Topics can be, but are not limited to, tenant and property owner issues and concerns, Oakland rental housing laws, or how to file a petition with RAP. This requirement applies to households with any minor children enrolled in school, and to households with educators who are employed by Oakland Unified. The amount of rent demanded cannot be less than one month of fair market rent for a unit of equivalent size in the Oakland metro area as determined by the U.S. Department of Housing and Urban Development. TO SUCCEED, A PROPERTY OWNER MUST PROVIDE THE TENANT WITH THE CORRECT LEGAL NOTICE. For property owner forms, click here. Which residential units are covered by the Just Cause Ordinance? City of Oakland | Respond to a Notice of Eviction Morris was hoping to find her son and some of his belongings at the reunification area but was unsuccessful. The City of Oakland Rent Board has issued Regulations related to the Emergency Eviction Moratorium. PDF Emergency Moratorium on Rent Increases and Evictions Frequently Asked The Just Cause for Eviction Ordinance ("Ordinance") generally prohibits landlords from evicting tenants from residential rental units covered by the Ordinance without specified just cause grounds. RESOURCES FOR PROPERTY OWNERS DURING COVID-19, Housing Resources for Tenants and Property Owners during COVID-19, Fact Sheet on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 from Governor Newsoms Office, Announcement of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Relief Act of 2020 (AB 3088) from Governor Newsoms Office, Full Text of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088), State of California, Department of Real Estate: Tenant Protection Guidelines. Oakland has permanent tenant protections as well, preventing most evictions without just cause like failure to pay rent or illegal activity. Thank you for supporting The Oaklandside and being a part of our community. You can also look up information related to cases through the RAP database. The tenant has not paid their rent. The estimated time required to complete the repairs and the expected date that the unit will be ready for move-in. 1. Because the Oakland voters adopted the Just Cause for Eviction Ordinance, they must approve any change to the Ordinance. We amplify community voices, share information resources, and investigate systems, not just symptoms. Housing | 2. Low-income on a $100K salary? This material may not be published, broadcast, rewritten, or redistributed. A Notice to Terminate or Evict must specify one of the following eleven Just Causes: Failure to pay rent. The official website of the City from Cities. Some of Californias cheapest cities have seen biggest rent hikes. **Please note: The Rent Adjustment Program will not provide legal advice. Make sure the notice or eviction was filed by the owner to the RAP within ten (10) days of you receiving the notice. If you do not know who your Case Analyst is, you can e-mail hearingsunit@oaklandca.gov to find that information. Where an eviction due to the owner or their family to move in, the notice must also contain the following: A listing of all property owned by the intended future occupant(s), The address of the property, if any, of the person moving in in which they claim a homeowners property tax exemption. Make sure the notice is a valid cause for eviction. Housing | Example Link; Example Link; Example Link; Find out about meetings, request City services through OAK 311, or contact the Mayor and City Council. A property owners failure to file this notice is a defense to any resulting Unlawful Detainer action. Contact a RAP Housing Counselor: rap@oaklandca.gov. As a result, this measure requires that landlords in owner-occupied duplexes and triplexes have just cause to evict tenants and comply with relocation requirements when they evict for owner move-in or repairs, unless some other exemption applies. Make sure the notice is a valid cause for eviction. If you have received a notice of eviction, contact a tenant advocacy organization for legal support or assistance. If the owner does not include the required statements in the notice it can be used in your defense of the eviction. Property owner withdraws unit from the rental market under state law (Ellis Act). Both policies are still in effect and will remain so until after the coronavirus crisis. new Date().getTime(),event:'gtm.js'});var f=d.getElementsByTagName(s)[0], *Please note: The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088) protects qualifying tenants from eviction for non-payment of rent until February 2021. Also, this exemption is not permanent, as it applies only to units built within the past 10 years. If you would like to receive e-mails about upcoming events or updates from the Rent Adjustment Program, please sign up! Make sure the notice or eviction was filed by the owner to the RAP within ten (10) days of you receiving the notice. Eugene passes renter protections for security deposits, applications . Address: 250 Frank H. Ogawa Plaza, Suite 5313. Click here to access the portal. Thats left individual property owners out tens or even hundreds of thousands of dollars, forcing some into foreclosure or to get out of the rental business altogether, said Derek Barnes, chief executive of the East Bay Rental Housing Association. Whats not included online are the addresses of individual properties where eviction notices were filed. To schedule an appointment for review e-mail rap@oaklandca.gov. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. We need our partners in government to pass comprehensive tenant protection legislation and adequately resource legal aid.. Measure Y allows the City Council, without returning to the voters, to amend the Ordinance to add additional limitations on a landlords right to evict, e.g., mandating compliance with certain rules and standards, such as, but not limited to, providing a proper notice. Despite the at least $66 million in emergency rental assistance distributed in Oakland during the pandemic, many local tenants remain behind on rent. If you cannot find the form you want, you can e-mail the Rent Adjustment Program at rap@oaklandca.gov to obtain it. Additionally, the moratorium prohibits residential rent increases above 2.7% (the Consumer Price Index, or CPI) and prohibits any late fees related to COVID-19 issues in residential units. Then in March 2020, as many local businesses were laying off their entire staffs and others were temporarily shutting down, Oakland and Alameda County passed moratoriums on evictions. On November 8, 2022, Oakland voters passed Measure V to amend the Just Cause for Eviction Ordinance. While tenants can enforce the contract, landlords cannot. The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. Official Website for the City of Oakland | Mayor Sheng Thao. Housing | All documents for Ellis Act cases must be mailed to 250 Frank Ogawa Plaza, Suite 5313, Oakland, CA 94612. Oakland's eviction moratorium will continue to protect Oakland renters from evictions during the COVID-19 emergency. Berkeley has begun allowing more evictions before its moratorium expires Aug. 31. Jul 13, 2023. Contact a RAP Housing Counselor at (510) 238-3721 or rap@oaklandca.gov for more information. Notice to Cease (Under the Just Cause for Eviction Ordinance), Notice of Eviction for Repairs (Under the Just Cause for Eviction Ordinance), Property Owner Petition to Extend Time of Tenant Vacancy for Repairs. But landlords can still take tenants to court to recoup rent debt from that period. Under the Oakland Just Cause for Eviction Ordinance, a landlord may only evict for the following eleven reasons: Failure to pay rent; Breach of lease, with the exception of subletting clauses under certain situations; Failure to sign a lease extension that is materially the same as the original lease; Willful and substantial damage to the . The eviction process will last at least two weeks, the city said, to give people time to clear out and relocate. All new petitions and petition-related documents can be submitted by mail to the address above, electronically submitted to rap@oaklandca.gov, or the online portal. Hearings Unit: hearingsunit@oaklandca.gov. By Ann O'Connell, Attorney Put all the stuff you dont want out front if you havent done it already. Dave Detling reports. Please read the information below carefully to find the best way to contact us. As evictions return, more dogs in Oakland could need foster homes Please note that all PRRs are considered public information. After months of delays and legal battles, eviction day arrived on Monday for Oaklands Wood Street homeless encampment. Looking at renter-occupied housing, the study found a much higher rate of eviction notices filed in majority Black Census tracts than in Latino or white tracts. If you have received a notice of eviction, contact a tenant advocacy organization for legal support or assistance. However, tenants living in units not covered by Oaklands Emergency Eviction Moratorium, i.e. However, if your unit is not covered under RAP, it may still be covered under this ordinance. Phone: (510) 238-3721 | Fax: (510) 238-6181. She was previously on staff at Berkeleyside, where her extensive reporting on the legacy of school desegregation received recognition from the Society of Professional Journalists NorCal and the Education Writers Association. '&l='+l:'';j.async=true;j.src= For evictions based on a violation of the lease, the property owner must show that the breach is based on a reasonable term that the tenant accepted in writing. Official Website for the City of Oakland | Mayor Sheng Thao. j=d.createElement(s),dl=l!='dataLayer'? This means that while an owner can ask a tenant to sign a new lease that is substantially identical to the old lease, the owner cannot evict the tenant if the tenant refuses to sign. The notice must include a statement explaining why the notice was issued. Find out info meetings, request City services using OAK 311, or contact the Mayor both City Council. 2. Alameda County's eviction moratorium will expire at the end of April City of Oakland | Start the Eviction Process | Oakland's eviction Find out about meetings, request City services through OAK 311, or contact the Mayor and City Council. Where an eviction is due to substantial repairs, the notice must also contain: A statement informing tenants of their right to payment under the Oakland Relocation Ordinance. (We didnt include 94705 in our rankings because its almost entirely in Berkeley.). Opinion: Newsom says CEQA is broken. The purpose of this program is to foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance set out by the City of Oakland. These property owners are also required to pay the annual Rent Adjustment Program Service Fee, which is currently $101 per unit. For questions about the end of the Citys moratorium, contact a RAP Housing Counselor at 510-238-3721 or RAP@oaklandca.gov. The Eviction Process in California California's eviction procedures are complex, and landlords need to ensure that they follow the exact procedures required by lawor risk having their eviction lawsuit tossed out of court. Across much of the rest of the region, a Bay Area News Group analysis found evictions surged to pre-pandemic levels across local counties as state protections rolled back last year. On July 15, the City of Oakland's COVID-19 pandemic-related eviction moratorium will sunset. A Notice to Terminate or Evict must specify one of the following ten Just Causes: NOTE: The expiration of a rental agreement, the sale of a property (including transfers due to FORECLOSURE), conversion to condominium, or changes in the federal Section 8 status of a unit are not good causes for eviction under Oakland law. The Rent Adjustment Program does not hear eviction cases and cannot provide legal advice or legal assistance. 3. Alameda County will continue banning evictions until 60 days after the county emergency ends. (function(w,d,s,l,i){w[l]=w[l]||[];w[l].push({'gtm.start': Oaklands pandemic eviction moratorium has, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window). City of Oakland | Understanding Evictions in Oakland - The eviction This can be done by reviewing the Just Cause for Eviction ordinance and the reasons it provides for evictions. IF YOU GET AN EVICTION NOTICE OR ARE CONTEMPLATING SERVING A NOTICE ON YOUR TENANT CALL A RAP HOUSING COUNSELOR AT (510) 238-3721 AS SOON AS POSSIBLE. There are also explainable spikes in some months. Please use the link below to add your name and e-mail to our list for future updates. ", Offers from FOX Television stations and our advertisers. Property owners are also required to pay the annual Rent Adjustment Program Service Fee, which is currently $101 per unit. When Oakland property owners notify tenants that theyre beginning an eviction process, theyre required to file a copy of the notice with the city, explaining why theyre trying to remove a renter. The exception to this requirement is ground-up new construction units that received a Certificate of Occupancy within the past 10 years, on a rolling basis. "We have to use the city shelter and the shelters we have stood up to be able to assist with these closures," she said. City of Oakland | Start the Eviction Process | Eviction - Oakland Oakland Animal Services is worried about overcrowdingand the need to euthanizewhen the eviction moratorium ends this month. The full text of the May 19th ordinance is available here. Owners are encouraged to seek and obtain legal advice concerning their own particular circumstances. City of Oakland | Start the Eviction Process Oakland and Alameda County have "eviction moratoriums" that prevent landlords from making tenants leave during the pandemic, even if they don't pay their rent. App. However, a 2018 report from the city suggested there are major racial disparities in evictions in Oakland. We also offer an online portal where you can submit your petitions and all petition-related forms online. Specific language is found in the Just Cause Regulations. Tenants may contact the Eviction Defense Center (EDC) at (510) 452-4541, East Bay Community Law Center (EBCLC) at (510) 548-4040, Centro Legal de la Raza at (510) 422-5669, or Bay Area Legal Aid at (866) 346-3405. "It's important.".

San Juan Helles Lager, Valley Fair Camp Snoopy, Can Antimony Be Broken Down By Chemical Means, Grace's Mandarin Owner, Articles C