Oakland presently has Applicability and Exemptions. The Just Cause for Eviction Ordinance (Ordinance) We amplify community voices, share information resources, and investigate systems, not just symptoms. Weve already seen the effects of the Alameda County moratorium sunsetting and the massive amounts of evictions that are being filed. disabled catastrophically ill The owner wants to remove the unit from the market through the Ellis Act. A donation to The Oaklandside goes beyond the newsroom. On November 6, 2018, Oakland voters passed Measure Y to amend the Just Cause for Eviction Ordinance. This ordinance defines 10 good or just causes for an eviction as the following: 1. Sign up for our daily newsletter. That means the tenants could still be evicted at any time for their own actions, like skipping rent payments or damaging the property, but owner move-in evictions and others that are not the renters fault would need to wait until summer break. for the new construction of the unit or building in which the rental unit(s) is contained The measure would continue the work started with the 2016 $600 million bond Measure KK. 5. No. Oakland RESIDENTIAL RENT ADJUSTMENTS AND EVICTIONS: Article II. The Eviction Moratorium ends on July 15, 2023. However, there are still some Rental units in a nonprofit facility which provides a structured living environment Only those sections where the Housing, Residential Rent and for independent living in permanent housing and where occupancy is restricted to a The numbering system follows the codified version of the Just Cause Ordinance. 4. At this point, the best recourse for landlords is to go to small claims court to obtain the back rent owed from those tenants, Starratt said at the time. Tell us, and you could see your question answered online or on social media. There are 6. Your donation makes this and all our other local reporting possible. Whereas, the laws of the State of California and the Housing Element of the General Plan of the city of Oakland prohibit arbitrary discrimination by landlords, and Whereas, the right to occupancy of safe, decent, and sanitary housing is a human right, and Removes the Just Cause Exemption for Owner-Occupied Duplexes and Triplexes The Oakland City Council on Tuesday approved this update to its Just Cause for Eviction Ordinance, which spells out permissible reasons for removing a tenant from a Oakland, California, Just-Cause Eviction Requirements and Whereas, the laws of the State of California and the Housing Element of the General Plan of the city of It was approved . City of Oakland | Read the Just Cause for Eviction Ordinance Municode Library It is for them to provide information about the tenancy that they currently have.. Oakland The Oakland Residential Rent Adjustment Program applies to all rental units in Oakland with the following exceptions: Dwelling units in subsidized housing, including units where tenants are using Section 8 vouchers; KQEDs Rachel Vasquez, Azul Dahlstrom-Eckman and Alexander Gonzalez contributed to this reporting. Leah Simon-Weisberg, legal director of the Alliance of Californians for Community Empowerment (ACCE), said her organization is expecting to see a lot of evictions filed.. The move comes after Alameda County ended its public health emergency and its own eviction moratorium back in April. The Oaklandside relies on reader support to remain free for everyone in our community. Just Cause Were all terrified to see [the moratorium] sunset, said Anne Tamiko Omura, executive director of the Eviction Defense Center (EDC). These are phrases commonly used in legislationreasonable, material.. Oakland Court proceedings can be costly and time-consuming, she said. Thank you. When Alameda Countys eviction moratorium expired back in April, Michelle Starratt, housing director for Alameda County, said there was between $125 million and $300 million in outstanding rent owed throughout the county even with the federal and state assistance that had paid some of the back rent. Latest version. Jump to more resources available to renters in Oakland. The tenant has not paid their rent. 87325, 1, 7-24-2018; Res. Latest version. The beginning of the end of Oaklands eviction moratorium? 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. Two decades ago, Oakland voters approved a tenant protection law, called the Just Cause for Eviction Ordinance. Chapter 8.22. Web 8.22.300. Staff said a survey conducted around the measure found that residents are wary of increased taxes that could be necessary to pay back bond debt. Oakland 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. WebOakland is a just cause city. Just Cause for Eviction Ordinance (Measure EE) 8.22.350. The term of tenancy is reasonable, legal, and was accepted in writing by the tenant. Oakland eviction Another challenge landlords are facing is the sheer size of outstanding rent owed throughout the city. On Tuesday, Bas said that codifying the rule in city law was an important step to prevent frivolous eviction attempts from occurring in the first place, regardless of whether theyd eventually be decided in the tenants favor or not. its own eviction moratorium back in April, evictions spiked after the countys moratorium was lifted, rising to above pre-pandemic highs, having a higher percentage of renters compared to the county as a whole (PDF), Alliance of Californians for Community Empowerment (ACCE), three renter protections Oakland put into place in 2020, landlords will be able to evict for nonpayment of rent moving forward, it has to be a violation that causes substantial injury to the landlord, proof of your COVID-related loss of income or increase in expenses to your landlord, tenants and landlords to enter into repayment negotiations (PDF), the citys rental assistance program administered $60 million in assistance, but that these funds have not been fully utilized, Building Opportunities for Self-Sufficiency, East Bay Asian Local Development Corporation, to register their units in the citys rent registry, clear, practical explainers and guides about COVID, how to exercise your right to protest safely. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Simon-Weisberg, from ACCE, says that many tenants are being pressured by landlords who say theyll forgive the debt if the tenant agrees to move out. The Just Cause f Ordinance prohibits evictions without just cause for residential rental units in Oakland that were completed and first offered for rent on or Starting July 15, landlords in Oakland can now evict renters or terminate tenancies for any just cause, including for not paying rent. If you are someone who pays rent on the first of the month, be aware that your landlord could technically ask you on July 15 to pay half of your July rent. Thank you for supporting The Oaklandside and being a part of our community. Oakland is a Just Cause for Eviction city. Oakland Official Website for the City of Oakland | Mayor Sheng Thao. The money we have left is not enough.. The tenant has not paid their rent. and the housing is provided incident to the recovery program, and where the client 2. The registration is not for them to register an eviction lawsuit. Measure V would amend that law. Oakland 8.22.300. Just Cause for Eviction Introductory Clauses. - eLaws Natalie Orenstein covers housing and homelessness for The Oaklandside. We amplify community voices, share information resources, and investigate systems, not just symptoms. Oakland presently has JUST CAUSE FOR EVICTION However, that does not mean that you will be evicted! By Joseph Tobener Am I covered by Oakland Rent Control? So what do you need to know about Oaklands eviction moratorium expiring? Oakland All rights reserved. A subsequent speaker, Rachel Beck, noted that this conduct would likely qualify as substantial injury, still allowing Pascal to evict under the new policy. However, applications are now closed though the program is administered through the following local nonprofits, many of which also offer legal assistance: Oakland has done everything it can to try to get more money. Supporters of the new substantial injury rule say it will prevent landlords from using technicalities in the fine print of a lease agreement as an excuse to kick someone out. WebJust cause eviction protections would strengthen and effectuate existing rent control legislation in Oakland as landlords are able to use no cause evictions to evade the Oakland Residential Rent Arbitration Ordinance. 8.22.300) . The amendment would: Extend certain eviction protections to tenants in all units including RVs and accessory dwelling units (ADUs), except for the first 10 years after the unit is constructed. The owner wants to move back into the unit, if allowed by a written agreement with the tenant or it is allowed by the lease. It was approved . However, that does not mean that you will be evicted! Just Cause for Eviction Introductory Clauses. See the details of what will change for Oakland renters and landlords starting July 1 on the city of Oaklands website. Thank you for supporting The Oaklandside and being a part of our community. Oakland Kalb said the idea of giving landlords more power to remove tenants from ADUs came from discussions with property owners who said theyd be less likely to build cottages if they were immediately covered by the eviction law. The Just Cause for Eviction Ordinance (Ordinance) generally prohibits landlords from evicting tenants from residential rental units covered by the Ordinance Rental units in a residential property where the owner of record occupies a unit in On November 6, 2018, Oakland voters passed Measure Y to amend the Just Cause for Eviction Ordinance. On November 8, 2022, Oakland voters passed Measure V to amend the Just Cause for Eviction Ordinance. Rental units in a nonprofit facility that has the primary purpose of providing short WebOakland: Code of Ordinances: Title 8. Weve published clear, practical explainers and guides about COVID, how to cope with intense winter weather and how to exercise your right to protest safely. Oakland Whereas, the laws of the State of California and the Housing Element of the General Plan of the city of Oakland prohibit arbitrary discrimination by landlords, and Whereas, the right to occupancy of safe, decent, and sanitary housing is a human right, and HEALTH AND SAFETY: Chapter 8.22. Oakland Except if the tenant is: 9. Sign up for The Oaklandsides free daily newsletter. of this Chapter. 8.22.300 Just Cause for Eviction Introductory Clauses. WebJust cause eviction protections would strengthen and effectuate existing rent control legislation in Oakland as landlords are able to use no cause evictions to evade the Oakland Residential Rent Arbitration Ordinance. (Res. Just Cause for Eviction Ordinance Councilmember Rebecca Kaplans proposal would have applied the citys vacation rental tax to longer-term stays of 31 to 90 days in addition to standard, shorter visits. disabled catastrophically ill The owner wants to remove the unit from the market through the Ellis Act. has been informed in writing of the temporary or transitional nature of the housing There are several In the rest of Alameda County, evictions spiked after the countys moratorium was lifted, rising to above pre-pandemic highs. The owner wants to perform substantial upgrades to the unit which cannot be completed with the tenant living there. WebHomeowners Developers Oakland Eviction Moratorium Phase-Out The Eviction Moratorium ends on July 15, 2023. However, this development regarding back rent comes with two big caveats. The owner wants to remove the unit from the market through the Ellis Act. 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. City of Oakland | Housing & Community Development Oakland Eviction Moratorium Phase-Out. the effective date of this Chapter but where any such rental unit has not yet been vacated or an unlawful detainer judgment has not been issued as of the effective date Copyright 2023 by eLaws. Just Cause for Eviction ordinance Oakland is a Just Cause for Eviction city. Tamiko Omura, from the EDC, said that her group is advising renters to do the best they can to pay their rent for the month of July and to contact a legal service provider if they get any paperwork as soon as possible. Often, if you receive an eviction notice or summons, you have to respond within three days or face losing the opportunity to make your case. Applicability and Exemptions. No landlord shall endeavor to recover possession, issue a notice terminating tenancy, or recover possession of a rental unit in the city of Oakland unless the landlord is able to prove the existence of one of the following grounds: 1. I invite you to take the properties off my hands and try to deal with these limits and constraints youre putting on me.. WebOakland: Code of Ordinances: Title 8. Landlords should be aware that if their property is under rent control, they are now required to register their units in the citys rent registry. was finalized prior to occupancy shall be used. Your donation goes beyond supporting our journalism. Reid said she abstained because there are a number of questions weve not gotten clarity on about evictions and legal services for landlords and renters. 8. Oakland Eviction Moratorium Phase-Out. WebHomeowners Developers Oakland Eviction Moratorium Phase-Out The Eviction Moratorium ends on July 15, 2023. However, there are still some protections in place for tenants. WebMeasure V would amend the Just Cause for Eviction Ordinance to establish new tenant protections for Oakland renters. Oakland presently has no The amount of rent demanded cannot be less than one month of fair market rent for a unit of equivalent size in the Oakland metro area as determined by the U.S. Department of Housing and Urban Development. Natalie Orenstein covers housing and homelessness for The Oaklandside. The new proposal would eliminate one of the just causes, which currently says a tenant can be evicted for refusing to sign an identical lease when the old one expires. San Leandro eviction moratorium:The eviction moratorium in San Leandro will end July 31. cause To learn more about how we use your information, please read our privacy policy. disabled catastrophically ill The owner wants to remove the unit from the market through the Ellis Act. Oakland landlords can also resume charging their tenants late fees for late rent payments moving forward but this does not include late payments during the moratorium period. A unit that is held in trust on behalf of a developmentally disabled individual who document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your support is powering our newsroom! This week, Jenkins not only supported the item but even co-sponsored it with Bas. Another potential ballot measure could raise $850 million for affordable housing, transportation infrastructure, and city facilities. Keep reading for details on who can be evicted in Oakland and what renter protections continue to exist after July 15. And I think well be going into a period of trying to really help people figure out what to do about the debt.. WebMeasure V would amend the Just Cause for Eviction Ordinance to establish new tenant protections for Oakland renters. The Oakland Residential Rent Adjustment Program applies to all rental units in Oakland with the following exceptions: Dwelling units in subsidized housing, including units where tenants are using Section 8 vouchers; Several rental property owners criticized the measure, including one who accused the council of over-regulation. There is currently a COVID-19 moratorium on almost all evictions in effect, though the policy will eventually be lifted. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. So we really want to encourage folks to hang tight. The state coverage was not enough. Oakland The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice. The city of Oakland is also encouraging tenants and landlords to enter into repayment negotiations (PDF). 86320, 2, 7-19-2016; Ord. 8.22.300) . To this end, the Oakland City Council did approve a just cause ordinance, which says that the landlord must show that the lease violation is based on a reasonable term that the tenant accepted in writing and it has to be a violation that causes substantial injury to the landlord. Major exemptions: The landlord lives in the unit with the tenant and shares a bathroom or kitchen; or Property was built in the last 10 years Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window). However, there are still some protections in place for tenants. WebOakland is a just cause city. A third housing-related ballot measure proposal was pulled from the agenda at the start of Tuesdays meeting. WebHomeowners Developers Oakland Eviction Moratorium Phase-Out The Eviction Moratorium ends on July 15, 2023. Until that date, all rent increases will remain prohibited. the same property as his or her principal residence and regularly shares in the use WebThe following regulations address portions of the Just Cause for Eviction Ordinance (Just Cause Ordinance). The change comes about a month before Oaklands COVID-19 eviction moratorium is set to expire on July 15. Oakland Bas and Councilmember Dan Kalb had tried unsuccessfully to pass a version of this policy in April at the same meeting when the council set an end date for the moratorium. However, that does not mean that you will be evicted! First, tenants cannot be evicted for any back rent owed between March 9, 2020, and July 14, 2021, if they can show that the missed payment was due to financial hardship caused by the COVID-19 pandemic. We really dont want landlords to lose their properties, so were trying to get some of these resources into the community, Starratt said. Its not enough, said Tamiko Omura. Were working really hard to get the message out that you cant be evicted for the rent that people may have accrued during the pandemic, she said. Oakland The revenue from the general obligation bond would help the city chip away at a whopping $6.5 billion in capital improvement needs, according to staff. Most cities in California that have just-cause protections dont have any exemption for new construction, said Councilmember Dan Kalb, the sponsor of the proposed measure along with Councilmember Carroll Fife. The new policy also requires landlords to demonstrate that the tenants conduct was unreasonable. Property owners are already required to send a written warning to renters about the violation, giving them a chance to correct their behavior before an eviction attempt. Learn more, Landlords trying to evict over a lease violation will have to prove that it caused them substantial actual injury., Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window). However, that does not mean that you will be evicted! Municode Library Currently, the eviction protections apply only to buildings constructed before 1996. Only those sections where the Housing, Residential Rent and Relocation Board (Rent Board) adopted regulations are included. Major exemptions: The landlord lives in the unit with the tenant and shares a bathroom or kitchen; or Property was built in the last 10 years Council will decide Tuesday, Oaklands eviction moratorium will end July 15, Proudly powered by Newspack by Automattic. The The eviction measure was significantly scaled back from the initial proposal, now exempting new housing from the tenant protections for the first 10 years after its built.Original story, July 6: At a marathon City Council meeting Tuesday, Oakland officials debated two potential housing-related ballot measures for the November election, including an expansion of eviction protections and an affordable housing bond. The Just Cause for Eviction Ordinance (Ordinance) generally prohibits landlords from evicting tenants from residential rental units covered by the Ordinance without specified just cause grounds. WebThe following regulations address portions of the Just Cause for Eviction Ordinance (Just Cause Ordinance). If placed on the ballot and passed, the policy would also make it illegal to pursue a no fault eviction of an educator or children during the school year. Whos going to set the bar? said Mary Coughlin. RESIDENTIAL RENT ADJUSTMENTS AND EVICTIONS, Article II. She said the city cant comment on whether a specific hypothetical situation qualifies. 3. The owner wants to perform substantial upgrades to the unit The Rent Adjustment Program does not hear eviction cases and cannot provide legal advice or legal assistance. If a majority of voters approve Measure V, here are the changes it will make to the Just Cause law: Oakland Rent Control 2003). WebJust Cause for Eviction. Referral. Chapter 8.22, Article II] shall not apply to the following types of rental units: Rental units exempted from Part 4, Title 4, Chapter 2 of the California Civil Code However, that does not mean that you will be evicted! July 24, 2023 at 5:44 p.m. After a year of deliberation by Larkspur officials, the city is set to become the second in Marin County to adopt a rent control ordinance. This means that landlords cannot evict a tenant in good standing unless the owner can prove a violation of one of There are several permanent tenant protections that will remain. Oakland Good cause required for eviction. Just Cause for Eviction - Oakland Tenants Union A lawyer in the city attorneys office, Laura Lane, said Tuesday that these definitions are for a judge to decide. Were journalists for Oakland. If you are a law-abiding property owner, this should not be a problem.. 7. Municode Library This ordinance defines 10 good or just causes for an eviction as the following: 2. This exemption applies only to rental units that were newly constructed from the ground Oaklands just cause policy requires landlords to have a specific reason (a cause) for kicking out a tenant. Latest version. Previous Ordinance Versions Just Cause Ordinance, 2007 version reflecting portions invalidated pursuant to settlement in This means that landlords cannot evict a tenant in good standing unless the owner can prove a violation of one of the eleven (11) just causes spelled out in the Citys eviction protection law (O.M.C. Oakland Just Cause for Eviction In March 2020, the Oakland City Council adopted an eviction moratorium in response to the COVID-19 pandemic which ensured that renters could not be evicted over unpaid rent. All units covered by the Rent Adjustment Program are also covered under the Just Cause for Eviction Ordinance. July 24, 2023 at 5:44 p.m. After a year of deliberation by Larkspur officials, the city is set to become the second in Marin County to adopt a rent control ordinance. Oakland Rent Control Latest version. REGULATIONS FOR THE JUST CAUSE FOR EVICTION
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