Resisting Oakland's Nuisance Eviction Ordinance

Resisting Oakland's Nuisance Eviction Ordinance
By Lynda Carson April 23, 2004

Oakland CA--During the evening of April 19 2004, 18 local activists from a variety of organizations joined together in Oakland to brain storm ideas on how to resist the recently passed Nuisance Eviction Ordinance (NEO).

Dinner was served at the meeting and in between the slices of pizza and sips of thirst quenching liquids, everyone had an opportunity to offer up ideas on how to monitor the NEO or teach people in the community how to resist it.

The Nuisance Eviction Ordinance (NEO) reached a final passage vote at Oakland City Hall on April 6, and goes into effect on June 1, 2004. Arturo Sanchez has already been designated as Oakland's Nuisance Czar and only Councilmembers Nancy Nadel and Desley Brooks voted against the NEO. The other councilmembers sided with the NEO's promoter, Councilman Larry Reid, and voted for this latest scheme of forced relocation to gentrify the streets of Oakland.

Only days before the April 6 NEO vote took place, the United Nations announced that the City of Oakland made the list of the world's worst governments that use violence against it's citizens and activists. Unfazed by the U.N. Report, Oakland continues to promote school closures, evictions and forced relocation as part of it's vicious master plan to chase the poor out of the City.

In fascist America, it appears that City Officials are too dimwitted to grasp the significance of being exposed by the United Nations Commission on Human Rights for crimes against humanity. The United Nations has declared housing to be a human right, and it's ironic for Oakland to enforce homelessness upon it's population through the NEO as a means to solve it's problems.

THE NUISANCE EVICTION ORDINANCE (NEO)

The NEO gives the power to Police and City Officials to force the eviction of renters from commercial properties, condominium rentals and apartments.

The NEO requires landlords to evict any renter that is deemed to be a nuisance by City Officials, subsidizes the eviction of Oakland renters, and gives Oakland's greedy landlords an opportunity to force the eviction of renters from properties that they do not own.

Oakland Officials have done their best to promote the gentrification of Oakland, and lured developers into the City. The NEO was sold to the public as having a positive economic impact on the neighborhoods of Oakland if passed into law, and during a recent televised event, Councilman Larry Reid stood before a crowd of developers and assured them that they will not recognize Oakland 5 to 10 years from now.

NEO's backers claim that they only want to go after renters that are engaged in illegal activities despite the fact that records show that the crime rate in Oakland has diminished during past years, and has dropped by as much as 8% during the past year alone.

RESISTING THE NEO

Opponents argue that the NEO promotes eviction of low-income renters that need not be arrested, cited or convicted of anything and, that the NEO protects landlords engaged in wrongful evictions.

On April 6, 2004, Councilwoman Nancy Nadel stated that she opposed the ordinance because the promoters of the NEO refused to remove a clause that allows for the eviction of renters that may have a criminal record from years past, regardless of how long ago it may have occurred.

Sitara Nieves of Critical Resistance says that despite the passage of the NEO, she wants to remind people that they still have rights under Measure EE (eviction protections) and that they should learn how to resist and protect themselves from any eviction attempt used to take their housing away from them.

"Critical Resistance is opposed to the Nuisance Eviction Ordinance (NEO), and we hope that the people of Oakland learn how to resist and fight evictions. Creating more homelessness is not the solution to Oakland's problems," said Nieves.

Indeed, the NEO has it's weak points even if it is designed to be a tool for City Officials to terrorize Oakland's renters into giving up their housing without a fight in the courts.

For starters, according to state law, presently the City of Oakland is not allowed to spend more than $650.00 to evict any renters under the NEO. As an example, the Evictors (a local eviction mill) presently charges the landlords around $400.00 just to write and send a letter of intent to evict a renter. That does not include the cost of actually evicting a renter, which may be upwards of $2000.00 or more when the renters use their rights to fight evictions. If most Oakland renters choose to fight their evictions rather than run when being noticed through the NEO, $650.00 towards an eviction is not going to go very far.

FIGHTING EVICTIONS IN OAKLAND

It takes a court order to evict renters, and renters fight evictions all the time. Keep in mind that many renters are protected in Oakland by the Just Cause eviction protections mandated by Measure EE. Renters have the right to demand a jury trial and can force the landlords to prove their allegations in a court of law which may prove to be very expensive for the landlords and cost prohibitive.

Many low-income renters seek help by calling the Eviction Defense Center (510/452-4541) when facing eviction. Others defend themselves from evictions and the following is a guide through the process, and should not be construed as legal advice.

INSTRUCTIONS FOR FILING AN ANSWER TO A SUMMONS AND COMPLAINT

(Special Thanks To The Anti-Eviction Activists For The Following Info)

Upon receipt of an Unlawful Detainer/5 Day Summons (eviction notice), the renter has 5 days to file an Answer and can find the required answer form at the Clerk of the Courts Office located at 600 Washington St, Rm. 4020. (1 block away from 7th St, and Broadway in Oakland).

1) You will be given three copies of your Answer; one will include Proof of Service. 2) Fill out the Answer form as directed in the form's instructions. 3) Keep one copy of the Answer and the Proof of Service for your records. 4) Someone other than you (i.e friend or family member) over the age of 18 must mail a copy of the Answer and fill out the Proof of Service. 5) Send one copy of the Answer to the plaintiff or the lawyer for the plaintiff. Look on the first page of the Summons for the correct name and address. 6) The Proof of Service must be filed at 600 Washington St, Rm. 4020. 7) File the original remaining copy of the Answer with the Clerk of the Court at 600 Washington St, Rm. 4020. You must submit your Answer no later than 4:30 pm on the 5th and final day to avoid going into default. 8) The filing fee for an Answer is $83.00 (or more). If you do not have the filing fee you may ask for, and file, a Fee Waiver. Complete and file the Fee Waiver at the same place and time you are filing an Answer. If you qualify for the Fee Waiver you will not be required to pay. You will be notified by mail. 9) You will receive a memo in the mail to set case for trial. 10) Do not act until you receive a second letter, which will indicate the actual trial date. 11) You will receive a Notice of Trial and have a Hearing within 10-15 days. 12) You may want to visit the Court before your Hearing to familiarize yourself with the court procedures. You may sit in on any eviction Hearing. 13) You must attend your Hearing. Arrive at the Court 15 minutes early. 14) At the Hearing, the Judge will consider all of the evidence presented, including any evidence you have to substantiate the claims made in your Answer. 15) The Judge will issue a judgement either for you or against you. The Judge will specify any and all terms of his/her judgement.

If you decide to defend yourself, keep in mind that if you find yourself in trouble many attorney's do not want to take on a case once it has entered the courts. You may want to seek the advice of an attorney in advance before trying to represent yourself.

Regardless, when all is said and done, you may be able to save your housing and block the eviction. It may turnout that you are able to delay the eviction by a few months to allow yourself time to find a new home and save up some money. You do not have to pay rent after receipt of a 30 or 60 Day Notice, which comes before you receive the Unlawful Detainer/5 Day Summons.

For Anti-Eviction Help, Call; The Eviction Defense Center 510/452-4541

For More On The Struggle Against The NEO, Call; Critical Resistance at 510/444-0484