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Nonprofit housing developer EBALDC attacks just cause tenant protections
by Lynda Carson (newzland2 [at] gmail.com)
Saturday May 29th, 2021 2:03 AM
Oakland tenants facing eviction after a nonprofit housing developer violates their rights under just cause eviction protections a number of years ago.
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Nonprofit housing developer EBALDC attacks just cause tenant protections

By Lynda Carson - May 29, 2021

Oakland - For nearly 20 years, Oakland tenants have enjoyed having just cause eviction protections. Additionally, the tenants being covered by the just cause eviction protections a.k.a. Measure EE, do not have to sign a lease addendum to a contract being pushed onto them by a landlord to have just cause eviction protections in Oakland. Many renters have these protections already.

One of the protections given to tenants covered by Oakland’s just cause eviction protection ordinance is that the tenants do not have to sign a new contract or addendum if the new contract or addendum makes material changes to the tenant’s existing contract, or lease. The landlord may not evict the tenant or retaliate if the tenant declines to sign a new contract or addendum that makes material changes to the tenant’s existing contract. This is a beautiful thing.

Know Your Rights:

According to the website for Causa Justa/Just Cause in Oakland, in a section called “Know Your Rights”, in part it reads, “Rules - Sometimes landlords try to change the terms of the tenancy at the end of a month or a lease period. For example, they may want you to pay your own utilities, get rid of a pet, take responsibility for more maintenance work in the unit, or sign a year-long lease when you've always rented month-to-month before.

As long as you're covered under the Just Cause Ordinance, the landlord is not allowed to do this. So if a landlord gives you a new lease or rental agreement that is different from the old one, you can refuse to sign it without risking eviction. If you don't sign a new lease, the tenancy becomes month-to-month, and the rules stay the same as under the last lease.

Even if you don't have a written lease or agreement, the landlord still can't change the terms of tenancy. So if your landlord has always paid the water bill, he can't suddenly ask you to pay it, even if he hasn't agreed in writing to pay it.

If you are not covered under the Just Cause Ordinance and rent control, your landlord can make these kinds of changes without your agreement - but only at the end of a lease period or a month (if you don't have a long-term lease).”

EBALDC Denies That There Is A List Of Just Cause Reasons To Evict Residents:

Just try to imagine living in the poor farm in Oakland, in a large residential building owned by a nonprofit housing developer that is trying to convince the tenants that there is not a list of just cause reasons for landlords to evict tenants, even though the City of Oakland has posted a list of 11 good cause/just cause reasons to evict tenants. Apparently, the landlord is trying to convince the tenants that they may be evicted for any reason, or no reason.

Just try to image having a landlord who wants you to believe that you do not have any rights under just cause eviction protections, unless you sign an addendum to your existing contract. This is what is happening in EBALDC’s residential properties in Oakland where poor people reside.

That’s right! In recent days, the East Bay Asian Local Development Corporation (EBALDC) has been sending notices to the tenants in their buildings during a recertification process for the tenants to renew their contracts. EBALDC is claiming that there is not a list of just cause/good cause reasons to evict residents.

EBALDC Wants To Change The Terms Of Tenancy In Their Buildings:

On the notice titled, “Notice - Good Cause Eviction Protection.” In part it reads, “Why are you being notified of your right against eviction without good cause? The federal law that created the Housing Credit Program requires this protection. The California Tax Credit Allocation Committee requires your landlord to notify you and amend your lease. You and your landlord must also sign the “Lease Rider” to make this important resident protection part of your lease. This “Lease Rider” has already been signed by your landlord and should be attached to this notice for your signature.”

The notice and lease rider I am looking at this very moment has not been signed by the landlord, nor is it dated. What’s wrong with this picture?

Additionally, in part the notice to the tenant reads, “What is “good Cause” for your landlord to evict or to terminate your tenancy? There is no specific list of “good causes” to evict residents. Rather, this matter has been left to the courts to decide and define.”

No matter what kind of B.S. or landlord propaganda EBALDC is forcing on the tenants at their properties with a notice that claims there is no specific list of “good causes” to evict residents, the fact remains that the City of Oakland has posted a list of 11 reasons on a website that are good cause reasons to evict renters.

These 11 reasons exist to restrict landlords in Oakland from evicting renters covered by Measure EE / just cause eviction protections, for any reason, or no reason at all.

Additionally, EBALDC wants the tenants to sign a “CTAC Section 42 Low Income Housing Tax Credit (LIHT) Addendum” that would among other things allow the landlord to jack up the rents for a number of various new reasons, and it would result in a material change to the tenants existing contracts if the tenant signs it.

Again, please note that according to Causa Just/Just Cause, tenants do not have to sign anything that is a material change to their existing contracts. The “CTAC Section 42 Low Income Housing Tax Credit (LIHT) Addendum” that EBALDC is pressuring the tenants to sign may be seen by clicking here.

EBALDC also wants the tenants to sign the “CTAC GOOD CAUSE EVICTION LEASE RIDER” that may be seen by clicking here. In this lease rider, if the tenant signs it, among other things it means that the tenant agrees that the landlord may evict them if they violate any federal, state, or local laws. It does not state that the tenant has to be convicted of violating any federal, state, or local law, but if they “allegedly” violate any federal, state, or local laws they may be evicted.

Among the 11 just cause/good cause reasons a landlord may evict a tenant according to the City of Oakland, the landlords do not have the right to evict a tenant if they allegedly violate any federal, state, or local laws that may include jay walking, spitting on a sidewalk, littering, not wearing a covid-19 face mask when required to, etc… or perhaps for even getting a parking ticket, or speeding ticket.

Know your rights, and be aware of what the landlord may want you to sign. If it an addendum appears to diminish your rights under just cause eviction protections, and changes the terms of your existing contract, you may not have to sign it.

Lynda Carson may be reached at newzland2 [at] gmail.com

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§Two Page Notice, Including Addendum:
by Lynda Carson
Saturday May 29th, 2021 4:44 AM
eviction_docs.pdf_600_.jpg
Two Page Notice, Including Addendum:

This is a 2 page notice and document EBALDC is pressuring the tenants to sign. If signed, it supersedes the tenants contract, and Oakland's just cause eviction protections.

(LC)

March 2021 - CTCAC SECTION 42 LOW INCOME HOUSING TAX CREDIT (LIHTC) ADDENDUM

"This Addendum is being attached to, and incorporated by reference in, the Lease Agreement (the “Lease”) between the undersigned Landlord and the undersigned Resident(s) for the purpose of modifying certain terms and conditions of the Lease. The parties agree that, if any terms of the Lease and this Addendum are inconsistent, the terms set forth on the Addendum will govern."

The other addendum EBALDC wants the tenants to sign says;

CTAC GOOD CAUSE EVICTION LEASE RIDER

"To the extent that any terms contained in the Lease or rental agreement, or any other agreement between the owner and the tenant, contradict the terms of this Rider, the provisions
of this Rider shall control."

This is designed to be a new side contract between the landlord and the tenants, that may supersede the existing contract involving the Oakland Housing Authority, and Oakland's just cause eviction protections.

Both addendum's are material changes to the tenant's existing contracts, and according to the just cause eviction ordinance, a tenant does not have to sign them because they materially change the terms of the tenants existing contracts.

(LC)

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