2.2 20-0377 Subject: Eviction Moratorium Emergency Ordinance Extension
From: Councilmember Bas, President Pro Tempore Kalb And City Attorney Parker
Recommendation: Adopt An Emergency Ordinance Amending Ordinance No. 13589 C.M.S. To (1) Extend The Moratorium On Residential Evictions During The Local Emergency Proclaimed In Response To The Novel Coronavirus (Covid-19) Pandemic; And (2) Extend The Moratorium On Commercial Evictions Based On Nonpayment Of Rent That Became Due During The Local Emergency When Tenant Suffered A Substantial Loss Of Income Due To Covid-19
I hope that council members can extend the eviction moratorium. During the pandemic, a lot of residents lost their jobs. They won’t have enough income to pay for the rent. The pandemic has not ended yet, renters still not being able to go back to normal life, how they pay for the rent? If renters are being displaced, the economy will just become worse and worse.
Oaklanders - including landlords - support an emergency measure to protect tenants unable to pay rent during the crisis from eviction. But how did this Council get it done?
This Council did not include a reasonable, workable requirement that tenants demonstrate financial hardship to take advantage of the protections. Why?
This Council did not tie the protections to the hardship caused by the crisis - an inability to pay rent - and barred evictions for ANY breach of the lease (other than imminent threat to public safety). Why?
Will the Council now address these reasonable concerns, and extend the moratorium for another 60 days, rather than until the Council decides to declare the crisis over? The difference between the two is the accountability voters expect.
I am tenant in D7. As a renter who in the past had been previously kicked out of my housing for no cause, I support the eviction moratorium. We MUST continue to prioritize housing as a human right. Oakland's leadership and model for the country is critical to showing that we know how to take care of our most vulnerable residents. This is the time for the Oakland City Council to continue to show its leadership by extending the moratorium till the end of the shelter in place. As the Political Director of Oakland Rising, we conducted a wellness check texting program reached out to approximately 8K residents and we found that after unemployment, housing security and concerns about eviction were the 2nd issue folks were most concerned with. Thank you Councilmember Nikki Bas and Dan Kalb on your championing this issue. It will help to prevent an increase the unhoused population. Let's be bold and protect all renters beyond CV19.
Eviction is a poor solution in the best of times and a terrible solution while there is a pandemic. People must have a place to shelter. Evicting current tenants will not guarantee a new one, certainly not one who can pay an equal or greater rent. This measure should also extend 6 months or more beyond the end of the public health emergency as tenants may not be able to get re-hired immediately or find a new job. Most certainly will not be able to pay back rent.
The concerns of small landlords are of course very real. The mortgage suspension and forgiveness programs that exist might not be enough. The City should enact a moratorium on foreclosures if it has not already. Also, as the city can likely borrow at a lower rate than most landlords, it should consider buying properties and guaranteeing current occupants long term leases.
I am a tenant in district 5. There are 5 units in my building and at least one person in every household has lost their job due to this crisis. Most are immigrants who do not qualify for assistance. Across the state, 4.3 million people have applied for unemployment. That's exponentially more households in the same situation as myself and my neighbors, struggling to make rent and still afford food during a pandemic.
Oakland currently has the strongest eviction moratorium in the state. We MUST show leadership for the rest of the state and country by extending this moratorium, without amendments, until the end of this crisis. Low-income homeowners and landlords deserve support too, but this moratorium is essential to prevent exacerbating the housing crisis.
I am a native, Hispanic senior and live in my duplex and am retiring this year. I have had great luck with my current tenant but I've been on the other side as well and if this eviction moratorium was in place today I would have an impossible task trying to get out the dangerous, deadbeat individual I dealt with in the past. Evictions are a last resort, but they are an EXTREMELY important tool for a housing provider when all else has failed. The process is difficult but essential at times. And ...how can you NOT be able to ask the renter for proof of financial hardship? The opportunistic fraudulent types out there ( and trust me, they're out there right now, drooling and rubbing their hands together) will have a field day.
This measure seems designed to put small business landlords out of business at a time when small businesses are already struggling. Many seniors depend on the rent payments to pay the mortgage and property taxes on the rental property and to put food on their own tables. Why assume that the tenants are more financially strapped than all landlords? Tenants who cease paying rent should be required to demonstrate financial need and landlords' financial needs should also be considered. This pandemic will not be open-ended, why should the moratorium be open-ended? Like every other pandemic mitigation measure, the need for the moratorium should be reviewed every month.
On behalf of EBHO, I urge you to support Oakland's tenants, small business owners, and neighborhoods by extending the moratorium.
Many residents have lost months of income due to the pandemic. Many will have no jobs to return to when the county reopens. Without an extension of the moratorium, Oakland is sure to see a steep increase in evictions, homelessness, and displacement.
At EBHO, we're acutely aware of the impacts of this crisis on small property owners and affordable housing providers--both of which are key to preventing further loss of community wealth and affordability. We invite you to join us in advocating at the state and federal level for rent and mortgage relief that prioritizes renters at risk of homelessness, small property owners, and non-profit affordable housing providers. In the interim, we need the eviction moratorium to ensure that there's time for these far-reaching solutions to develop. Evicting tenants only makes them less likely to pay back rent, not more.
Putting a moratorium on evictions is a drastic measure, which should only be applied in the short-term, if at all. It is not something in which to have an undefined end date. It is so drastic and is potentially hugely detrimental to small mom and pop housing providers that live in this city, that it needs to be revisited on a regular basis. This moratorium on evictions is giving carte blanche permission to not pay rent for housing services provided without any requirement to verify evidence of financial hardship. Many of the organizations that are supporting this moratorium on evictions extension are also organizing for rent strikes. What protections are you providing against blatant abuse of the drastic moratorium on evictions? Putting in a line that some point in the future you will have to pay back those funds is not sufficient enforcement of someone's obligation to pay for housing services received. This is a lopsided measure that needs to consider small local housing providers.
Exending the moratorium indefiniately is unreasonable. Small landlords are already in a position where they are lending money to tenants they don't have for an extended period of time. Extending this even more would cause a large amount of debt that the tenant will probably not be able to pay back. Tenants should also be require to show proof of hardship. If landlords have to provide proof of hardship to the banks, then tenants should also be require to show the same proof of hardship. I strongly oppose this moratorium extention.
I am an African American senior citizen who has lived in my triplex in Lake Merritt since 1985. Never before. have experienced such animosity towards small landlords like me and a lack of support/foresight from city officials I want to oppose this open ended moratorium extension. . Do you want Oakland to turn into the Bronx where landlords simply abandoned buildings because city policies created an economic disaster for landlords? Between the rent control, difficulty in evicting a tenant - who get access to free legal assistance, where we get none -now this moratorium extension is the last straw. How you think a landlord can still pay a mortgage, property taxes, utilities, repairs without getting rent from tenants? Not all landlords have deep pockets like the out of state developers/owners of the high rises who are dramatically changing the character of the city and increasing the rents.
As owner of a four-unit building, and 45-year Oakland resident, I oppose the open-ended moratorium extension. Allowing tenants to defer rent without requiring verification of need and limit recourse invites abuse. Tenants should recognize that the eviction moratorium is not indefinite. Reclassifying late rent to “consumer debt” places the legal cost burden on landlords who have extended tenants’ de facto interest free loans. Rent should be a consumer priority supported by local laws. Like it or not, rents support mortgages, taxes, and operation costs which are key to the financial structure within which our economy operates. Those who dislike the system or want to disrupt it should not be allowed to use the pandemic as an opportunity to advance their agendas. For fundamental change to be successful, all stakeholders should be at the table – and the voices of small housing providers be heard.
Extend moratorium no more than 2 months, include a repayment plan of no more than 4 months, tenant should notify owner at least 12-15 days before rent is due each month they wish for a deferral, and proof of unemployment or change in pay must be provided to owner no later than 5 days after the month.
It is clear CMs do not wish to preserve small property owners in Oakland. This administration has a bigger mission- for these small owners to foreclose, so council’s pet non-profits or land trust can swoop in with tax dollars to buy them up. A twisted & painful way to achieve eminent domain.
An extension of the moratorium isn't entirely unreasonable, but it should not be made indefinite. Landlords are ill-advised to fill vacant units as long as the moratorium is in effect. It's simply too risky. Extreme policies like this may help some tenants remain housed, but the net effect is to reduce overall housing availability in Oakland. Not something this community needs right now. Why not just extend the moratorium 1-2 months?
The open ended extension of the eviction moratorium is bad for both renters and housing providers. Allowing tenants to keep putting off paying rent only enables them in digging a deep debt hole while at the same time puts owners at risk of defaulting on their debts. I urge city council to come up with a process that helps both housing providers and renters work through this difficult time by requiring proof of assistance warranted and implements payment plan standards up front. The current moratorium is dealing with the pandemic rent problem is a very short sighted solution and will ultimately result in harm done to hard working people and the city as a whole. Please stop making policy that is furthering the divide between owners and renters. Oakland needs fair and equitable policy that addresses the needs of all sides involved.
Reject this indefinite extension. Residential small property owners should not be treated the same as corporate landlords. We are impacted by the financial hardship like everyone else, and can't afford to let tenants live rent free. Banks are ending forbearances on July 1st and no bank is offering loan forgiveness. Sadly, many tenants, pushed by pro-tenant organizations, are taking advantage of this moratorium to engage in a "rent strike," and are refusing to work with landlords to get through this crisis together. Requiring proof of tenant financial or medical hardship like most other cities have enacted is a first step. This moratorium is destroying small property owners in Oakland. No other business in Oakland is being forced to make long term interest free loans to their customers!
Please join over 100 small property owners who are coming together to file a class action lawsuit against the City of Oakland. To join this action contact EndTheMoratorium@gmail.com
Please extend the moratorium on evictions to keep renters and small businesses protected during this critical time, while people are struggling. As a homeowner, I know that there are a lot of options available to assist homeowners/landlords, since most lenders are offering mortgage forbearance or loan modifications. But this moratorium on evictions is one of the only protections available to folks who can't afford to pay their rent.
I am a D5 resident and voter and strongly urge the council to extend this emergency measure. We are clearly not out of this crisis yet, and people will continue to struggle to find work, and get relief in a timely matter from federal and state resources. Residents deserve ongoing support to ensure we all have safe, stable homes and places to shelter.
Extending this moratorium without verification of need and without recourse is irresponsible. It will lead to bankruptcy for many small housing providers and a rude awakening for the tenants left in the lurch.
Assistance to all who can verify it should be made available as other cities around Oakland have worked to provide. In this truely a state of real emergency the land trust funds, which belongs to all of us, should be opened to those that need it!!
I am increasingly stunned by the lack of regard for the unsuspecting Mom and Pop housing providers throughout Oakland on the part of Ms. Bas and Mr. Kalb. This proposed power grab is blatant and will create further ill will and lawsuits for decades.
We are ALL impacted by this state of emergency.
Reminder in an election year for some- you should be working for all of us.
I am a long time Oakland resident and will be put out onto the streets if I can not collect rent to pay for monthly mortgage on my triplex. The eviction moratorium is needed, but should be reasonable like San Francisco's or extended for a month or two with reasonable back rent repayment within 4 months. Oakland should look info Rent Relief Fund for tenants as Berkeley accomplished. Renters have unemployment insurance and additional assistance of $600/week from COVID job loss as well as federal checks during this crisis. The banks require documentation of COVID impact for mortgage forbearance, with full amount due at end of 3 months forbearance. Tenants should provide this proof within 10 days if they are late on rent so owner can forward to the banks. I know other duplex and triplex owners who would be put out onto the streets if Council Members Bas and Kalb cruelly passes this radical, unbalanced legislation. We would be homeless and the banks would make horrible landlords.
I hope that council members can extend the eviction moratorium. During the pandemic, a lot of residents lost their jobs. They won’t have enough income to pay for the rent. The pandemic has not ended yet, renters still not being able to go back to normal life, how they pay for the rent? If renters are being displaced, the economy will just become worse and worse.
Oaklanders - including landlords - support an emergency measure to protect tenants unable to pay rent during the crisis from eviction. But how did this Council get it done?
This Council did not include a reasonable, workable requirement that tenants demonstrate financial hardship to take advantage of the protections. Why?
This Council did not tie the protections to the hardship caused by the crisis - an inability to pay rent - and barred evictions for ANY breach of the lease (other than imminent threat to public safety). Why?
Will the Council now address these reasonable concerns, and extend the moratorium for another 60 days, rather than until the Council decides to declare the crisis over? The difference between the two is the accountability voters expect.
I am tenant in D7. As a renter who in the past had been previously kicked out of my housing for no cause, I support the eviction moratorium. We MUST continue to prioritize housing as a human right. Oakland's leadership and model for the country is critical to showing that we know how to take care of our most vulnerable residents. This is the time for the Oakland City Council to continue to show its leadership by extending the moratorium till the end of the shelter in place. As the Political Director of Oakland Rising, we conducted a wellness check texting program reached out to approximately 8K residents and we found that after unemployment, housing security and concerns about eviction were the 2nd issue folks were most concerned with. Thank you Councilmember Nikki Bas and Dan Kalb on your championing this issue. It will help to prevent an increase the unhoused population. Let's be bold and protect all renters beyond CV19.
Eviction is a poor solution in the best of times and a terrible solution while there is a pandemic. People must have a place to shelter. Evicting current tenants will not guarantee a new one, certainly not one who can pay an equal or greater rent. This measure should also extend 6 months or more beyond the end of the public health emergency as tenants may not be able to get re-hired immediately or find a new job. Most certainly will not be able to pay back rent.
The concerns of small landlords are of course very real. The mortgage suspension and forgiveness programs that exist might not be enough. The City should enact a moratorium on foreclosures if it has not already. Also, as the city can likely borrow at a lower rate than most landlords, it should consider buying properties and guaranteeing current occupants long term leases.
I am a tenant in district 5. There are 5 units in my building and at least one person in every household has lost their job due to this crisis. Most are immigrants who do not qualify for assistance. Across the state, 4.3 million people have applied for unemployment. That's exponentially more households in the same situation as myself and my neighbors, struggling to make rent and still afford food during a pandemic.
Oakland currently has the strongest eviction moratorium in the state. We MUST show leadership for the rest of the state and country by extending this moratorium, without amendments, until the end of this crisis. Low-income homeowners and landlords deserve support too, but this moratorium is essential to prevent exacerbating the housing crisis.
I am a native, Hispanic senior and live in my duplex and am retiring this year. I have had great luck with my current tenant but I've been on the other side as well and if this eviction moratorium was in place today I would have an impossible task trying to get out the dangerous, deadbeat individual I dealt with in the past. Evictions are a last resort, but they are an EXTREMELY important tool for a housing provider when all else has failed. The process is difficult but essential at times. And ...how can you NOT be able to ask the renter for proof of financial hardship? The opportunistic fraudulent types out there ( and trust me, they're out there right now, drooling and rubbing their hands together) will have a field day.
This measure seems designed to put small business landlords out of business at a time when small businesses are already struggling. Many seniors depend on the rent payments to pay the mortgage and property taxes on the rental property and to put food on their own tables. Why assume that the tenants are more financially strapped than all landlords? Tenants who cease paying rent should be required to demonstrate financial need and landlords' financial needs should also be considered. This pandemic will not be open-ended, why should the moratorium be open-ended? Like every other pandemic mitigation measure, the need for the moratorium should be reviewed every month.
On behalf of EBHO, I urge you to support Oakland's tenants, small business owners, and neighborhoods by extending the moratorium.
Many residents have lost months of income due to the pandemic. Many will have no jobs to return to when the county reopens. Without an extension of the moratorium, Oakland is sure to see a steep increase in evictions, homelessness, and displacement.
At EBHO, we're acutely aware of the impacts of this crisis on small property owners and affordable housing providers--both of which are key to preventing further loss of community wealth and affordability. We invite you to join us in advocating at the state and federal level for rent and mortgage relief that prioritizes renters at risk of homelessness, small property owners, and non-profit affordable housing providers. In the interim, we need the eviction moratorium to ensure that there's time for these far-reaching solutions to develop. Evicting tenants only makes them less likely to pay back rent, not more.
Putting a moratorium on evictions is a drastic measure, which should only be applied in the short-term, if at all. It is not something in which to have an undefined end date. It is so drastic and is potentially hugely detrimental to small mom and pop housing providers that live in this city, that it needs to be revisited on a regular basis. This moratorium on evictions is giving carte blanche permission to not pay rent for housing services provided without any requirement to verify evidence of financial hardship. Many of the organizations that are supporting this moratorium on evictions extension are also organizing for rent strikes. What protections are you providing against blatant abuse of the drastic moratorium on evictions? Putting in a line that some point in the future you will have to pay back those funds is not sufficient enforcement of someone's obligation to pay for housing services received. This is a lopsided measure that needs to consider small local housing providers.
Exending the moratorium indefiniately is unreasonable. Small landlords are already in a position where they are lending money to tenants they don't have for an extended period of time. Extending this even more would cause a large amount of debt that the tenant will probably not be able to pay back. Tenants should also be require to show proof of hardship. If landlords have to provide proof of hardship to the banks, then tenants should also be require to show the same proof of hardship. I strongly oppose this moratorium extention.
I am an African American senior citizen who has lived in my triplex in Lake Merritt since 1985. Never before. have experienced such animosity towards small landlords like me and a lack of support/foresight from city officials I want to oppose this open ended moratorium extension. . Do you want Oakland to turn into the Bronx where landlords simply abandoned buildings because city policies created an economic disaster for landlords? Between the rent control, difficulty in evicting a tenant - who get access to free legal assistance, where we get none -now this moratorium extension is the last straw. How you think a landlord can still pay a mortgage, property taxes, utilities, repairs without getting rent from tenants? Not all landlords have deep pockets like the out of state developers/owners of the high rises who are dramatically changing the character of the city and increasing the rents.
As owner of a four-unit building, and 45-year Oakland resident, I oppose the open-ended moratorium extension. Allowing tenants to defer rent without requiring verification of need and limit recourse invites abuse. Tenants should recognize that the eviction moratorium is not indefinite. Reclassifying late rent to “consumer debt” places the legal cost burden on landlords who have extended tenants’ de facto interest free loans. Rent should be a consumer priority supported by local laws. Like it or not, rents support mortgages, taxes, and operation costs which are key to the financial structure within which our economy operates. Those who dislike the system or want to disrupt it should not be allowed to use the pandemic as an opportunity to advance their agendas. For fundamental change to be successful, all stakeholders should be at the table – and the voices of small housing providers be heard.
Extend moratorium no more than 2 months, include a repayment plan of no more than 4 months, tenant should notify owner at least 12-15 days before rent is due each month they wish for a deferral, and proof of unemployment or change in pay must be provided to owner no later than 5 days after the month.
It is clear CMs do not wish to preserve small property owners in Oakland. This administration has a bigger mission- for these small owners to foreclose, so council’s pet non-profits or land trust can swoop in with tax dollars to buy them up. A twisted & painful way to achieve eminent domain.
An extension of the moratorium isn't entirely unreasonable, but it should not be made indefinite. Landlords are ill-advised to fill vacant units as long as the moratorium is in effect. It's simply too risky. Extreme policies like this may help some tenants remain housed, but the net effect is to reduce overall housing availability in Oakland. Not something this community needs right now. Why not just extend the moratorium 1-2 months?
The open ended extension of the eviction moratorium is bad for both renters and housing providers. Allowing tenants to keep putting off paying rent only enables them in digging a deep debt hole while at the same time puts owners at risk of defaulting on their debts. I urge city council to come up with a process that helps both housing providers and renters work through this difficult time by requiring proof of assistance warranted and implements payment plan standards up front. The current moratorium is dealing with the pandemic rent problem is a very short sighted solution and will ultimately result in harm done to hard working people and the city as a whole. Please stop making policy that is furthering the divide between owners and renters. Oakland needs fair and equitable policy that addresses the needs of all sides involved.
Reject this indefinite extension. Residential small property owners should not be treated the same as corporate landlords. We are impacted by the financial hardship like everyone else, and can't afford to let tenants live rent free. Banks are ending forbearances on July 1st and no bank is offering loan forgiveness. Sadly, many tenants, pushed by pro-tenant organizations, are taking advantage of this moratorium to engage in a "rent strike," and are refusing to work with landlords to get through this crisis together. Requiring proof of tenant financial or medical hardship like most other cities have enacted is a first step. This moratorium is destroying small property owners in Oakland. No other business in Oakland is being forced to make long term interest free loans to their customers!
Please join over 100 small property owners who are coming together to file a class action lawsuit against the City of Oakland. To join this action contact EndTheMoratorium@gmail.com
Please extend the moratorium on evictions to keep renters and small businesses protected during this critical time, while people are struggling. As a homeowner, I know that there are a lot of options available to assist homeowners/landlords, since most lenders are offering mortgage forbearance or loan modifications. But this moratorium on evictions is one of the only protections available to folks who can't afford to pay their rent.
I am a D5 resident and voter and strongly urge the council to extend this emergency measure. We are clearly not out of this crisis yet, and people will continue to struggle to find work, and get relief in a timely matter from federal and state resources. Residents deserve ongoing support to ensure we all have safe, stable homes and places to shelter.
Extending this moratorium without verification of need and without recourse is irresponsible. It will lead to bankruptcy for many small housing providers and a rude awakening for the tenants left in the lurch.
Assistance to all who can verify it should be made available as other cities around Oakland have worked to provide. In this truely a state of real emergency the land trust funds, which belongs to all of us, should be opened to those that need it!!
I am increasingly stunned by the lack of regard for the unsuspecting Mom and Pop housing providers throughout Oakland on the part of Ms. Bas and Mr. Kalb. This proposed power grab is blatant and will create further ill will and lawsuits for decades.
We are ALL impacted by this state of emergency.
Reminder in an election year for some- you should be working for all of us.
I am a long time Oakland resident and will be put out onto the streets if I can not collect rent to pay for monthly mortgage on my triplex. The eviction moratorium is needed, but should be reasonable like San Francisco's or extended for a month or two with reasonable back rent repayment within 4 months. Oakland should look info Rent Relief Fund for tenants as Berkeley accomplished. Renters have unemployment insurance and additional assistance of $600/week from COVID job loss as well as federal checks during this crisis. The banks require documentation of COVID impact for mortgage forbearance, with full amount due at end of 3 months forbearance. Tenants should provide this proof within 10 days if they are late on rent so owner can forward to the banks. I know other duplex and triplex owners who would be put out onto the streets if Council Members Bas and Kalb cruelly passes this radical, unbalanced legislation. We would be homeless and the banks would make horrible landlords.