IF YOU GET AN EVICTION NOTICE OR ARE CONTEMPLATING SERVING A NOTICE ON YOUR TENANT CALL A RAP HOUSING COUNSELOR AT (510) 238-3721 AS SOON AS POSSIBLE. The tenant has not paid their rent. Find out about meetings, request City services throughout OAK 311, or contact the Mayor and City Councils. Property owner wants to use the rental unit as a principal residence for property owner of record or owners spouse, domestic partner, child, parent or grandparent. All notice of evictions must include the following: A statement describing the reason for eviction. Do you need help paying your mortgage? The eviction process will last at least two weeks, the city said, to give people time to clear out and relocate. General forms can be found on our website. In Oakland, a property owner can only terminate a tenancy or evict a tenant for JUST CAUSE. For a full list of documents, click here to access all tenant forms and here for all property owner forms. Those issues will be ultimately decided in a court of law. "We will continue that outreach to ensure that we are engaged with everyone, providing them the opportunity to accept city shelter and shelter in other city programs," said Oakland Assistant City Administrator LaTonda Simmons said. Material violation of rental agreement after written notice to stop. The official website of the City of Oakland. Comparing hard eviction numbers between ZIP codes can be misleading, because some areas have far more rental unitsand thus inevitably more evictionsthan others. A TENANT MAY HAVE GROUNDS TO CHALLENGE THE NOTICE AND THE SUBSEQUENT EVICTION ACTION. Beginning Saturday, Oakland landlords can move to oust tenants for failing to pay rent as the citys pandemic eviction moratorium one of the last remaining anywhere in the state ends after more than three years. The notices were legal under the state eviction moratorium, which only applied to tenants whod been affected financially by COVID-19, and there was substantial confusion and disagreement at the time about whether they were permitted or necessary in Oakland given the stricter local moratoriums. The Rent Adjustment Programs Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer any RAP or housing-related questions you might have. How the moratorium effects residential renters and landlords, COVID-19 resources for businesses and non-profits, Oakland's Moratorium on Residential and Commercial Evictions, Commercial tenants and property owners can find resources here. Measure V became effective on December 30, 2022. As a result, this measure requires that landlords in owner-occupied duplexes and triplexes have just cause to evict tenants and comply with relocation requirements when they evict for owner move-in or repairs, unless some other exemption applies. These "just causes" are outlined in the Just Cause for Eviction Ordinance. Property owners will then be able to terminate tenancies on any of the valid grounds for eviction as listed in the Just Cause Ordinance. Hearings Unit: hearingsunit@oaklandca.gov. If tenant remains in rental unit, they will be forcibly removed. The Ordinance specifies just cause grounds for eviction and provides additional prerequisites to evictions, such as providing proper notice. Oaklands Eviction Moratorium will continue to protect most Oakland renters from eviction during the COVID-19 emergency. Removes failure to sign a new lease as a ground for eviction. "Moving forward, I hope they just take time and patience and dont just bulldoze everybody out like that," she said. For tenant forms, click here. While some are still struggling from the economic fallout of the pandemic, others have simply refused to pay rent for months on end, according to landlords. Oakland is a just cause city. Also, this exemption is not permanent, as it applies only to units built within the past 10 years. California has announced that the state is on track to fully reopen its economy June 15, meaning the local pandemic response could conclude in a couple months as well. Find out about meetings, request City services through OAK 311, or contact the Mayor and City Council. 1. Removes the Just Cause Exemption for Owner-Occupied Duplexes and Triplexes. Put all the stuff you dont want out front if you havent done it already. For her part, Carter-Griffin said that she hoped the city would include the unhoused community as the future of the property takes on a new chapter. Notice to Cease (Under the Just Cause for Eviction Ordinance), Notice of Eviction for Repairs (Under the Just Cause for Eviction Ordinance), Property Owner Petition to Extend Time of Tenant Vacancy for Repairs. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Occupancy limitations are determined by the maximum number permitted in the unit under state law and/or local codes such as the Building, Fire, Housing and Planning Codes. RAP strives to return all e-mails within a twenty-four-hour timeframe. Make sure the notice or eviction was filed by the owner to the RAP within ten (10) days of you receiving the notice. The eviction moratorium will also apply to units previously exempt from the Just Cause for Eviction Ordinance. Oakland has permanent tenant protections as well, preventing most evictions without just cause like failure to pay rent or illegal activity. Landlord files an eviction action with the court. Oakland's . (function(w,d,s,l,i){w[l]=w[l]||[];w[l].push({'gtm.start': General forms can be found on our website. Topics can be, but are not limited to, tenant and property owner issues and concerns, Oakland rental housing laws, or how to file a petition with RAP. Property owner withdraws unit from the rental market under state law (Ellis Act). Click here to access the portal. Low-income on a $100K salary? If your unit is not covered by Just Cause and you have lived in the unit for at least a year, then the property owner is required to give you a 60 days notice of eviction. If you do not know who your Case Analyst is, you can e-mail hearingsunit@oaklandca.gov to find that information. Where an eviction due to the owner or their family to move in, the notice must also contain the following: A listing of all property owned by the intended future occupant(s), The address of the property, if any, of the person moving in in which they claim a homeowners property tax exemption. To begin the eviction process, a property owner must first serve the tenant a notice of eviction or a notice terminating tenancy. Find out about meetings, request City services through OAK 311, or connection the Deputy and Country Council. What . Tenants may contact the Eviction Defense Center (EDC) at (510) 452-4541, East Bay Community Law Center (EBCLC) at (510) 548-4040, Centro Legal de la Raza at (510) 422-5669, or Bay Area Legal Aid at (866) 346-3405. Your Government. The official website of the City from Cities. Click. Chapter 8.22, Article I).. 2. units that do not fall under the Oakland Just Cause for Eviction Ordinance, will have additional protections under AB 3088. '&l='+l:'';j.async=true;j.src= Renters living directly east of Lake Merritt and in West Oakland and Chinatown have received the most eviction notices in the city in recent years, the portal shows. Skip the content Tenant continues to disturb the peace and quiet enjoyment of other tenants after written notice to stop. The official website of the City of Oakland. The official website of the City of Oakland. What has changed as of May 2, 2023, and is now law: First, the Eviction Moratorium and the Late Fee Moratorium will both end on July 15, 2023. "Those are what they call glorified prisons," Xochitl Bernadette Moreno said. This ordinance defines 10 good or just causes for an eviction as the following: 1. Date Posted: August 31st, 2018 @ 3:44 PM Last Updated: January 20th, 2021 @ 7:52 PM. Housing Counselors are taking calls Monday to Thursday from 9:30am to 4:30pm at (510) 238-3721. The City is providing tenants + property owners with info to . Please read the information below carefully to find the best way to contact us. . If you have received a notice of eviction, contact a tenant advocacy organization for legal support or assistance. If you would like to receive e-mails about upcoming events or updates from the Rent Adjustment Program, please sign up! Oakland and Alameda County eviction moratorium policies still provide a double layer of protection to most local renters. If the owner did not file the notice with RAP in this time, it can be used in your defense of the eviction. Find out about meetings, request Country services by OAK 311, press contact the Mayor additionally City Council. We have to acknowledge that for some property owners, they are still reeling from the impact, he said. The Rent Adjustment Programs Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer any RAP or housing-related questions you might have. Just before . This Industry Insight will explain what is considered "smoking" under . Once that order is filed and signed by a judge, it can be executed by a court officer hired by the landlord plaintiff. "Im looking for my son, Stephen. Address: 250 Frank H. Ogawa Plaza, Suite 5313. Majority Asian Census tracts saw the lowest rate of evictions. The expiration comes as a relief to rental owners who say the ban has far outlived its purpose and ravaged the livelihoods of many mom-and-pop rental landlords. If you would like to receive e-mails about upcoming events or updates from the Rent Adjustment Program, please sign up! Low-income on a $100K salary? While attempted evictions have slowed significantly during the crisis, the portal shows they havent stopped altogether. If you do not know who your Case Analyst is, you can e-mail hearingsunit@oaklandca.gov to find that information. 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. THE NOTICE TO TERMINATE A TENANCY IS THE FIRST STEP IN AN EVICTION ACTION. To schedule an appointment for review e-mail rap@oaklandca.gov. Because the Oakland voters adopted the Just Cause for Eviction Ordinance, they must approve any change to the Ordinance. These large-scale encampment sweeps have been a point of contention and left the encampment in legal limbo for years. Barnes said his group is working with Alameda County to secure money to help cover rental owners missed mortgage payments. While that information is public and can be requested from the city, RAP staffers said they didnt want the portal to be used by landlords screening prospective tenants for previous evictions, so they left out addresses and names. (We didnt include 94705 in our rankings because its almost entirely in Berkeley.). City crews towed 12 vehicles from the encampment Monday, and four unhoused residents agreed to relocate to a new cabin shelter program. Measure Y allows the City Council, without returning to the voters, to amend the Ordinance to add additional limitations on a landlords right to evict, e.g., mandating compliance with certain rules and standards, such as, but not limited to, providing a proper notice. To begin the eviction process, a property owner must first serve the tenant a notice of eviction or a notice terminating tenancy. But landlords can still take tenants to court to recoup rent debt from that period. On July 15, the City of Oakland's COVID-19 pandemic-related eviction moratorium will sunset. Official Website for the City of Oakland | Mayor Sheng Thao. If you do not want your petition reviewed and want to file, please submit your petition to hearingsunit@oaklandca.gov . Prohibits no-fault evictions to go into effect during the school year, if the household includes school-age children or educators employed by the Oakland Unified School District. Contact a RAP Housing Counselor: rap@oaklandca.gov. If you have Hearings Unit-related issues or questions related to your pending case, you must contact your Case Analyst directly. Yes, its possible in the Bay Area. Tenant is given written notice to move out/correct the violation. It vows to stay in Florida, Exclusive: Kroger and Albertsons CEOs give details on controversial $25 billion merger, Do Not Sell/Share My Personal Information. While property owners filed 556 eviction notices with the city in February 2020, there were only 74 filed in April and 27 in May. A Notice to Terminate or Evict must specify one of the following ten Just Causes: NOTE: The expiration of a rental agreement, the sale of a property (including transfers due to FORECLOSURE), conversion to condominium, or changes in the federal Section 8 status of a unit are not good causes for eviction under Oakland law. The following statement: When the needed repairs are completed on your unit, the property owner must offer you the opportunity to return to your unit with a rental agreement containing the same terms as your original one and with the same rent (although landlord may be able to obtain a rent increase under the Oakland Residential Rent Arbitration Ordinance [O.M.C. On November 8, 2022, Oakland voters passed Measure V to amend the Just Cause for Eviction Ordinance. This can be done by reviewing the Just Cause for Eviction ordinance and the reasons it provides for evictions. Were journalists for Oakland. When Oakland property owners notify tenants that theyre beginning an eviction process, theyre required to file a copy of the notice with the city, explaining why theyre trying to remove a renter. The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. Learn more. Calls are generally limited to 10 minutes per person. A statement saying that advice regarding the eviction notice is available from the Rent Board. by Natalie Orenstein March 1, 2023 You can also look up information related to cases through the RAP database. Owners, with notices that expire after the effective date of the Ordinance, are subject to these Ordinance amendments and must cite a Just Cause to evict stated in the notice terminating the tenancy. If the owner does not include the required statements in the notice it can be used in your defense of the eviction. To read the legislation, click here. For tenant forms, click here. If you feel the notice was issued in error, contact your property owner to discuss the error. On May 2, 2023, the Oakland City Council passed legislation to end the COVID-19 Eviction Moratorium as well as to add new permanent tenant eviction protections. We will also provide translation services for non-English speaking visitors including and not limited to Spanish, Chinese, Vietnamese, and other languages. If the owner does not include the required statements in the notice it can be used in your defense of the eviction. Alameda County will continue banning evictions until 60 days after the county emergency ends. However, a 2018 report from the city suggested there are major racial disparities in evictions in Oakland. These reasons are listed above. This can be done by reviewing the Just Cause for Eviction ordinance and the reasons it provides for evictions. About On July 21, 2020, Oakland City Council amended the Ordinances on eviction commercial and residential moratoriums to conform to the Local Emergency and the Governor's Executive Order. He graduated from Colorado College with a BA degree in history and the University of Southern California with an MS degree in journalism. For Bay Areas transgender community, housing remains a great challenge. A Notice to Terminate or Evict must specify one of the following eleven Just Causes: Failure to pay rent. Were part of the spine of the tree of Oakland. The purpose of this program is to foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance set out by the City of Oakland. but part of the legislative process is the art of compromise in a . Some of Californias cheapest cities have seen biggest rent hikes. 'https://www.googletagmanager.com/gtm.js?id='+i+dl;f.parentNode.insertBefore(j,f); You can also email us at rap@oaklandca.gov. Read the full text of the City of Oakland Rent Boards Emergency Moratorium Regulations here. Despite the at least $66 million in emergency rental assistance distributed in Oakland during the pandemic, many local tenants remain behind on rent. Yes, its possible in the Bay Area. All Access Digital offer for just 99 cents! The official website of the City off Oakland. The exemption does NOT apply to units that were created as a result of rehabilitation, improvement or conversion of existing commercial or residential rental space. There's also a new safe RV parking site on 66th Avenue. Please use the link below to add your name and e-mail to our list for future updates. Third, BY Prohibiting any rent increases except for the annual Consumer Price Index adjustment or any RAP petition approved increase based on Fair Return grounds. We also offer an online portal where you can submit your petitions and all petition-related forms online. County of Alameda COVID-19 Updates and Announcements Page, State of California COVID-19 Updates and Announcements Page, Stage of California, Department of Real Estate: Property Owner Resources. Bulldozers and garbage trucks showed up early and spent the day beginning to remove trash, debris and the belongings of the roughly 70 people who call the encampment home. RESOURCES FOR PROPERTY OWNERS DURING COVID-19, Housing Resources for Tenants and Property Owners during COVID-19, Fact Sheet on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 from Governor Newsoms Office, Announcement of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Relief Act of 2020 (AB 3088) from Governor Newsoms Office, Full Text of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088), State of California, Department of Real Estate: Tenant Protection Guidelines. "I dont like the stress its bringing to my neighbors, friends and family," Carter-Griffin said. Right now in Oakland, those rules are in place until August 31, but the City Council could decide to extend the moratorium for even longer. All eviction notices must include grounds for eviction, and a statement that advice regarding eviction is available from the Rent Adjustment Program. The offi website of the City of Oakland. Find out about meetings, request City support through CORK 311, or get the Magistrate and City Board. All documents for Ellis Act cases must be mailed to 250 Frank Ogawa Plaza, Suite 5313, Oakland, CA 94612. Prior to the passage of Measure V, owners could evict a tenant if the tenant refused to sign a lease renewal with substantially identical terms as the current, expiring lease. After months of debate, Oakland's eviction moratorium expired on Saturday, July 15. If you have received a notice of eviction, contact a tenant advocacy organization for legal support or assistance. On May 2, 2023, the Oakland City Council passed legislation to end the COVID-19 Eviction Moratorium as well as to add new permanent tenant eviction protections. Official Website for the City of Oakland | Mayor Sheng Thao. These resources below advise Oakland property owners and tenants on their legal rights and responsibilities under state and local ordinances. Phone: (510) 238-3721 | Fax: (510) 238-6181. For property owner forms, click here. Before doing anything else, make sure that the violation committed by the tenant is grounds for eviction under California law. Topics can be, but are not limited to, tenant and property owner issues and concerns, Oakland rental housing laws, or how to file a petition with RAP. Date Posted: August 31st, 2018 @ 3:44 PM Last Updated: January . The short answer is no. The Act will not significantly affect the Oakland Emergency Eviction Moratorium. The City Council had adopted the Eviction Moratorium in response to the COVID-19 pandemic in March of 2020. These property owners are also required to pay the annual Rent Adjustment Program Service Fee, which is currently $101 per unit. Due to the Shelter-in-Place Order, we are no longer accepting in-person petition applications and related materials. Many landlords, in turn, say theyve struggled from months of missed rent payments and have waited for more than a year to regain the legal right to decide who lives in their buildings. For Bay Areas transgender community, housing remains a great challenge These reasons are listed above. The estimated time required to complete the repairs and the expected date that the unit will be ready for move-in. Additionally, the moratorium prohibits residential rent increases above 2.7% (the Consumer Price Index, or CPI) and prohibits any late fees related to COVID-19 issues in residential units. 2023 FOX Television Stations, High Stakes: Sports Betting in California, Richmond-San Rafael Bridge bike path still underutilized as test run nears end, Fremont police raise money for 78-year old contractor targeted by thieves for third time, Local interest now on tap to buy iconic Anchor Brewing Company, 6 recovering after large tree branch crashed church group's picnic in Santa Rosa, Night Markets coming to SF's Sunset District this fall. The eviction process will last at least two weeks, the city said, to give people time to clear out and relocate. After more than three years of protections, protests, and pandemic, Oakland's COVID-19 eviction moratorium has come to an end. Then in March 2020, as many local businesses were laying off their entire staffs and others were temporarily shutting down, Oakland and Alameda County passed moratoriums on evictions. Id at 1050. Natalie Orenstein covers housing and homelessness for The Oaklandside. The Rent Adjustment Program keeps these notices for one (1) year. . Helping might be easier than you think. The increase was likely caused by some landlords, including some corporations that own numerous Oakland buildings, issuing 15-day pay rent or quit warnings to tenants. When Oakland property owners notify tenants that they're beginning an eviction process, they're required to file a copy of the notice with the city, explaining why they're trying to remove a renter. To begin the eviction process, a property owner must first serve the tenant a notice of eviction or a notice terminating tenancy. The new portal also tracks the stated reason why a landlord wants to remove their tenant. The Ellis Act is a state law that allows property owners to terminate tenancies when they are permanently taking their units off of the rental market; Second, BY Prohibiting any late fees for non-payment of rent; and. '&l='+l:'';j.async=true;j.src= j=d.createElement(s),dl=l!='dataLayer'? All documents for Ellis Act cases must be mailed to 250 Frank Ogawa Plaza, Suite 5313, Oakland, CA 94612. All new petitions and petition-related documents can be submitted by mail to the address above, electronically submitted to rap@oaklandca.gov, or the online portal. Hearings Unit: hearingsunit@oaklandca.gov.