To him, the eviction and removal of two rent-controlled units is a piece of the larger story of his neighborhood, which has undergone immense change since he arrived a decade ago. These evictions are temporary. The building is being demolished or substantially rehabilitated (meaning a full gut and rehab job, not minor repairs). He or she is still responsible for paying rent and carrying out the terms of the original lease, although rents will generally be paid to the new owner. To make matters more complicated, Alameda County has a separate but similar ordinance, and there are additional state rules dictating what cities can do. But ever since the ordinance went into effect, theres been widespread confusion about what the rules actually mean and whos protected. All documents for Ellis Act cases must be mailed to 250 Frank Ogawa Plaza, Suite 5313, Oakland, CA 94612. If the property is sold with nine months remaining on a one-year lease, the tenant has the right to occupy the unit for the remaining nine months. Familyincludes spouse or domestic partner; child; grandchild; parent; and grandparent ONLY. Oakland Evictions Moratorium FAQ - Asian Pacific Environmental Network The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice. Ellis Act evictions are complicated but can and have been successfully resisted by tenants. 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. Does that mean my whole house is protected from eviction after the crisis? Click here to access the portal. Property owner withdraws unit from the rental market under state law (Ellis Act). , or for any reason not specified in the law. If you have lived at a property longer than a year, you must get a. For property owner forms, click here. Even though you cant get evicted, there are risks to accruing that debt. Oakland tenant relocation payments - Bay Area Housing Law Later on, the state passed a sweeping eviction ban and created a rental assistance program to help out tenants who couldnt pay rent, and their landlords. At-fault evictions do not require relocation assistance. The Rent Adjustment Programs Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer any RAP or housing-related questions you might have. Landlords can still carry out whats called an Ellis Act eviction, though, meaning they can make you leave if theyre taking the building off the rental market altogether, by selling it, for example. My lease ended in May. When local governments declare the COVID-19 emergency over, the policies will expire. We amplify community voices, share the power of real information, and investigate systems, not just symptoms. Both Oakland and Alameda County have eviction moratoriums that prevent landlords from evicting their tenants, even if they don't pay their rent. 120 Day Notice to Quit (Ellis Act) For evictions under the Ellis Act, a landlord is required to provide 120 days written notice prior to filing an eviction lawsuit. The Eviction Moratorium ends on July 15, 2023. Landlords must give at least a 120-day notice for an Ellis Act eviction, possibly longer depending on the age or health of the tenants involved. No fault reasons require relocation assistance (a payment from the landlord equal to 1 month of rent). (The Oaklandside hasnt independently verified the information on the list.). You need to carefully monitor this. This trend has continued to date. The base payment amounts until June 30, 2024 are: Tenant households in rental units that include lower income, elderly or disabled tenants, and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the owner. Tenants who experience difficulty with owners concerning their rights under the Just Cause Eviction Ordinance may bring civil action in court on their own, but are advised to first seek assistance from these city-financed services: If you have received a Notice of Unlawful Detainer you can contact the, eviction protection law (O.M.C. To him, it felt like the Ellis Act is the only way they could get us out. Myatt, whos cobbled together an income from his various cat-related pursuits while Dangers photography business has been slowed by the pandemic, said it was a stressful time to consider looking for a new, inevitably more expensive, place. The Uniform Relocation Ordinance requires owners to provides tenants displaced by code compliance activities, owner or relative move-ins, Ellis Act, and condominium conversions with relocation payments. But after years of giving countless kitties a home, he stands to lose his own. California just extended eviction protections again. But how many The Ellis Act: The Ghosts of the Past, Present, and the Future - AAGLA Withdrawal of rental units is effective 120 days (or one year for qualified elderly or disabled tenants and any other tenants for which the date of withdrawal has been extended by the landlord) after filing of Notice of Intent (Step 2). In addition to the stipulated relocation payments, vacated tenants may also collect amounts on deposit, including prepaid last months rent, as well as deposits for security damages, and pet deposits. Your donation makes this and all our other local reporting possible. 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. If you do not want your petition reviewed and want to file, please submit your petition to hearingsunit@oaklandca.gov . Those exceptions include cases where a renter is threatening someones safety, or if the owner plans to take the building off the rental market, through whats known as an Ellis Act eviction. City of Oakland | Understanding Evictions in Oakland Landlord Tenant and Elder. That ordinance only covers apartments and houses built before 1996, and it doesnt cover people who live with their landlords. Refusing to let the landlord into the apartment for inspection, repairs, or other purposes. THE NOTICE TO TERMINATE A TENANCY IS THE FIRST STEP IN AN EVICTION ACTION. 5. Copy of Certificate and Summary (Form 2).with the Alameda County Recorders seal verifying recording. Tenant attorney Leah Simon-Weisberg of the Eviction Defense Collaborative said Ellis Act evictions are rare in Oakland but are sometimes used to convert a property into condos, which is easier to do when an entire building is vacant. We amplify community voices, share information resources, and investigate systems, not just symptoms. You see a lot of corporate landlords come in and buy property, then flip it within the year, she said. 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. 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. Eviction Notices | Wolford Wayne LLP | Wrongful Eviction Attorneys Oakland Your donation goes beyond supporting our journalism. The landlord wishes to demolish or substantially remodel the unit. Affordable housing, subsidized housing, HUD housing, or deed-restricted housing. In December, the City Council passed a resolution calling on Gov. General forms can be found on our website. Read Online Read the Ordinance Download Forms File Ellis Act Forms Date Posted: August 31st, 2018 @ 3:44 PM Thats where things get complicated. (510) 250-5635 1300 Clay Street. A tenant who is . The reporters and editors on The Oaklandside are dedicated to sharing the mic, reporting on systems, not symptoms, and providing you with the information you need to be an informed resident of our city. Hearings Unit: hearingsunit@oaklandca.gov. Several local tenant advocacy groups have compiled a guide to Oaklands moratorium, and the city has information online as well. If you are a tenant with a disability and the realtors entrance in the home is impacting your sense of safety, its important that you document it. The whole property and permanently out of the rental business. RAP strives to return all e-mails within a twenty-four-hour timeframe. Within 15 days of receipt of such documentation, the owner must deliver to the tenant the additional relocation payment. Landlords are prohibited from using cutting off the utilities or changing the locks to get a tenant out of the unit. Enilda Rodriguez: Setting the Record Straight on Pandemic Eviction and Oakland and Alameda County have eviction moratoriums that prevent landlords from making tenants leave during the pandemic, even if they dont pay their rent. It also helps your family, friends and Oakland neighbors have access to reliable, independent reporting. Measure V amended the Ordinance to require that owners of units built after 1995 cite a just cause to evict a tenant. If you value what you get from The Oaklandside, please join us with a tax-deductible donation today so we can continue doing the local reporting that matters to you. Erica Danger and "Cat Man" Adam Myatt live in one of the 12 Oakland buildings that received an Ellis Act eviction notice last year. The entire building is being taken off the rental market under the Ellis Act. You likely heard about the state eviction law. These property owners are also required to pay the annual Rent Adjustment Program Service Fee, which is currently $101 per unit. Without the institution of just cause protections, Oakland's housing emergency will continue, and will contribute to increases in homelessness, crime, neighborhood instability, and harm to . Also, the new law requires that owners of rented Vehicular Residential Facilities (VRFs), such as recreational vehicles and tiny homes on wheels, cite a just cause to evict their tenants.
