Whoa! I understand that Contra Costa County recently amended their eviction moratorium - how did they do this? And, what is Oakland's take on the new state law? It's "hella" complex!

    The interaction of the new State (AB 3088), county, and local eviction moratoria IS highly complex and requires a careful reading of the law. 

    I am going to try to simplify things and speak about the recent amendment of the Contra Costa County eviction moratorium - and their authority to make this revision - as well as Oakland's Eviction Moratorium below.

    In enacting AB 3088, the state legislature expressly allowed cities and counties to enact or to amend Just Cause Ordinances. See C.C.P. sec. 1179.05(b).

    Because the State Eviction Moratorium affects ALL residential tenancies and refers to the new Just Cause state law enacted in 2019 (AB 1482), the Legislature added the following wording under the new state eviction moratorium as follows:

C.C.P. § 1179.05(b): 

“(b) This section does not alter a . . .city and county’s authority to [adopt or amend] an ordinance that requires just cause for termination of a residential tenancy. . . consistent with . . .[C.C.] sec. 1946.2 (g), provided that a provision enacted or amended after August 19, 2020, shall not apply to rental payments that came due between March 1, 2020, and January 31, 2021.” [Emphasis added.]

    In turn, C.C. sec. 1946.2(g) affects cities and counties with Just Cause ordinances and divides them into two categories: 

1) An ordinance enacted on or before 9/1/2019, and

 2) Just Cause ordinances adopted or revised after 9/1/2019 and allowing new or amended ordinances that are “more protective” than state law.

    The interaction of these two laws allowed Contra Costa County to amend their Eviction Moratorium on 9/22/2020 and to extend it through 1/31/2021. The amended County Eviction Moratorium also prohibits rent increases during this time.

CONTRA COSTA COUNTY:

Excerpts of the revised County ordinance follow:

“Q.   On August 31, 2020, the Governor signed [AB 3088], the COVID-19 Tenant Relief Act of 2020 (the Act), which went into effect immediately. The Act extends eviction protections for residential tenants, including mobilehome tenants, who are experiencing a financial hardship related to COVID-19."

"AA. The Board finds, pursuant to [C.C. sec. 1946.2] and [C.C.P.] sec. 1179.05(b), that the just cause for termination of a residential tenancy under this urgency ordinance is consistent with [C.C. sec. 1946.2(g)(B)]; this urgency ordinance, by prohibiting a landlord from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit if the occupant is the tenant's immediate family member living in the dwelling unit as a result of the COVID-19 pandemic, provides additional tenant protections that are not prohibited by any other provision of law; and this urgency ordinance is more protective than the provisions of [C.C.] sec. 1946.2."

OAKLAND:

    Oakland recently weighed in on AB 3088 and the Oakland Eviction Moratorium at the rent board meeting on 9/24/2020, Legislative Update, Sec. 7(b), Page 10:

Deputy City Attorney Qian advised: 

     “At the State level, the Judicial Council voted to end the ban on evictions on August 31, 2020. The Legislators [sic] passed AB 3088, signed on August 31, 2020, to create eviction protections for tenants due to COVID-19 [sic]. This stops evictions until February 2021. The State law provides that tenants cannot be evicted but have to pay 25% of all the rent due [by] February 1, 2021 and must resume paying the monthly rent beginning in February 2021.”

    “In Oakland, if the tenants are covered by the [Just Cause] Ordinance,[1] they can use the Oakland Moratorium until the end of the Local Emergency due to COVID-19 [sic]. If tenants cannot pay rent due to COVID-19 [sic] this cannot be a basis for eviction. Starting March 1, 2021, the owner can file in small claims court for rent due from tenants.” 

    Oakland further discusses AB 3088 on page 2 of the City issued FAQ’s and touches on the federal CDC eviction moratorium. The City does not discuss eviction protection for tenants not covered by Oakland's Just Cause ordinance that may be available under the Alameda County Eviction Moratorium.

NOTE: Oakland’s Just Cause Ordinance, 8.22.360 was enacted in 2003. Measure Y added owner-occupied duplexes and triplexes was passed by voters in the November 2018 election and this addition became effective on 12/31/2018.

However, in Oakland's original eviction moratorium document, the following was stated:

"WHEREAS, the City Council finds that the Just Cause for Eviction Ordinance, as amended herein, is consistent with Civil Code Section 1946.2 (as enacted by the Tenant Protection Act of 2019), is more protective than Civil Code Section 1946.2, and, in comparison to Civil Code Section 1946.2, further limits the reasons for termination of residential tenancy, provides additional tenant protections, and, in conjunction with other City ordinances, provides for higher relocation assistance payments . . . "[Emphasis added.]

  If you are a tenant covered by a City or County eviction ordinance who has received the "Declaration of COVID-19 Related Hardship" which may be accompanied by a 15-Day Notice to Pay Rent or Quit, please immediately consult a non-profit legal agency or a private attorney before signing any document. 

See the right side of this blog entitled, "Defending Yourself in an Eviction Proceeding" which lists non-profit legal agencies that may assist you.

    The following article published in "Medium" and written by Zack Haber, is also "hella" interesting and underscores what tenants can do in concert together.(I wonder who their attorney is?)

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[1] The wording from the Ordinance is quoted as follows: “WHEREAS, pursuant to Oakland Municipal Code Section 8.22.360F, the City Council may add limitations to a landlord’s right to evict under the Just Cause for Eviction Ordinance…”

CDC Eviction Moratorium Being Challenged in the Courts

 For more about this lawsuit, see article published in Forbes. Click here.

I'm a Tenant and I Can't Pay my Rent. Am I Protected from Eviction?

If you are a residential tenant and unable to pay your rent, below are the questions to ask to protect yourself from eviction.

1. Are you covered by a city eviction moratorium? 

    Click on the links to the right or check with your City directly to determine if your city has an eviction moratorium AND if the moratorium is still valid with the enactment of the new state law, AB  3088 or the Tenant Relief Act of 2020.

    For example, if you live in Oakland and are covered by the just cause eviction ordinance, you may be covered by the Oakland Eviction Moratorium which terminates when the Oakland Emergency Health proclamation terminates. There are also Regulations that work with the ordinance that were enacted on July 31, 2020. Discuss your coverage with the Oakland housing counselors or an attorney.

     A list of City eviction moratoria is provided by Tenants Together, a state-wide organization. Housing counselors at Tenants Together can also be consulted.

2. Are you covered by a County eviction moratorium? 

     If you are not covered by a city eviction moratorium, you may be covered by a County eviction moratorium. Check with your County governance to determine if the County has an eviction moratorium and if coverage continues despite the enactment of the new state law, AB 3088. Consult with County housing counselors or consult an attorney.

    For example, if you live in an incorporated or unincorporated area of Alameda County, you may be covered by their eviction moratorium which expires 60 days after Dec. 31, 2020 or 60 days after the expiration of the County Emergency Health proclamation whichever is later. Contact ECHO Housing Counselors.

3. Are you covered by the new state law, AB 3088? 

     If you are not covered by a City or County eviction moratorium,  you may be covered by AB 3088, the Tenant Relief Act of 2020. Go to the "Housing is Key" website or consult a tenant lawyer to help determine coverage. A list of City eviction moratoria is provided on their website through a state-wide tenants organization, Tenants Together. Housing counselors at Tenants Together can also be consulted.

    If you owed rent between March 1, 2020 and Aug. 31, 2020, you are protected from eviction for non-payment of rent but you should expect to receive a Notice to Pay Rent or to Quit along with a Declaration of COVID-19 related hardship. You must complete this declaration and return it to your landlord within 15 days. Be sure to keep a copy of the Notice and the Declaration and ensure that you have evidence of delivery of your completed Declaration to your landlord.

   If you owe rent between Sept. 1, 2020 and Jan. 31, 2021, you may receive a 15-Day Notice each and every month that you are default of paying rent. You are protected from eviction provided that you return a Declaration of COVID-19 related hardship to your landlord within 15-days AND pay 25% of the rent for each and every month that you receive a Notice and a Declaration. You may defer paying 25% of the rent until Jan. 31, 2021 but if you fail to pay this amount by that date, your eviction protection is waived.

Back-Rent:

    Back-rent under AB 3088 and under many City or County moratoria is converted to "consumer debt." This means that, while you may be protected from eviction for some rent owed under your City, County, or State eviction moratorium, you still owe rent and may be sued for back-rent owed. For this reason, we encourage you to work out an installment agreement with your landlord to pay back-rent over time. But, be aware, your City or County may have additional REGULATIONS that relate to these payment plans to help protect your legal rights.

4. If you are not covered by the City, County, or State of California (AB 3088) eviction moratorium, you may be covered by the CDC Temporary Halt on Evictions (see link to the right-side of this Blog.) Please consult an attorney to determine coverage. Whether the state or the federal law takes precedence may be "duked out" in the courts.

Legal Assistance:

There are non-profit eviction defense attorney firms that offer legal services on a sliding scale basis and are more affordable than private attorneys. The state website, Housing is Key, has a list of these organizations. For private attorneys or other legal assistance contact the State Bar of California or your local bar association.

State Bar of California Lawyer Referral Service:

Alameda County Bar Association Lawyer Referral Service

Bar Association of San Francisco Lawyer Referral Service

Contra Costa County Bar Association Lawyer Referral Service

COVID-19 related links to the right of this blog have been updated but do not include all city or county eviction moratoria.

Governor Newsom's Eviction Protection under AB 3088 - Landlords Take Action

The legal landscape, as it relates to tenants' rights, has changed rapidly to try to prevent a tide of evictions that may result from the COVID-19 pandemic, unemployment, and business loss. Cities and counties have taken the lead in passing legislation to help protect residential and commercial tenants from eviction while crying out to the state, if not the nation, for state-wide or country-wide eviction protection. While many tenants may have been unable to pay the rent, small landlords may also been unable to pay the mortgage, putting both parties at risk. 

On August 31, 2020, the state legislature took up the charge and lead with state eviction protection referred to as AB 3088, or the Tenants Rights Act of 2020.

While there is some interaction between the Tenants Rights Act of 2020 and city or county eviction moratoriums, City and County Attorneys are analyzing that interaction and publishing advisories on rent board web sites. Here's what is posted on the San Francisco Rent Board website:

"Recent State and Federal legislation affecting residential evictions may have changed some of the information provided here. This information will be updated soon."

The Berkeley Rent Stabilization website has this advisory:

"On August 31, 2020, the California State Legislature passed and Governor Newsom signed into law, Assembly Bill No. 3088, which contains certain eviction protections for tenants who declare an inability to pay some or all of their rent due to a COVID-19 related reason. We are in the process of analyzing how this new law applies in Berkeley, and will update our materials accordingly. Please check back soon, or call a housing counselor...with questions."

Yes, the CDC took an unprecedented leap and declared federal legislation to protect tenants from eviction. Early reports are that the federal legislation is inapplicable to California since AB 3088 was passed prior to the CDC's urgency statute which took effect on 9/4/2020 and since California's law (AB 3088) is more protective of tenants.

As to California's AB 3088, the state has an excellent website, "HousingisKey," along with an App that allows tenants or landlords to enter certain information and get a report on "next steps."

Now, to review:

1. For tenants behind in their rent anytime between March 1, 2020 and August 31, 2020, it is highly likely that your landlord will serve you with a Declaration of COVID-19 related hardship by September 30, 2020. If this declaration is applicable to you, you should complete and return this declaration to your landlord within 15-days of receipt to secure protection from eviction. However, you may be covered by a local, city or county, eviction moratorium. Call or email the housing counselors at the rent board, city, or county or consult an attorney. If you are behind on your rent during these months, you may also be served with a Notice to Pay Rent or to Quit but as long as you complete and return the Declaration of Hardship to your landlord, you will be protected from eviction for non-payment of rent during this time.

2. If you are not covered by a city or county eviction moratorium, beginning in September 2020, you may receive a Notice to Pay or to Quit for each and every month that you have not paid the rent from now through January 2021. With each notice, you should receive a Declaration of COVID-19 related hardship that you should review, sign, and return to your landlord within 15-days. You should also pay at least 25% of the rent for each and every month that you are protected by AB 3088.

3. If you are a "Low Income" tenant and earn less than $99,999 per year, a Declaration of COVID-19 related hardship is required for eviction protection BUT if you are single and earn more than $99,999 annually OR if you are a joint income filer earning a high income (see state website) and claim a COVID-19 hardship that is preventing you from paying your rent, you must also provide evidence of your income and COVID-19 related hardship.

4. If you owe rent between September 1, 2020 through January 31, 2021, you will be required to pay 25% of the rent for each month rent is due to secure eviction protection. The back-rent owed will be converted to consumer debt. Expect your landlord to sue you in small claims court for the back-rent owed; small claims lawsuits for back-rent can begin March 1, 2021. You should also expect to pay FULL rent on February 1, 2021 or risk eviction.

5. If you are sued in small claims court, you and the landlord will be required to represent yourselves BUT you can hire an attorney to help you develop your defense.

6. The state is encouraging tenants to work out a rent payment agreement with your landlord.

7. Tenants Together has an excellent advisory (click here) BUT their summary of local eviction moratoria may be inaccurate. Please contact your local rent board or county to determine if the local eviction moratorium applies or is superseded by AB 3088.

8. The State of California has excellent resources available for tenants and landlords alike.

See: https://landlordtenant.dre.ca.gov/index.html

9. DOCUMENTATION is also key. Save copies of all rent checks. Keep track of every rent payment made. Keep a copy of the Declaration of COVID-19 related hardship if you are claiming it and if you send it to your landlord, do so with delivery tracking. And, also send a copy of the Declaration by email, and keep a copy of the email. You will need this documentation for your civil defense if you are sued for back-rent.

And, between now and November 3, 2020, VOTE your conscience.

Oakland City Council Votes to Extend the Eviction Moratorium

Photo by Sebastian Pichler on Unsplash

I attended the Oakland City Council video-meeting yesterday; one of the items on the agenda was whether to extend the Oakland City Eviction Moratorium on residential and commercial evictions which was scheduled to end on May 31, 2020. 

To review the ordinance, the supplemental report, and a summary of related legislation, click here.

Net, net, the City Council passed an extension of the Oakland Eviction Moratorium through Aug. 31, 2020.

Preliminary to the council vote on this issue, public comment was provided. Some of the public comments included the following:

A landlord representative stated that 95% of Oakland renters paid their rent for April and May 2020; this was not substantiated.

The Oakland Rent Board will be conducting a survey of Oakland renters to determine the percent of renters who have not paid rent due to COVID-19. Results will be provided to the City Council.

A landlord complained that unpaid rent was converted to “unsecured debt” and that to obtain tenant payment of back-rent, he would have to pursue the tenant in small claims court. A City Attorney corrected this understanding and stated that all rent is “unsecured debt.” (The Alameda County Eviction Moratorium converts back-rent to “consumer debt.”)

There was some discussion about payment plans for back-rent and stories about one-sided clauses in the payment plan agreements. There was some discussion about the rent board collecting these payment plans and/or providing some oversight of these plans.

There were stories of tenants harassed by their landlords/master tenants or harassment by co-tenants and an impression that no evictions could occur under the Oakland eviction moratorium. To be clear, most eviction moratoriums have an “out-clause.” In the case of Oakland and Alameda County, if there is an issue with health and safety of the tenants, eviction can occur. In the alternative, if one co-tenant is harassing another, another alternative is filing for an injunction against the harassment in family or civil court (seek the advice of an attorney beforehand.)

The Oakland Eviction Moratorium was extended for residential evictions and is tied to the Local (City of Oakland) Emergency Order through Aug. 31, 2020. As it concerns commercial tenant evictions, the City must specifically tie the end of the moratorium to the Governor’s eviction order (N-28-20). The Oakland Eviction Moratorium for residential tenants is also tied to the Just Cause ordinance.

https://oakland.legistar.com/LegislationDetail.aspx?ID=4536924&GUID=E331AC8B-A71F-4719-BB45-3B73A94B6AC4&Options=&Search= 

The Oakland Tenants Union has a good FAQ on the Oakland Eviction Moratorium and who the moratorium applies to. (The FAQ doesn't reflect the extension of the moratorium since the document was created just after the eviction moratorium was passed.) 

See: http://www.oaklandtenantsunion.org/know-your-rights.html

Finally, it is worth noting that there are two bills up before the State Legislature:

SB 1410 (Gonzalez) would have the state pay 80% of rents for those impacted by COVID-19 and landlords would not pursue the remaining 20%.

AB 828 (Ting) would allow renters facing the prospect of eviction for non-payment of rent to petition the court for a 25% reduction in rent payments for the next year, with the renter making up missed rent in monthly 10% installments. 

For tenant and landlord assistance, City of Oakland Rent Program staff members are available by phone at (510) 238 - 3721 during normal business hours M - F 9:30 am - 4:30 pm or email rap@oaklandca.gov . Please leave a message and a housing counselor will return your call or email within 24 hours.

https://www.oaklandca.gov/services/view-updates-and-announcements-from-rent-adjustment-program

Veritas Investments, one of S.F.'s biggest landlords, responds to Speaker Pelosi's call for it to return PPP loan

Posting an article published by the San Francisco Business Times below as well as the response from Veritas Investments, LLC.

https://www.bizjournals.com/sanfrancisco/news/2020/05/18/veritas-ppp-pelosi-repay-loan-landlord-sf.html

Company response:

https://www.veritasinvestments.com/news/veritas-statement-in-response-to-ppp-loan-program/

Berkeley Tenants Union Urges Tenants to Tell Alameda County Not to Undo the Alameda County Eviction Moratorium - ACT TODAY

It's currently illegal to evict people in Alameda County for nearly any reason, and tenants financially affected by the ongoing pandemic can delay paying rent for up to 12 months.

Act now to stop landlords and anti-tenant members of the county board of supervisors from undoing our eviction moratorium! Click on the link below and make your voice heard!

https://mailchi.mp/808f97…/btu-attack-on-eviction-moratorium

The Alameda County Board of Supervisors is meeting this morning to consider gutting the new ordinance.

Photo by Markus Spiske on Unsplash