Housing is a Human Right

The Oakland City Attorney's office, through Barbara Parker, announced a new Housing Justice Initiative which includes a Know Your Rights campaign. We applaud Ms. Parker and her initiative. Click on the links provided to learn more.

BACK-RENT AND CONSUMER DEBT - An Issue Tenants May Face in March 2021

City and county governments and the State of California are encouraging tenants to develop installment payment agreements with their landlords concerning back-rent owed.

Tenants who owe back rent dating from March 1, 2020 through and including January 31, 2021, and who do not agree to a voluntary payment plan with their landlord may be sued in a court proceeding beginning no sooner than March 1, 2021.

While unpaid rent is converted to consumer debt in the Oakland, Alameda County, and many other local eviction moratoria as well as the new state moratorium (AB 3088), the landlord has the authority to sue in Small Claims court to recover this debt. 

Click here for the State's excellent primer to Small Claims proceedings.

The advantage of Small Claims court is that both the landlord and the tenant represent themselves at the initial hearing; attorneys are not allowed to represent either party placing both parties on an “equal” playing ground. The disadvantage to a small claims proceeding is that the actual hearing time in front of the judge, commissioner, or hearing officer is limited leaving scant time for either party to present their case. 

Both parties can bring their documentation to the hearing (or submit it with their initial complaint or answer to the complaint) including such documents as:

• The lease agreement,
• Evidence about how much rent was paid and how much back-rent is owed (bank statements,[1] copies of checks, landlord “Notices to pay rent or to Quit”),
• Email communications and letters concerning rent payments and rent owed, 
• Agreements to pay back-rent, if any, 
• Copies of all signed declarations such as the Declaration of COVID-19 Related Hardship and/or the CDC Declaration, and
• Any other relevant documentation. 

In addition to being sued for back-rent owed, tenants will need to pay court filing fees to answer a court proceeding and incur incidental costs such as copying costs and mailing fees. If tenants lose in court, they can appeal the judgment within 30-days, but attorneys can represent the tenant and the landlord at the appeal hearing.

If the landlord sues the tenant in Superior court and there is an attorneys’ fees clause in the lease agreement awarding fees to the prevailing party, the tenant is likely to have an even larger financial judgment against them for back-rent, costs, and attorneys’ fees. [Look for a clause in the lease agreement entitled “Attorneys’ fees.”]

Judges in both courts encourage parties to settle their dispute in advance of trial through mediation. Mediation services may be offered by the court but in Oakland, the tenant or landlord may be able to apply for mediation services through the rent board.

In either Small Claims or Superior court, a settlement may be achieved before a court judgment, with or without mediation, and an installment payment plan can be incorporated into the settlement agreement.

If there is no settlement agreement, the judge may award a money judgment for back-rent to the landlord. A money judgment could affect the tenant’s credit rating, credit score, and ability to secure new housing.

Collecting on the Debt:

Even with a court judgment, landlords may find it difficult to a collect tenant's unpaid rent.

The landlord may need to secure a wage garnishment from the court to help collect the debt if the tenant is employed. 

The landlord may also attempt to collect the judgment from some of your assets unless these assets are exempt from collection. 

In the alternative, the landlord may hire a collections company to pursue the debt. If the collection company settles with the tenant for the debt, the tenant will be issued a 1099-C for the amount not paid and be required to pay income taxes on the forgiven debt. So, if the tenant owes $10,000 and settles for $1,000, they may receive a 1099-C for $9,000. The 1099-C is considered taxable income.

Bankruptcy:

For tenants with significant amounts of unpaid back-rent that they are unable to pay, bankruptcy may be the only option. Bankruptcy not only affects a tenant’s credit rating but the ability to secure new housing. “Have you ever filed for a bankruptcy proceeding?” is a standard question on rental applications. But, filing for bankruptcy can also provide welcome relief to tenants who not only have unpaid back-rent but also other debt that has mounted during the COVID-19 pandemic; they can get a "fresh start" through a bankruptcy proceeding.

Conclusion:

Net, net, it is better to work out a payment plan with your landlord. While Oakland’s eviction moratorium allows 12-months to repay back-rent, under the new state law, repayment of back-rent must begin no later than March 1, 2021. In Oakland, the repayment period and the installment plan agreement is covered by Regulations that work together with the Oakland Eviction Moratorium, some of which may be modified by the new state law, AB 3088.

[1] Be sure to redact (e.g. mark-out) account numbers, social security numbers, birthdates, and any other personally identifiable information before filing anything with the court as these documents may become part of public record.

Are You an Oakland Tenant and Need Help Paying Rent? Help May be Available!

Centro Legal is administering tenant rental assistance received by the City of Oakland through the Cares Act. Click here for more information.

Also see assistance available to tenants to help pay their back rent. See information below. For more information about Roots Community Center, click here.

Roots Community Health Center is proud to announce it has been selected as a 2020 California Nonprofit of the Year by By Senator Nancy Skinner.

Also see Bay Area Community Services for financial assistance.

And see Catholic Charities for financial assistance.

The City of Oakland received funding from the Cares Act and may be a source of financial assistance. Click here.

San Francisco Leads Again and Passes a Ban on No Fault Evictions!

For more about this No Fault eviction ban in San Francisco, see KRON 4 news report published on October 7, 2020.

San Francisco is setting the stage for other Bay area cities. Now, let's see if they step up!

I LIVE IN OAKLAND AND I CAN'T PAY MY RENT. AM I PROTECTED FROM EVICTION?

If you live in Oakland, you may be covered by one or more eviction moratoriums.

AM I COVERED BY OAKLAND’S EVICTION MORATORIUM?

If you are a residential tenant in Oakland covered by the Just Cause Ordinance, you are also covered by the Oakland Eviction Moratorium which provides protections for non-payment of rent due to COVID-19. Click on the link to learn the details about these protections.

HOW DO I KNOW IF I AM COVERED BY OAKLAND’S JUST CAUSE ORDINANCE?

You are covered by the Just Cause Ordinance if the building in which you reside meets the criteria below:

Residential rental units that are located in a building that the City has approved for tenants to occupy (e.g. has been issued a certificate of occupancy) on or before December 31, 1995.

There are narrow exceptions to the above which you can read about in the ordinance itself.  One of these exceptions is as follows:

“Rental units in a residential property where the owner . . . occupies a unit in the same property as his or her principal residence and regularly shares in the use of kitchen or bath facilities with the tenants of such rental units.”

HOW DO I KNOW WHEN MY BUILDING WAS BUILT?

Call the Oakland Building Records Department, visit their office, or access their on-line information.

WHAT IF MY BUILDING IS NOT COVERED BY OAKLAND’S JUST CAUSE ORDINANCE? ARE THERE ANY EVICTION PROTECTIONS THAT APPLY TO ME?

Yes. You may be covered by the Alameda County Eviction Moratorium.

WHAT IF I AM NOT COVERED BY THE OAKLAND OR THE ALAMEDA COUNTY EVICTION MORATORIUM?

If you can’t pay your rent due to a COVID-19 related reason, you may be covered by the State of California Eviction Moratorium known as AB 3088 or the COVID-19 Tenant Relief Act of 2020. Click on the link to learn more about the state eviction moratorium.

"Keep Oakland Housed" provides excellent guidance to the interaction between the City, County, State and Federal (CDC) eviction moratoria and specific guidance concerning  required declarations under both the state and federal eviction moratoria. Click here to learn more.

I RECEIVED A 15-DAY NOTICE TO PAY RENT OR QUIT AND A DECLARATON OF COVID-19 RELATED HARDSHIP. 

This Notice and Declaration is related to the State of California Eviction Moratorium and requires tenants to read and sign - under penalty of perjury - a Declaration that they can't pay the rent due to COVID-19 related reasons. The Declaration must be provided to the landlord within 15-days. If you are already protected by a City or County eviction moratorium and receive this Declaration, your landlord may or may not be aware of the local protections. Click here for more information provided through ACCE, a state-wide tenants organization.

Also see "Keep Oakland Housed" information.

WHAT SHOULD I DO IF I RECEIVE A NOTICE AND DECLARATION referred to above?

Consult a non-profit legal agency or a private attorney immediately for guidance before signing any declaration.

You can also call the Alameda County Bar Association for a legal referral and pay a $40 fee for a private attorney consultation. Make sure that you ask for a referral to a landlord-tenant attorney.

Also see "Keep Oakland Housed" information.

WHAT IF I AM BEING EVICTED FOR ANOTHER REASON UNRELATED TO MY NON-PAYMENT OF RENT LIKE THE ELLIS ACT?

You may be temporarily covered by the CDC Eviction Moratorium. Click here for additional information about the CDC (federal) eviction moratorium requirements.

Consult a non-profit legal agency or a private attorney immediately for guidance. 

Also see "Keep Oakland Housed" information.

WHO DO I CALL FOR HELP?

In Oakland, contact the housing counselors at the Oakland Rent Adjustment Board. 

PHONE HOURS MONDAY-THURSDAY: 9:30 am to 4:30 pm
Phone: (510) 238-3721

DROP-IN MON THROUGH THURS: 9:30 am to 4:30 pm
Address:
250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612

You can also email the housing counselors at: rap@oaklandnet.com.

Click the link here for assistance with the Alameda County Ordinance.

For non-profit attorneys, see the right side of this blog and see "Defending Yourself in an Eviction Proceeding" or contact a private attorney for assistance. 

You can contact the Alameda County Bar Association for private attorney referrals and pay a $40 fee for a 30-minute consultation with an attorney.  Make sure that you ask for a referral to a landlord-tenant attorney.

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?)

---

[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

250 Oakland Tenants go on Rent Strike Against Mosser Companies to Protest Rents and Construction

See article published in Berkeleyside on May 8, 2020 discussing this rent strike.

The article mentions passing repair costs on to tenants. There is a little known landlord program in Oakland allows the owner to pass along capital improvement costs plus the interest on a loan to underwrite those costs to the tenants.

Published on the Oakland Rent Adjustment website is the following:

"Capital improvements include improvements to the property. A landlord may apply a rent increase to reimburse themselves for property improvements that benefit the tenants. Reimbursement is limited to 70% of the cost of the improvement amortized over its useful life. Property owners must also show that these costs were paid. Examples include: copies of receipts, invoices, bid contracts or other documentation."

To pass along these "improvements," the landlord has to file a petition with the rent board. Such "improvements" as painting the exterior of the building can be passed along to the tenants as a "benefit" to the tenants. This, of course, is arguable but then arguing the "benefit" puts you and your landlord in an adverse position which can have other ramifications such as the application of a "banked rent" increase which can have a significant impact on the tenant.

https://www.oaklandca.gov/resources/learn-more-about-allowable-rent-increases

State and Federal Movement to Cancel Rents and Landlord Mortgages during the COVID-19 Crisis

There is both a state of California initiative sponsored, among others, by ACCE, a statewide advocacy organization, as well as a Congressional initiative to cancel rents and landlord mortgages related to the COVID-19 pandemic.

Photo by Lance Grandahl on Unsplash

For more about the state initiative, click here and here.

For more about the federal initiative to cancel rent and landlord mortgages, known as H.R.6515 and sponsored by Representative Ilhan Omar of Minnesota, click on the links below:

H.R. 6515

To help support the federal initiative, click here.

City of Richmond Issues Supplemental Order Prohibiting Rent Increases and/or Evictions for Residential and Commercial Rental Units

This just in! 

Re-posting this announcement from the City of Richmond:

"The Director of Emergency Services issued a Supplemental Order, effective April 27, 2020, which extends the prohibition on certain types of evictions to commercial tenants and also prohibits rent increases on residential properties with more than one dwelling unit that were constructed before February 1, 1995 (including LIHTC properties) through May 31, 2020, or any extension of the local emergency."

"(NOTE: restrictions on rent increases do not apply to properties with one dwelling unit on one parcel, permitted dwelling units constructed after February 1, 1995, Project-Based Section 8, Section 202, and Public Housing Units)."

"Please contact the Rent Program at 510-234-RENT or rent@ci.richmond.ca.us if you have any questions about whether a unit is subject to the rent increase restrictions."

Access the Revised Coronavirus (COVID-19) and Rentals: What Richmond Tenants and Landlords Need to Know Fact Sheet (English & Spanish)

Access the Letter Template for Tenants to Inform Landlords of Their Inability to Pay Rent Due to the Financial Impacts of COVID-19 (English)

Access the Letter Template for Tenants to Inform Landlords of Their Inability to Pay Rent Due to the Financial Impacts of COVID-19 (Spanish)

If you have any questions about the Supplemental Order, please contact the Rent Program at 510-234-RENT(7368) or rent@ci.richmond.ca.us to speak with a Housing Counselor.

For more information about the Rent Board and Rent Program, please visit www.richmondrent.org.

Feeding Your Pets during the COVID-19 Crisis - Options Available to Help You Keep Your Pet Family Together

https://berkeleyhumane.org/east-bay-pets-have-full-bellies-thanks-to-berkeley-humane-international-fund-for-animal-welfare-and-world-central-kitchen/

https://eastbayspca.org/what-we-do/help-caring-for-your-pet/financial-hardship/pet-food-pantry/

Photo by Richard N on Unsplash

Alameda and Contra Costa County Take Action to Prohibit Evictions

See articles in East Bay Times:

https://www.eastbaytimes.com/2020/04/21/coronavirus-alameda-county-beefs-up-eviction-protections/

The actual wording of the ordinance for Alameda County is linked to the right side of this blog under COVID-19.

https://www.eastbaytimes.com/2020/04/21/contra-costa-county-suspend-evictions-rent-increases-amid-coronavirus-shutdown/

Berkeley Rent Board Adopts "Good Samaritan" Regulation Assuring Property Owners No Penalty For Lowering or Forgiving Rent During COVID-19 State of Emergency

Below is an excerpt of an email sent by the Berkeley Rent Stabilization Board on April 4, 2020 relating to a landlord's agreement to temporarily reduce or forgive rent due to COVID-19:

"The Rent Board has received numerous calls from property owners asking if they may temporarily reduce or forgive rent to assist their tenants in coping with the COVID-19 crisis without that act of kindness resulting in a permanent reduction in the amount of rent that can be charged for the unit. In most cases, the property owners have always had this ability, with only newer tenancies being in doubt. On April 4, 2020, the Rent Board adopted an emergency regulation that makes clear that for ALL tenancies that began prior to March 3, 2020, an owner may reduce or forgive rent owed without that generosity changing the rent ceiling for the unit. Please see the announcement below.

FOR TENANCIES THAT BEGAN ON OR BEFORE MARCH 3, 2020: Rent Board emergency Regulation 1017.5 allows a landlord and tenant to agree in writing to a temporary rent reduction throughout the duration of the local State of Emergency for the COVID-19 pandemic without reducing the lawful rent ceiling. Ordinarily, under Rent Board Regulation 1013(A)(2), the lawful rent ceiling must account for discounted or "free" rent during the initial term of the tenancy. Regulation 1017.5 supersedes this existing rule.

The written agreement must include a statement that the reduction is temporary, and is not related to market conditions, habitability, or a reduction in housing services. Written agreements entered into during the local State of Emergency may extend beyond the expiration of the local State of Emergency where the landlord and tenant expressly agree to the duration in writing."

Judicial Council Issues Emergency Rule to Suspend Evictions and Foreclosures

On Monday, California's Judicial Council, representing the state courts, unanimously voted to suspend evictions and foreclosures in California, other than those necessary to protect public health and safety, until 90 days after the state of emergency related to COVID-19 is lifted.

For more information, click here. For the rules, click here.

Also see: https://newsroom.courts.ca.gov/news/judicial-council-adopts-new-rules-to-lower-jail-population-suspend-evictions-and-foreclosures

Oakland Joins Other California Cities and Passes Moratorium on Evictions Related to COVID-19

On March 27, 2020, the Oakland City Council passed one of the strongest, if not the strongest, eviction moratoriums in the state. 

A helpful primer has been prepared by the Oakland Tenants Union, and can be found here.

An excerpt of the official "Information Sheet" is detailed below:

"The Ordinance also prohibits evictions based on nonpayment of rent that became due during the Local Emergency when the tenant suffered a substantial reduction of income or substantial increase of expenses due to COVID-19. The moratorium is set to end May 31, 2020, unless City Council extends it.

The Emergency Moratorium on Rent Increases and Evictions only applies to tenancies regulated under the Oakland Just Cause for Eviction Ordinance and the Oakland Rent Adjustment Ordinance.

Commercial tenants with questions about the eviction moratorium should send e-mail to busdev@oaklandca.gov.

This emergency ordinance establishes moratoriums on Most Evictions:

Most evictions are banned during the Local Emergency. 

Evictions where the tenant poses an imminent threat to the health or safety of other occupants and Ellis Act evictions are exceptions. Evictions for nonpayment of rent that became due during the Local Emergency

A property owner cannot evict a tenant for failure to pay rent during the Local Emergency if the rent was unpaid due to a substantial loss of income or an increase in expenses resulting from the coronavirus pandemic. This includes, but is not limited to the following:

● the tenant suffered a loss of employment or a reduction in hours;

● the tenant was unable to work because their children were out of school;

● the tenant was unable to work because they were sick with COVID-19 or caring for a household or family member who was sick with COVID19; or

● the tenant incurred substantial out of pocket medical expenses.

The tenant is still obligated to pay rent owed during the Local Emergency. The emergency moratorium on evictions does not relieve the tenant of liability for unpaid rent.

Residential Late Fees for residential tenancies:
No late fees may be imposed for unpaid rent that became due during the Local Emergency if the rent was late for reasons resulting from the COVID-19 pandemic.

Rent Increase 

The moratorium prohibits rent increases above 3.5% (the Consumer Price Index, or CPI) unless required to provide a fair return. Property owners contemplating a rent increase during the Local Emergency should contact the Rent Program and speak with a housing counselor. 

Good Samaritan Temporary Rent Decrease A property owner and tenant may agree in writing to a temporary rent reduction [or rent waiver] without the owner losing the right to raise the rent back to the rate established before the temporary rent reductions. Owners must still comply with all noticing requirements for rent increases, unless the agreement specifically states when the rent will return to the original rent amount.

Eviction Notice Requirements The emergency ordinance has very specific noticing requirements. For notices required for evictions and rent increases during the moratorium, please see the Ordinance for specific language.

Residential tenants and property owners may contact the Rent Adjustment Program with questions by calling (510) 238-3721 or sending e-mail to RAP@oaklandca.gov."

For more information, the Oakland Rent Adjustment Program provides a summary of the moratorium and an FAQ to help Oakland residential and commercial tenants. Click here.

To review the ordinance, see the right side of this blog and look under COVID-19 Eviction Moratoriums.

Oakland's Own Barbara Lee Picks Up the Challenge to Protect Renters U.S. Wide

Breaking news! Representative Barbara Lee and a Chicago area Congressman, Chuy Garcia, introduced a federal bill called the "Take Responsibility for Workers and Family Act" which would include a Renter's Eviction Moratorium. If this bill passes Congress, federal law "trumps" state law (no pun intended) and may afford the best tenant protection. Federal law is the "supreme law" under the U.S. Constitution.

Check back for regular updates. A list of Bay Area cities that have enacted - or about to enact - eviction moratoriums due to COVID-19 are listed to the right of this blog post under COVID-19.

What to Do If You Can't Pay Your Rent due to COVID-19

NOTE: On April 6, 2020, the Judicial Council in the State of California suspended issuing summons in unlawful detainer proceedings for 90-days AFTER the state of emergency is lifted, suspended the entry of default judgment, and extended the time for trial with certain caveats. Review these new rules carefully to understand the protections that these rules afford. Despite these new rules, be sure to take a proactive approach with your landlord and timely notify your landlord if you are not able to pay the rent.

For details about the new court rules, click here.

****************
Cities with an Eviction Moratorium:

If you are located in a city with an eviction moratorium (see the right side of this blog entitled "COVID-19 Eviction Moratoriums or Tenant Resources), timely notify your landlord or property management company if you are unable to pay the rent. What is "timely" is described in the eviction moratorium published in your city's ordinance. What is timely under Governor Newsom's executive order is before rent is due or within 7-days after rent is due together with documentation substantiating the reason for the rent shortfall.

The City of San Jose published a tenant's form that can be used to notify their landlord about the impact of the COVID-19 crisis on their ability to pay the rent. 

See Landlord Notification form issued in San Jose.

Berkeley also has a new fact sheet on their eviction moratorium and a sample letter.

City of Hayward provides a tenant notification letter on their website.

County of Marin has a letter in English, Spanish, and Vietnamese that is a tenant's notification concerning their inability to pay rent due to COVID-19.

The City of Richmond recently published a letter that tenants can use to notify their landlord about the tenant's inability to pay rent due to the financial impact of COVID-19.

The San Francisco Tenant's Union also provides a sample letter to landlords which can be found here.

The City of San Francisco provides additional guidance here and advises tenants to notify their landlord about each instance in which the tenant is unable to pay rent. Click here for more information.

The City of Oakland does not provide a sample tenant notification letter but one can be modeled from the sample letters from other cities noted here but that quote the Oakland municipal ordinance and the date that it was enacted.

If your city does not have a similar notification form, draft a letter to your landlord notifying them about your inability to pay the rent due to COVID-19 and support it with documentation. Check your cities' eviction moratorium requirements and draft your notice consistent with those requirements.

Back up your written notice with documentation such as:

• An employer order of mandatory leave with no or reduced pay due to COVID-19;

• Necessity of staying at home to care for children due to school closure and issuance of city order to close your children's school due to COVID-19;

• Reduction of work hours due to the coronovirus pandemic such as a letter from your employer;

• Closure of work location due to local or state-issued shelter-at-home order due to COVID-19;

• Unemployment related to the coronavirus pandemic.

Be sure to check your city's notification requirements for documentation required.

Send the letter by certified mail or by mail with delivery tracking and, if you are able to, email or FAX the letter, too. (Be sure to check the USPS delivery tracking information and print a copy of the delivery information. You may need to use these documents to support an affirmative defense to an unlawful detainer (e.g. an eviction proceeding in court.)

These moratoriums generally act as a defense to eviction but tenants are "still on the hook" for rent. Try to work out a payment plan agreement with your landlord or property manager so that when the moratorium is lifted, you are able to pay a lower balance due.

My City does Not Have an Eviction Moratorium:

If your City has not enacted an eviction moratorium, draft a letter to mail, email and/or FAX to your landlord and quote the requirements of Governor Newsom's Executive Order N-37-20 and follow the requirements set out in this order:

1) The letter must be sent before rent is due or within 7-days afterwards;

2) The tenant is unable to pay rent due to a financial impact caused by COVID-19;

"'(i) The tenant was unavailable to work because the tenant was sick with a suspected or confirmed case of COVID-19 or caring for a household or family member who was sick with a suspected or confirmed case of COVID-19;

(ii) The tenant experienced a lay-off, loss of hours, or other income reduction resulting from COVID-19, the state of emergency, or related government response; or

(iii) The tenant needed to miss work to care for a child whose school was closed in response to COVID-19.

The tenant retains verifiable documentation, such as termination notices, payroll checks, pay stubs, bank statements, medical bills, or signed letters or statements from an employer or supervisor explaining the tenant’s changed financial circumstances, to support the tenant’s assertion of an inability to pay. This documentation may be provided to the landlord no later than the time upon payment of back-due rent."

Send the letter by certified mail or by mail with delivery tracking and, if you are able to, email or FAX the letter, too. (Be sure to check the USPS delivery tracking information and print a copy of the delivery information. You may need to use these documents to support an affirmative defense to an unlawful detainer (e.g. an eviction proceeding in court.)

These moratoriums generally act as a defense to eviction but tenants are "still on the hook" for rent. Try to work out a payment plan with your landlord or property manager so that when the moratorium is lifted, you are able to pay a lower balance due.

Payment Plan and Payment Plan Agreements:

Certain landlord law firms or trade organizations have prepared payment plan agreements (also known as "rent workouts") for landlords to present to their tenants impacted by COVID-19. Before entering into any payment plan with your landlord, consult an attorney to help ensure that the conditions are "bargained for" exchanges and not a one-sided agreement.

Interestingly, the California Apartment Association, a leading landlord association, states:

"If you own or manage rental housing, please demonstrate patience and compassion when dealing with renters affected by coronavirus." 

Landlords also have to pay a mortgage and are being impacted, too.

The CAA is advocating for a state-wide eviction moratorium with financial assistance being offered to both tenants and landlords so that they can benefit from these protections; tenants can rent without fear of eviction and landlords can own without fear of bank foreclosure.

DISCLAIMER: Since the list of eviction moratoriums does not include all cities, check with your city directly or check the Tenant's Together link listed under the COVID-19 resources on this blog. The laws are changing rapidly to keep pace with the pandemic.