Oakland tenants served with eviction notice despite moratorium: What if Im out on the street? – San Francisco Chronicle

Oakland renter Angelica Rivas says that when she turns on the kitchen faucet, cockroaches spill out. And the water pressure is so low in her shower, she says, she often has to bring buckets of water from the kitchen just to bathe.

Rivas has lived in her apartment with her four children for nearly 15 years. She and her neighbors went on a rent strike last March to demand that the landlord make repairs.

Then the pandemic forced a Bay Area-wide shutdown, and Rivas, who worked as a housekeeper, and many of her neighbors at 1821 28th Ave. lost their jobs. The rent strike turned into an inability to pay.

In theory, Rivas and her neighbors shouldnt worry about losing their homes. In one of the strongest eviction moratoriums in the state, Oakland prohibits evictions for nonpayment of rent at most residential units.

Nevertheless, Rivas landlord has issued multiple eviction notices to tenants since March.

Housing experts and tenant advocates say Rivas situation isnt uncommon in the Bay Area because of confusion around a separate eviction moratorium issued by the state.

The statewide moratorium lets landlords send 15-day eviction notices as long as they include a form for tenants to fill out if they are unable to pay rent due to the pandemic.

Tenant advocates say Oaklands policy and other local moratoriums supersede the statewide law.

While we think its clear that Oaklands eviction moratorium and Alameda Countys eviction moratorium takes precedence. ... It appears that there are some landlords that have a different opinion, said Jackie Zaneri, a staff attorney at the Alliance of Californians for Community Empowerment who represents Rivas and other tenants in her building.

Housing experts say it can be confusing for landlords and tenants to know which moratorium to follow. Rivas landlord, Michael You, has included the form with his eviction notices.

Admittedly, it is a tricky time to be involved in managing property, You said. I do need the cooperation of the tenants to ensure access as well, and to help reduce the risk of infestation by good housekeeping standards. It is also troubling that I have not received rent from all the tenants for 10 months.

You said his tenants didnt complain about the condition of the apartments before the pandemic. The tenants and their lawyer said they did.

The situation underscores the complexities of enforcing local eviction moratoriums against a statewide policy with different rules. The result is confusion between landlords and tenants about what policies prevail. Meanwhile, both sides struggle with economic instability in an unrelenting pandemic that threatens to exacerbate the states homeless crisis. Many tenants, often terrified of an eviction on their record, give up and leave once they receive a notice, advocates say.

Most tenants are not able to consult with an attorney, and most tenants dont know their rights, said Alex Werth, a policy associate at East Bay Housing Organizations. These laws are extremely complicated. The eviction process is extremely complicated. For a lot of tenants, especially the most vulnerable ones, they will receive an eviction notice and either assume they must leave right away or will leave out of fear.

In late January, Gov. Gavin Newsom extended the statewide eviction moratorium to allow tenants facing financial hardship because of the pandemic to stay in their homes until June 30, when property owners will again be able to evict tenants who dont pay their rent.

Under the state law, tenants who receive a 15-day eviction notice for nonpayment of rent can file a declaration that they are unable to pay due to income losses as a result of the pandemic.

Meghan Gordon, the director of the housing unit at the East Bay Community Law Center, said when the pandemic started, landlords didnt know what was going on and an initial surge of eviction notices went out. But that surge died down as landlords learned of Oaklands protective order.

In March, the Oakland City Council passed a moratorium that bans eviction of most tenants in residential units built before 1996 for nonpayment of rent due to financial difficulties during the pandemic. It also prevents landlords from charging late fees for back rent, and limits certain rent increases.

Eviction notices are precursors to any eviction lawsuit. Under the citys policy, the moratorium provides an absolute defense against eviction if the notice was served during the local emergency, according to the city attorneys office.

The moratorium will be lifted only once the City Council votes to end the state of emergency.

Rivas neighbor, Felix Martinez, said the stove in his unit hasnt worked for nearly two years. He said his wife is constantly scraping mold off the walls.

Evelyn Rivas, another tenant, said she was shocked when she received the first eviction notice in April.

What if I lose my house? she asked in Spanish. What if Im out on the street?

Rent for several apartments in the building is nearly $1,500 a month.

In response to every eviction notice, Zaneri said she responded with a declaration from the tenants that they were unable to pay rent due to loss of income during the pandemic.

On Dec. 31, Zaneri sent a letter to the landlord demanding an end to the notices and that he immediately address repairs (including eliminate rodents and pests), replace missing or expired fire extinguishers and smoke detectors, fix broken door locks and stop up sewage leaks.

Zaneri said the landlord has not responded to the demand letter. She said she has spoken to the landlords attorney, who provided no timeline on repairs.

You, the landlord, told The Chronicle that he has commenced work to remediate the concerns raised by the tenants. The complexity of complying with COVID-19 pandemic restrictions while effectuating repairs to a property has elongated the process.

You said he expects the renovations and remediation of the property to be completed shortly. He did not respond to questions about why he was sending eviction notices despite the citys moratorium.

It is outrageous that a landlord who has totally neglected their duty to provide a safe and habitable apartment for tenants by failing to make major repairs for years would then give their tenants an eviction notice for failure to pay rent during the pandemic, Zaneri said.

Sarah Ravani is a San Francisco Chronicle staff writer. Email: sravani@sfchronicle.com Twitter: @SarRavani

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Oakland tenants served with eviction notice despite moratorium: What if Im out on the street? - San Francisco Chronicle