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?)

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[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…”