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.