Oakland Proposes A 2 Tiered Eviction System

Oakland Proposes A 2 Tiered Eviction System
By Lynda Carson 3/20/01

In a new twist on Oaklands eviction for profit system, on Tuesday March 27th, at City Hall, Oaklands Community And Economic Agency (C.E.D.A.) shall vote on a proposed Ordinance to create a 2 tiered system for evicting renters in Oakland. If this proposal passes muster, it would go on to the City Council for a vote. Ironically, if this Ordinance is passed, in some eviction cases the City of Oakland may stand to profit by $500.00 per eviction under certain circumstances.

Titled, \"Rent Ordinance Change Recomendations\", and dated Friday,March 8, 2001, a summary of the proposed Ordinance was released by Justin Horner of the Mayors Office. The Ordinance itself is a full 20 pages, both sides. Mayor Jerry Brown is up for re-election, and has an interest in avoiding a battle with citizens that back a Just Cause Evictions Ordinance. Last summer petitions with over 20,000 signatures were collected from registered voters of Oakland demanding a Just Cause Eviction Ordinance. Considering the immense number of evictions in Oakland, the new proposed Ordinance may turn out to be a huge windfall for the City of Oakland.

In Summary......\"The Proposed Ordinance Change\"
1st Tier...
1) Create \"two-track system\" to regulate evictions.
1. determine specified grounds for eviction, under which a rental property owner will be permitted to increase rents to market after eviction; including but
not necessarily limited to:
A) Non payment of rent
B) Material breach of lease
C) Commission of a nuisance
D) Damage to unit or property
E) Using unit for illegal purposes
F) Refusing reasonable access
G) Unaurhorized sublet
H) Landlords withdrawl from the market
(owner/relative-movein)
I) Tenants refusal to accept a lease renewal or
extension on the same terms as the prior lease

2nd Tier....
2) give the owner an option to evict for \"no cause\"
but with a two-year rent \"freeze\" and these additional tenant protections:

A) Wrongful eviction--minimum damages to evicted
tenant: 3 times 24 months times difference between the old and new tenants rent on the unit.
B) Landlord must report rent to Rent Arbitration Program within ten days of rerenting, and annually on vacancy anniversary date, during the 24 month period.
Failure to report results in a $500.00 fine.

The recommendations go on to say that the Rent
Program will add 6 new staff members, including 3 full time Hearing Officers to hear cases and handle back-log, for a total of 11. City Attorney to commit 2 full-time Attorneys to the Rent Program, including a Legal Secretary and a Paralegal, for a total of 4. Total Rent Program staff
would be 15. To pay for this, Rental Fees of $2.00 per unit a month, for an estimated total of $1.6 million per year. Oakland has an estimated 84,000 rental units in stock.

In comparison, Berkeley has an estimated 18,000 rental units in stock, and has 26 staffers for their Rent Program, compared to Oaklands 84,000 units and proposed15 staffers for their Rent Program.

Oakland already has a Moratorium on rent increases after evictions which went into effect last August 1st,2000, and has yet to prosecute even one landlord for breaking the Law. The Moratorium in place that depends on
30 Day Notices (EVICTION NOTICES) to reach the Rent Program, does not allow renters to submit the 30 Day Notices that they receive. Perhaps with a price tag of $500.00 per head on certain renters that may get evicted under the proposed ordinance changes, City Officials shall have more of an incentive to go after the lawless landlords of Oakland after the renter was evicted. At the present rate of evictions in Oakland, an estimation of the possible revenue windfall has not yet been made.

Mayor Jerry Brown seeks re-election to fullfill
his dreams for his 10 K Plan of getting 10,000 rich renters to move downtown Oakland. As a suggestion to the Mayor, it may help out if he and the City Council passed an Ordinance that would offer an incentive to the 10,000 new renters to consider Oakland as a place to live. Pass an
Ordinance that returns the Interest Rates on the Security Deposits that renters have to put up to rent a place. Considering that theres 84,000 rental units in Oakland, renters are losing alot of money with no just compensation by the Landlords.

C.E.D.A. votes on the above recomendations on Tuesday March 27th, at Oaklands City Hall, corner of 14th St, and Broadway, at 10:30 A.M. All interested parties are invited to show up or make those calls to City Hall. The intent of the proposed ordinance changes is as an
alternative to avoid a Just Cause Evictions Measure.
Now is the time to speak up if your for a Just Cause
Eviction Measure for Oakland, or the alternative that you just read about. What you say matters.