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Oaklands Moratorium On Rent Increases After Eviction Is Fatally Flawed

by Lynda Carson (lyndacarson [at] excite.com)
A gag order on Oaklands Renters,keeps Moratorium
on rent increases after an
evicrion from being effective
Oaklands Moratorium On Rent Increases After Eviction Is Fatally Flawed

By Lynda Carson 3/6/01

Oakland--Oaklands Moratorium on rent increases after evictions came into effect 7 months ago on August 1st,2000.To date there has not yet been one prosecution of the lawless landlords that have been evicting for profit in Oakland,in spite of the Moratorium.Furthermore in a
stunning revelation, it came to light today that a gag order exist's that prohibits Oaklands Renters from filing the eviction notices with Oaklands Rent Arbitration Program.In a statement by a female staffer with the Rent Arbitration Program named May, it was verified that
as of yet there is no procedure for renters of Oakland to file the needed eviction notices with the Rent Arbitration Program. The staffer named May states that if a renter tries to file the eviction notice with the Rent Arbitration Program, that the eviction notice would not be accepted and mailed back to the renter that sent it in.

          According to sources, evictions in Oakland have risen above 300% during the past year, and 65% of evictions are upon people of color. The spirit of Ordinance No. 12273, "Moratorium On Rent
Increases After Evictions" is meant to slow down the rate of evictions ocurring by greedy landlords. This Ordinance if it is to be effective, depends upon receipt of information such as eviction notices by the Rent Arbitration Board. Nothing in the Ordinance states that renters are not
allowed to file the eviction notices with the Rent Arbitration Program,
however the gag order on renters keeps them from filing the needed eviction
notices that could be used to prosecute lawless landlords that evict for
profit in Oakland. So, whats the point in having a Moratorium on rent
increases if the renters are
not allowed to participate in filing the eviction notices with the Rent Arbitration Program many renters argue. Maurice Johnson,
a long time Oakland renter, insists that the gag rule that is in place to keep renters from filing eviction notices with the Rent Arbitration Program is patently unfair, immoral, and a clear
example of a corrupt system that favors the landlords.

          As recent as Saturday March 3, 2001, nearly 150
demonstrators and activists gathered at Oaklands City Hall to voice their
complaint with the state of affairs for renters in Oakland. Last summer over
20,000 signatures on
Petitions calling for a Just Cause Ordinance to be drafted, was dismissed by many Council Members and Mayor Jerry Brown. At this point Oaklands renters are outraged by the way they are unfairly treated in this town.

          In further revelations, it came to light that in recent contracts provided by the Oakland Housing Authority for the Section 8 Voucher Program, the OHA
maintains that landlords are allowed to evict if they wish to raise the rents. In the Section 8 Voucher Contracts, this may be found on page 3,
Section 14, sub-section C, #4. Today I called the OHA to get their position on the Moratorium. In a statement from the Office of Jon Gressley the OHA's
Executive Director, the statement was made that Federal Law Supersedes
Oaklands local ordinance that applies to the Moratorim. However,in past
statements OHA Officials stated that they are subject to state and local
laws.

          Regardless, Oaklands Moratorium on rent increases after evictions is fatally flawed, and is the reason that as
of yet, lawless landlords do not fear prosecution when they choose to defy the Moratorium. Not one of them has yet to feel
the heat of this ordinance.

          Until Oakland has a Just Cause Measure in place that is enforced,
the lawless landlords of Oakland shall continue
to rip off the renters of Oakland as they have for years past. The eviction for profit system continues unabated in the City of
Oakland.      

         
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