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.

Pets and COVID-19 - An Appeal

For those who know me, I was the guardian to a Maine Coon cat named "Sherlock." I named him for his investigative mind, and, indeed, he was a great detective. I adopted Sherlock from the Marin Humane Society. We were constant companions until he died on December 30, 2019 under hospice care. 

Mama Cat and Me

During the COVID-19 pandemic, many people are experiencing financial crisis and, as the crisis deepens, pets may suffer, too. From lack of food, from loss of their home, from lack of veterinary care.

For pet food pantries, click here and also see the right side of this blog and look for "Animals have rights, too!"

On March 16, 2020, I was working in San Francisco when the sheltering-at-home order took place. By 5:30 p.m., San Francisco was nearly devoid of foot or car traffic. I left my work-space at 6:30 p.m. and walked to the Transbay terminal. I saw an unsheltered woman sleeping on the corner of Montgomery and Pine. Her part-boxer dog was curled up next to her. They were both sleeping and all I could see of the woman was her long hair visible from under a heavy, fiber-fill coat. There was food around her (offerings from passerbys?) I walked across the corner to Peets to get her some hot coffee and food and water for her dog but Peets was closed. In fact, all restaurants, juice bars, and coffee houses were closed. I will never forget this woman and I wonder; will she live? Will she outlive this pandemic? And, her dog, what about her dog?

The Humane Society has developed a resource guide for pet guardians and the COVID-19 pandemic. Please offer assistance to animal shelters and rescue groups and, if you can foster a pet while their guardian is unable to care for their pet, please consider that, too.

I emailed one of my friends a photo of a cat that I recently privately adopted from a daughter whose whose mother passed away in January. The cat's name is "Grady." He's also a Maine Coon.

My friend replied, "Awww, I wish I had a pet, particularly now." His statement brought home the fact that I am surrounded by the love and companionship of two "senior" cats while my friend is isolated while sheltered in his home. 

Fostering a pet is a short-term commitment that can help both the guardian and the pet. "Social distancing" is required but unnatural. All sentient beings need compassion and care.

Summary of Temporary Moratorium on Evictions Due to COVID-19: A Moving Target

State of California:

The Executive Order discussed below (N-28-20) was superseded by N-37-20 which is summarized by the Western Center on Law and Poverty.

****
On March 16, 2020, Governor Newsom issued an Executive Order encouraging cities and municipalities to use their police power to halt residential and commercial evictions during the COVID-19 crisis due to non-payment of rent or foreclosure through May 31, 2020 unless extended.

• Note that the non-payment of residential rent must be due to a substantial decrease in income related to layoffs or a reduction in work hours or a substantial increase in medical expenses.

• Non-payment of commercial rent must be due to a substantial reduction in consumer demand or business hours, or a substantial increase in medical expenses.

• The reason for the non-payment must be documented (e.g. for residential tenants a layoff order or pay-stubs showing the decease, or an unemployment claim may be sufficient evidence.)

Although a temporary suspension of evictions for non-payment of rent or foreclosure may be endorsed by your city, the residential or commercial tenant is still required to pay the rent due when the suspension is lifted (e.g. no longer in effect) if your city has enacted a moratorium on these types of evictions. So, you are "still on the hook" for rent but have temporary relief in making rent payments.

• Please also note that the Executive Order excludes no-fault evictions such as Ellis Act evictions and other evictions for fault such as breach of contract or nuisance.

Bay Area municipalities that have enacted eviction protection are summarized below but please note that this is not a comprehensive list; other municipalities may join the following cities in enacting eviction protection particularly with Governor Newsom's state-wide shelter-at-home order issued on March 19, 2020.

City of Alameda:

“On March 17, 2020, the Alameda City Council passed an emergency ordinance [sic], effective immediately and extending for 60 days, that provides all residential tenants a defense in an eviction proceeding for failure to pay rent (including the tenant's share of the contract rent for Section 8 tenants) when the tenant is not able to pay rent due to a substantial loss of income due to the COVID-19 pandemic. Substantial loss of income due to the COVID-19 pandemic includes: 1) a reduction of 20% or more of monthly gross pay; 2) extraordinary out-of-pocket medical expenses; or (3) extraordinary child care needs.

Landlords are also prohibited from shutting off utilities except in the case of an emergency such as an urgent repair to a water line.”

City of Berkeley:

On March 18, 2020, the City of Berkeley passed an ordinance (B.M.C. 13.110) to “create a multi-million dollar fund to address the growing economic fallout caused by COVID-19 and save Berkeley’s small businesses.In addition, the Council adopted emergency legislation to prevent the eviction of residential tenants and small businesses during this emergency.” 

City of Benica:

An order staying evictions due to non-payment of rent was enacted on March 23, 2020 and is effective through May 31, 2020. Click here.

County of Marin:

City of Hayward:

On March 24, 2020, Hayward enacted an ordinance to provide a 90-day moratorium on evictions due to non-payment of rent. This 90-day period can be extended. But, Hayward's ordinance is novel in that they require landlord to "meet and confer" with tenants before filing an unlawful detainer proceeding after the moratorium expires through city-offered mediation services.

• No eviction for any non-payment of rent owed during the moratorium and within 90 days after the moratorium expires.
• Landlords must meet and confer with tenant(s) prior to initiating any action to evict a tenant.

City of Oakland: 

See: https://oakland.legistar.com/LegislationDetail.aspx?ID=4406542&GUID=EAF35294-F356-4895-A87A-0C1B9CE4D0C3&Options=&Search=

See: https://www.oaklandca.gov/resources/emergency-moratorium-on-residential-rent-increases-and-evictions

Palo Alto:

Palo Alto joined a growing list of cities on March 24, 2020 to enact a temporary moratorium on evictions.

According to the Mercury News, "The urgency ordinance says tenants must provide a written notice to their landlord that they have lost income because of the pandemic and show supporting documents, though the tenant is still responsible for unpaid rent. The moratorium will last for 120 days after the city ends its local state of emergency, and no late fees, interest or penalty will be assessed for unpaid rent."

City of Richmond:

“The Director of Emergency Services issued an Order, effective March 17, 2020, which provides that during the period of local emergency declared in response to COVID-19, no landlord shall take action to evict a tenant for certain reasons, including nonpayment of rent due to the financial impact of COVID-19, and other no-fault evictions (Owner Move-In, Withdrawal from the Rental Market (Ellis Act), Substantial Repairs, Temporary Tenancy) unless necessary for the health and safety of tenants, neighbors, or the landlord.”

City of San Francisco:

“On March 13, 2020, Mayor London N. Breed announced a moratorium on residential evictions related to financial impacts caused by COVID-19. The moratorium will prevent any resident from being evicted due to a loss of income related to a business closure, loss of hours or wages, layoffs, or out-of-pocket medical costs caused by the COVID-19 pandemic. The Mayor issued this moratorium under the powers of the Local Emergency she declared on February 25th.

The eviction moratorium will be in effect for 30 days, and can be extended by the Mayor for another 30 days through an Executive Order. If the Local Emergency declared by the Mayor is rescinded at any point, the moratorium will cease to be in effect.”

City of San Jose:

On March 11, 2020, San Jose enacted a moratorium on evictions due to COVID-19.

"The moratorium is in effect through April 17, and the City Council may extend it.

The moratorium applies to all residential properties in San José, including single-family homes, rooms rented in single-family homes, duplexes, condominiums, income-restricted apartments (i.e., affordable housing), rent-stabilized apartments, market-rate apartments, and mobilehomes.

Please note the moratorium only applies to residential evictions for nonpayment of rent due to impacts of the COVID-19 outbreak. There is no moratorium on lawful evictions for other just causes." For more about this moratorium, click here.

If your landlord initiates an eviction for nonpayment of rent during the moratorium, you should notify your landlord that your income has been reduced substantially due to COVID-19. You should begin collecting documentation as soon as possible.

Here is a form to help you document your reduced income.

When the moratorium ends, your landlord may seek unpaid rent – i.e., past due rent that was not paid during the moratorium – from you.

While the moratorium is in effect, tenants living in single-family homes, rooms rented in single-family homes, duplexes, condominiums, income-restricted apartments (i.e., affordable housing) and mobilehomes will be provided with Just Cause eviction protections that are similar to protections provided to many renters under the Tenant Protection Ordinance."

City of San Mateo:

San Mateo adopted an emergency eviction moratorium on March 23, 2020 which is summarized below. The ordinance is available here.

• During the local emergency landlords are prohibited from evicting tenants who are unable to pay rent due to a financial hardship caused by COVID-19
• Tenants must notify their landlord and demonstrate a connection to COVID-19
• Protections would apply to commercial tenants whose small business has gross receipts of less than $25 million
• Tenants would be required to pay rents owed within 6 months after the emergency is lifted.

Union City:

Enacted on March 24, 2020, Union City's eviction moratorium due to the coronovirus pandemic provides temporary protection from eviction due to non-payment of rent for residential and commercial tenants and 90-days to pay back-rent owed.

Tenant's Together:

Tenant's Together is a state-wide organization advocating for tenant's rights. They have developed a list of cities that have adopted moratoriums on evictions due to COVID-19 which is also not a comprehensive list but which is a list is regularly updated.

They also provide a COVID-19 resource document which provides other resources to help people "weather the pandemic storm."

Nolo Press:

Also see a chart on eviction protection moratoriums related to COVID-19 issued by Nolo Press.

Department of Housing and Urban Development (Federal):

"U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson, in consultation with the Trump Administration and the Coronavirus Task Force, today authorized the Federal Housing Administration (FHA) to implement an immediate foreclosure and eviction moratorium for single family homeowners with FHA-insured mortgages for the next 60 days. These moratoriums are part of the continued effort by President Trump to address impacts to the financial well-being of America’s individuals, families, and businesses caused by Coronavirus (COVID-19)."


Also see the California Apartment Association’s perspective on evictions and COVID-19.  

Possible Statewide Protection Against Eviction

is expected to be announced by Governor Newsom on Monday afternoon. Stay tuned.

Also check out Newsom's press conference in which he announced the following:

"Gov. Newsom Calls For Home Isolation For California Seniors And Closing Bars, Nightclubs To Slow Coronavirus." Click here for more information.

Coronavirus: Oakland City Council takes first steps to halt evictions

Published in the Mercury News, the reporter covers Oaklands' advance of an ordinance to be considered by the City Council to protect tenants who have been sent home from work without pay due to the COVID-19 pandemic and who, as a result, are unable to pay their rent.

Movement to Halt Evictions During the COVID-19 Crisis and PG&E Assistance

ACCE is requesting tenants to petition Governor Newsom to implement state-wide action to protect tenants during the Coronovirus pandemic. To sign the petition, click here.

Pacific Gas and Electric has voluntarily implemented a moratorium on service disconnections for non-payment due to the COVID-19 pandemic. Click here.

"San Jose Spotlight" reports "San Jose adopts a ban on evictions amid coronavirus outbreak" and San Francisco is considering a similar emergency measure

This is an excerpt of the report. The full report can be found here.

"Fearing severe economic consequences to vulnerable San Jose families, city lawmakers on Tuesday unanimously approved adopting a moratorium on evictions for residents who can’t pay rent because of lost income resulting from the coronavirus outbreak.

As the virus continues to spread across the globe with new cases every day, leaders are advising residents in more than 90 countries to stay home and avoid public spaces, events and the workplace.

But in San Jose, where families are grappling with the region’s exorbitant cost-of-living and crippling housing crisis, many are at risk of being pushed into poverty and homelessness if they can’t pay their bills.

The temporary moratorium, which will be in effect for 30 days with the possibility of an extension each month, is meant to protect residents who cannot make rent on a home or business by prohibiting landlords from evicting them. To qualify, residents must notify their landlords either before or on the day their rent is due, as well as provide documentation such as notices from schools shutting down, doctor’s notes, quarantine advisories or pay stubs, showing they have faced a substantial loss of income due to the virus.

Landlords who fail to comply could face penalties and fees. City leaders will vote on enacting the moratorium after a policy is drafted in two weeks and return to City Council next week to vote on extending the ban to small businesses . . ."

"Neighboring cities are considering similar ordinances. In San Francisco, District 5 Supervisor Dean Preston proposed a ban on evictions for residents who can’t pay rent due to the virus or from government-recommended health precautions, according to the San Francisco Examiner."

Contact Nadia Lopez at nadia@sanjosespotlight.com or follow @n_llopez on Twitter

Also see: Preston calls for ban on evictions of tenants affected by coronavirus

Is Your Building Being Ellised or Going Through Bank Foreclosure?

Perhaps you'd like to make a bid on the property and have first rights to do so? 

Well, tenants in Oakland, Berkeley, and state-wide may have this right in the near future and, through a land trust, buying your building may be a reality and not a "pipe-dream."

Berkeley's TOPA would give renters first right to buy their home. Click here for an article published by the San Francisco Chronicle that discusses TOPA, Oakland's initiative, and SB1079, a bill initiated by Senator Nancy Skinner.

Click here for more about Skinner's synopsis on SB1079 and click here.

Community land trusts can also step in to assist the tenants in acquiring the property:

Bay Area Community Land Trust

Oakland Community Land Trust

San Francisco Community Land Trust

Bay Area Consortium of Land Trusts

In fact, the Bay Area Community Land Trust is helping to lead Berkeley tenants in a possible acquisition of a multi-story building in North Berkeley; tenants are being Ellised and are campaigning for the right to bid on the property that many have lived in for years.

See more about TOPA in Berkeley. Click here.

Giving Credit, Where Credit is Due - More on the CPI

Having recently attended a presentation to landlords and tenants at the Richmond Rent Board on AB 1482, the new state "anti-gouging" law, there was some discussion about the allowable rent increase under Richmond Rent Control and under AB 1482. One of the presenters said, "Richmond uses the full CPI" which got me thinking that there should be a table of all municipal areas and the relevant CPI calculation in the Bay Area.

But, someone preceded me with this idea, a landlord attorney named Daniel Bornstein. See link to his summary of Bay Area rent control.

The CPI calculation in Oakland is a little more complex than "Regional CPI" but I get it. However, this begs the question why Oakland and Richmond's CPI percentage is less forgiving than San Francisco or Berkeley when Oakland and Richmond are more economically depressed than their sister cities. . .

P.S. I received a private comment that the summary referred to above excludes the City of Alameda and Union City.