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| Photo by Sebastian Pichler on Unsplash |
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.
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
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
