Community Meeting - Oakland Eviction Moratorium & Tenants Protections Proposal

Join our community meeting to discuss a proposal to phase out the eviction moratorium & add new permanent tenant protections. Council President Bas will introduce the proposal & hear feedback, and RAP Staff will be present to answer questions. Read proposal here - bit.ly/OaklandEMPO

Proposed Phase Out of Moratorium May 2, 2023 (upon final approval by Council)

• All prior provisions remain in effect, except:
  • Evictions for nonpayment of rent where tenant cannot show COVID-19 nexus with inability to pay
  • Applies only to rent covering the month of May 2023 and later.
• Landlords are allowed to serve 3-day notices to pay rent.
• Owner-move in evictions are allowed (landlord or their qualified relative will move in) if they only own one residential rental unit in Oakland
• September 1, 2023: Eviction moratorium ends, late fee moratorium ends

July 1, 2024: Rent increase moratorium ends

• Existing rent increase moratorium is a cap on all rent increases above CPI (currently 3%), unless required for a fair return, with no pass-throughs or banking

Proposed Extension of Rent Increase Moratorium

To further protect tenants and promote housing stability, these Permanent Tenant Protections will be added:

• For evictions based on non-payment of rent that accrued prior to September 1, 2023, tenant will have a defense if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic. This provision codifies a protection enacted in March 2020.
• In order to evict a tenant for breach of lease, the landlord must prove that the breach of lease caused the landlord substantial damage, the tenant acted unreasonably, & the term of tenancy allegedly violated is reasonable.
• Tenant can't be evicted for owing less than one (1) month of HUD fair market rent
• Resident managers can't be evicted for termination of employment if they were a tenant at the property prior to becoming the manager.
• Conform occupancy limitations to state law