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.