during the health crisis. 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. As long as tenants have applied for rent relief before April 1, their protectionextends through June 30, 2022. 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Your offices recent calling out of Oakland for seeking to shirk its responsibility over housing Read 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. 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. But there have been lengthy delays and other problems with the distribution of those funds, and many households are still awaiting their payments. I dont want to give tenants [in those cities] the impression that they are 100% safe, said Starratt. City Hall Address 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. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. The material in this communication may be subject to copyright under the Act. Housing | New tenants moved into the house in January 2020, and have yet to pay rent, the suit said. seq. WebHon. The release takes effect as soon as the landlord receives the payment. Examples include increased health costs, added childcare or caring for a family member, or less work hours. However, it doesnt mean that the states rental protections go away. Your donation goes beyond supporting our journalism. 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. Related Articles Watch our website navigation videos and get the most out of caanet.org! 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 Board of Supervisors has not discussed ending the Public Health Emergency Order and has not scheduled this discussion yet. Joining CAA will help you comply with laws and regulations that you need to understand for the protection of your rental housing business. 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 council meeting, which went on past midnight, ended with the council voting 7 to 1 to phase out the eviction moratorium starting July 15. Tenants were given until December 30, 2021 to pay rent that has not been paid. The Oakland City Council made a late-night decision Tuesday toward ending the city's moratorium on evictions. Thus, 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. Its important to remember the original purpose of the COVID-19 Alameda County eviction moratorium, said Starratt: This was not a rent strike. As for Oakland, no changes, and its moratorium remains in place. WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. (The tenant cant be evicted for failing to pay a late fee.). <> stream This protection remains in place until 30 days after the declared state of emergency is over. To learn more about your rights and apply for representation, contact them using. It is also a colossal waste of resources by the corporate landlord lobby, said ACCE legal director Leah Simon-Weisberg. There are no stay-at-home orders, businesses are no longer closed. Although Californias eviction protections for tenants with pending rental assistance applications ended June 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. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. Although Alameda County no longer has an eviction on moratoriums, some cities within the county like Oakland and Berkeley maintain separate eviction policies. A federal judge is expected to issue a decision soon about the legality of pandemic eviction bans meant to prevent homelessness. Demand for Legal Aid Services. (510) 747-7400 Natalie lives in Oakland, grew up in Berkeley, and has only left her beloved East Bay once, to attend Pomona College. Members of the Alliance of Californians for Community Empowerment (ACCE) said in a statement they were very concerned about ending the moratorium. 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. A tenant not paying their rent is grounds for eviction, said Starratt in an interview with KQED. 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. The City Council has prohibited no-fault evictions until 30 days after the local emergency expires. If all unpaid rent is not paid by that date, the landlord may get a court judgment for the unpaid amount. The policy was aimed at protecting tenants whose financial situation was affected by COVID and were at-risk of becoming unhoused. That means they will be lifted after officials in the city and county declare the COVID-19 crisis over. Keep reading for what to know about the end of the eviction moratorium in Alameda County. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. Its really important that you respond because if you dont, you wont actually have any protections, she said. 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. 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. The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. The The federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. A donation to The Oaklandside goes beyond the newsroom. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! Landlord Policies and Practices / Legal Compliance, Cities endobj OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. 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. Sign up to be contacted about future rental assistance programs. 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. Qualifies for 1 Unit of CCRM Continuing Education Credit for current CCRM Certified Individuals. This story contains reporting from KQEDs Rachel Vasquez and Carly Severn. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. The Alameda County Eviction Moratorium is expressly permitted by state legislation under section 1179.05 et. This means that tenants are expect to pay monthly rent on May 1, 2023. of the California Code of Civil Procedure. Dear Abby: I have a great life, so why have I fallen into this shameful behavior? 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 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. Tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. partnering Housing | Madison Park came under fire earlier in the pandemic for issuing 150 eviction notices for non-payment while the moratorium was in place, though it was during a period of confusion around the requirements of the state law. Categories The state emergency rental assistance program, a $5.5 billion aid package to landlords and renters, stopped accepting new applications in March 31. Attorney General Bonta provides the following information to help Californians understand the He's won national awards for his investigations and feature stories. During a public comment period, more than 100 people addressed the council, including tenants, who said the council decision favors landlords. If you get a summons from the courthouse, you have five days to respond. Los Angeles Countys protections expired on March 31, 2023, and Alameda Countys are set to expire at the end of April Alameda County Temporary Commercial Eviction Moratorium. 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. Attorney Matthew Zinn said he couldnt answer that, but commented that the state and federal declarations of emergency are still in place. 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). Sign up for our daily newsletter. 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.. 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. All Access Digital offer for just 99 cents! Tenants with unpaid rents accumulated during the moratorium may not be evicted for such unpaid rents but landlords may still pursue unpaid rent in small claims court. 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. Oaklands moratorium went into effect on March 27, 2020, banning most evictions shortly after the local COVID-19 lockdown began. What we saw was a rapid rise in evictions and displacement.. 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. We have received more requests than we currently have funds available. Dear Abby: Am I overreacting to my European daughter-in-law's behavior? To help keep our streets clean from debris and safe for all modes of travel, the City will resume street sweeping service according to posted schedules this Monday, June 15, 2020. 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. 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. P.W. Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. 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. Expanding the supply of affordable housing for lower income renters and owners, including first-time 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. County supervisors and a county attorney did not return messages Thursday seeking comment. J5T. WebFor unpaid rent between March 1, 2020, and November 17, 2022, local rental protections provide that tenants have an affirmative defense to an eviction action if the non-payment Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was Thus, Alameda Countys pandemic-era eviction moratorium will remain in effect through April 29. However, attorneys for the city and county said the state law permitted local jurisdictions to keep their stricter eviction moratoriums, so long as the policies were passed before the state law went into effect. Applications can be found athttps://www.ac-housingsecure.org. 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. 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. Fifty-seven percent said they would pursue rent debt through small claims court. 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%. 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. 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..

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