alameda county eviction moratorium 2022

To learn more about your rights and apply for representation, contact them using. 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. Alameda, CA 94501 I Still Have Questions About The City's Laws For renters. Rents for this period are subject to the eviction protections described above. 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. Financial assistance covers past due rent and utility bills, as well as future rent. Natalie Orenstein covers housing and homelessness for The Oaklandside. If you get a notice from your landlord, time is of the essence for you to respond, says Starratt. Alameda County Housing Secure is a collaborative of legal service providers partnering to prevent the displacement of our vital community members throughout Alameda County. 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. The language for the new form is in section 15 of AB 832. This means that starting Sunday, April 30, tens of thousands of Alameda County residents must pay rent for the first time in three years. 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 federal eviction moratorium was in place until August 2021, and the states eviction protections ended in June 2022. % The Alameda County moratorium, enacted in March 2020, is one of the few surviving protections in the state. Housing & Community Development Department. After three years, Alameda County ended its pandemic-era moratorium on evictions Saturday. A second and final city council vote is still needed, and that's expected on May 2. The council 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? Councilmembers Nikki Fortunato Bas and Dan Kalb, and City Attorney Barbara Parker, who sponsored the citys moratorium, argued it was By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. Alameda / Berkeley / Oakland. All rights reserved. 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. ERAP@acgov.orgCall Centro Legal de la Razas ACHS phone hotline at (510) 994-0733 for additional information. OAKLAND, Calif. - The Oakland City Council early Wednesday morning made a decision toward ending the city's moratorium on evictions. The local and state COVID-19 emergency rent assistance programs still have funds available, and renters and landlords are encouraged to apply. A judge could kick that part of our [Alameda County] ordinance out. If you are a tenant at risk of eviction or displacement, you may qualify for legal services under AC Housing Secure. The protections were established by Alameda County in 2020 as a way to protect renters from the financial fallout of the COVID-19 pandemic. Sign up to be contacted about future rental assistance programs. Preserving the county's housing stock through rehabilitation and repair assistance programs. 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). ", 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.". Alameda County 2023 All Rights Reserved Legal / Disclaimers Accessibility, Neighborhood Preservation & Sustainability, 2023 Annual Action Draft for Public Comment. Even though her boyfriend lost income during the pandemic, Garcias household has been able to make rent payments, she said. Phone Directory Housing is Key is the State of Californias COVID-19 housing relief portal. CAA helps members succeed by providing easy access to compliance information and forms, advocacy, and education. This also means that evictions for non-payment In June 2021, the state set aside new money for rent relief. Any suspected fraud in connection with the Alameda County Housing Secure Program should be reported for immediate review. Ignoring the pleas of local housing providers, the Alameda County Board of Supervisors on Tuesday rejected a proposal to discuss potential changes to the If you get a summons from the courthouse, you have five days to respond. A tenant not paying their rent is grounds for eviction, said Starratt in an interview with KQED. Louis Hansen covers housing issues for the Bay Area News Group and is based at The Mercury News. Landlord Policies and Practices / Legal Compliance, Cities Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. 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. All Access Digital offer for just 99 cents! To get more information about the State's rental assistance program visithttps://housing.ca.govor call 1-833-430-2122. The reporters and editors on The Oaklandside are dedicated to sharing the mic, reporting on systems, not symptoms, and providing you with the information you need to be an informed resident of our city. While the State of Californias Eviction Moratorium ends today, September 30, 2021, the Alameda County local eviction moratorium remains in effect. 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. 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. The over-income tenants need to help us by paying their rent.. While additional funding may become available, the Program cannot guarantee Rental Assistance for households that applied after March 31, 2022. Across Alameda County, rental housing providers remain prohibited from evicting a tenant for practically any reason. <> 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. 1 0 obj 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. Thousands of tenants in Oakland and across Alameda County will be rendered homeless if it is ended. 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. 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. 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. (The tenant cant be evicted for failing to pay a late fee.). COVID-19 Rent Relief Resources for Alameda County Residents: Alameda County Housing Secure:www.ac-housingsecure.org Its a little odd, at this stage in the pandemic, to have an ordinance with no end date, she said. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). 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. 2023 FOX Television Stations, until MON 5:00 AM PDT, San Francisco Bay Shoreline, High Stakes: Sports Betting in California. Housing is Key includes information on eviction protections, applications for tenants and landlords to apply for rental relief, and foreclosure assistance for homeowners. Dear Abby: I have a great life, so why have I fallen into this shameful behavior? In addition, free business counseling and technical assistance services are available to Alameda businesses from the following organizations: . Click here(PDF,239KB)to download a PDF of this FAQ. 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. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. 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. 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. 3 0 obj 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. This means that starting Sunday, April 30, tens of thousands of How renters will be protected when Oaklands eviction ban ends in July The Moratorium covers all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol and parts of East County). The At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. 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. At 11:59 p.m. on Saturday, April 29, Alameda Countys eviction moratorium expired. 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. Sign up for NBC Bay Areas Housing Deconstructed newsletter. Examples include increased health costs, added childcare or caring for a family member, or less work hours. 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. In Oakland, its landlords who are unhappy with a plan to end eviction ban A statewide ban on evictions for non-payment of rent during the pandemic ended April 1. Keep reading for what to know about the end of the eviction moratorium in Alameda County. by soddie | Sep 30, 2021 | Current News, News & Announcements. Original Broadcast Date: July 2022On-Demand Cost: Free to CAA Member/ $49 Non-MemberEstimated Course Length: 30 mins. 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 will be contacted by an application coordinator once your application has been selected for processing. That means they will be lifted after officials in the city and county declare the COVID-19 crisis over. Tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. 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. (Download the declaration athttps://bit.ly/32W0XRp.). The states most powerful landlord group, the California Apartment Association, on Thursday sued Alameda County to end its broad eviction moratorium. J5T. There are no stay-at-home orders, businesses are no longer closed. Housing | Although Californias eviction protections for tenants with pending rental assistance applications ended June Alameda County Housing Secure has referrals to agencies that can help you mediate that type of agreement. To receive this assistance, the landlord and tenant must enter into this agreement: the tenant pays 100% of past rent, in exchange for the landlord releasing any claims (1) for nonpayment of rent (during the period for which rental assistance is provided), or (2) to evict the tenant. Applications can be found athttps://www.ac-housingsecure.org. The case is very similar to the other actions that have failed thus far.. 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. 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. with homeless service providers. 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 WebAlthough Californias eviction protections for tenants with pending rental assistance applications ended June 30, 2022; Alameda Countys stringent eviction moratorium remains in effect. I dont want to give tenants [in those cities] the impression that they are 100% safe, said Starratt. However, the Alameda County Temporary Eviction Moratorium expired September 2021. Newsom: In some of your most recent moves, youre doing a lot to help the homeless. We have received more requests than we currently have funds available. 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. As for local law, the City Council has adopted a number of tenant protections that expire a specified number of days after the City Council lifts the local emergency. Theyre not considered low-income and they didnt pay their rent during COVID, and that is a problem.. Expanding the supply of affordable housing for lower income renters and owners, including first-time 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.. Enough is enough, she said. The Alameda County Eviction Moratorium is expressly permitted by state legislation under section 1179.05 et. 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The Oakland City Council made a late-night decision Tuesday toward ending the city's moratorium on evictions. The California Apartment Association, a statewide landlord lobbying group, is also participating in the lawsuit. 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. 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. During a public comment period, more than 100 people addressed the council, including tenants, who said the council decision favors landlords. Both California's and Alameda County's COVID-19 health emergencies ended on February 28, 2023. ACCE members rallied outside the courthouse before the hearing, talking about the challenges theyve faced during the crisis and with unsympathetic or abusive landlords. 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. The current law, set to expire Thursday, says a judge must pause an eviction proceeding if a rent relief application is pending. Without a lawsuit, this is not going to change, he told The Oaklandside. This means that tenants are expect to pay monthly rent on May 1, 2023. 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. Is there any end in sight, from a policy perspective? Beeler asked a county lawyer during the hearing. Mallory Homewood, Policy & Compliance Counsel, California Apartment Association, Whitney Prout, Policy & Compliance Counsel, California Apartment Association. The release takes effect as soon as the landlord receives the payment. The state emergency rental assistance program, a $5.5 billion aid package to landlords and renters, stopped accepting new applications in March 31. The moratorium covered all commercial tenants/properties in the unincorporated area (Ashland, Castro Valley, Cherryland, San Lorenzo, Fairview, Sunol, and parts of East For more information please click here. Her message: If you can pay your rent, you should pay it.. Supporters for ending the moratorium in July said they will give needed time to educate tenants and make legal referrals. 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. If you business address is located in a City, please contact that city for their ordinance information. For more information on the Alameda County Eviction Moratorium, please visit theAlameda County Housing and Community Developmenthome page. Housing is Key:https://housing.ca.gov/ The policy was aimed at protecting tenants whose financial situation was affected by COVID and were at-risk of becoming unhoused. Your donation goes beyond supporting our journalism. 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 California Apartment Association980 Ninth Street, Suite 1430Sacramento, CA 95814, toll free: 800-967-4222 fax: 877-999-7881 membership@caanet.org. 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.. 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 The budget also included $250,000 for legal aid organizations to prepare for implementation of the CARE Act. 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 county is open for business in every other way, said Whitney Prout, staff attorney for the California Apartment Association (CAA). A successful challenge to the ban, she said, will allow us to go after the bad actors.. Alameda County Temporary Commercial Eviction Moratorium. At the beginning, [the moratorium] was a no-brainer, to help the tenants impacted, Williams 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. 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. 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. The 60-day countdown to expiration began February 28 and expires as of April 29, 2023. But there have been lengthy delays and other problems with the distribution of those funds, and many households are still awaiting their payments. The landlords in the suit describe loss of income and financial hardships because they have been unable to displace their tenants. The dashboard below gives a snapshot of the programs progress to date. COVID-19 protections and assistance for renters are being phased out across the state. 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. Each application is evaluated and prioritized based on those most at risk of homelessness, including small landlords. 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.

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