Oakland to Phase Out COVID-19 Moratorium

Updated 10/15/24

After more than three years of protecting tenants from eviction during the COVID-19 pandemic, the city of Oakland is preparing to phase out its eviction moratorium. This change follows a 7-1 vote by the Oakland City Council, marking the beginning of the end of pandemic-era protections. For both landlords and tenants, the decision stirs a mix of relief and anxiety as the city transitions to a new era of rental management. In this article, we will discuss the key details of the Oakland eviction moratorium phase-out and what landlords and tenants need to know moving forward.

What Is the Oakland Eviction Moratorium?

The Oakland eviction moratorium was initially introduced as an emergency measure to protect tenants who were financially impacted by the COVID-19 pandemic. This policy shielded renters from eviction for non-payment of rent, while also preventing landlords from increasing rent or charging late fees. The goal was to keep individuals and families housed during one of the most turbulent economic periods in recent history.

Over the course of the pandemic, the moratorium helped thousands of renters, but it also left landlords with mounting losses from unpaid rent. As of July 2023, many small landlords have reported being owed thousands of dollars in back rent, with some struggling to keep up with their own mortgage payments and property maintenance costs.

The Timeline for Phasing Out the Oakland Eviction Moratorium

Following the council’s recent vote, the moratorium is set to end in stages over the next year. Here’s the key timeline for landlords and tenants:

• Up until July 14, 2023 – The current eviction moratorium remains in effect, meaning no evictions for non-payment can take place.
• July 15, 2023 – Eviction protections and the ban on late fees come to an end. After this date, landlords can begin the process of evicting tenants for non-payment of rent or other violations, provided they follow Oakland’s “just cause” eviction rules.
• July 1, 2024 – The ban on rent increases is lifted. After this point, landlords will be able to increase rent again, though any increases must comply with Oakland’s rent control regulations.

This phased approach allows tenants and landlords time to adjust to the new reality while preventing a sudden surge in evictions that could overwhelm the city’s housing resources.

Concerns from Both Landlords and Tenants

The end of the Oakland eviction moratorium has ignited concerns on both sides of the housing debate. Many landlords, particularly small-scale owners, have expressed frustration over the prolonged moratorium, arguing that they have borne the financial burden without sufficient government assistance. Some landlords claim that certain tenants have taken advantage of the moratorium, refusing to pay rent even when they could afford it. This has put many property owners at risk of losing their rental properties altogether.

On the other hand, tenants fear that the end of the eviction protections could lead to widespread displacement, particularly among those who are still financially struggling due to the lingering effects of the pandemic. Housing advocates argue that without sufficient tenant protections in place, the phase-out of the moratorium could disproportionately affect low-income families and communities of color.

To address these concerns, the Oakland City Council has built in safeguards as part of the phase-out plan, including the continuation of “just cause” eviction protections. These protections mean that landlords can only evict tenants for specific reasons, such as non-payment of rent, violating the terms of the lease, or engaging in illegal activity. Additionally, Oakland’s rent control laws remain in effect, preventing landlords from imposing excessive rent increases once the rent moratorium lifts in 2024.

What Should Landlords Do to Prepare?

As the eviction moratorium winds down, landlords need to take several key steps to ensure they are prepared to navigate the new landscape of tenant relations. First and foremost, it’s crucial to remain compliant with Oakland’s “just cause” eviction rules, which continue to limit the reasons for which a tenant can be evicted. Landlords should also be familiar with Oakland’s rent control laws to ensure any future rent increases are in compliance with local regulations.

Communication with tenants will also be critical during this transition period. Landlords should make sure tenants are aware of the phase-out timeline and understand their rights and responsibilities once the eviction protections expire. Offering tenants flexible payment plans or exploring rental assistance programs could help ease the transition and avoid unnecessary evictions.

Finally, landlords who are owed back rent should take this opportunity to review their options for recovering lost income. While some landlords may choose to pursue legal action to collect unpaid rent, others may find it more practical to negotiate payment plans or even forgive some of the debt in exchange for tenants remaining in good standing. In either case, it’s essential to approach these conversations with empathy and a clear understanding of both parties’ legal rights.

What Tenants Should Know

For tenants, the phase-out of the Oakland eviction moratorium means it’s time to get financially prepared. Tenants who have fallen behind on rent during the pandemic should work with their landlords to establish repayment plans or seek rental assistance through local programs. It’s important to remember that although the moratorium on evictions for non-payment is ending, tenants are still protected under Oakland’s “just cause” eviction laws.

Tenants should also be aware that while rent increases will not be allowed until July 2024, landlords may begin the process of increasing rent once the moratorium lifts. Staying informed about your rights under rent control laws will help you avoid being subjected to unlawful rent hikes.

Looking Ahead: The Long-Term Impact

The phase-out of Oakland’s eviction moratorium marks a significant shift in the local housing landscape, and its long-term impact remains to be seen. For landlords, the end of the moratorium offers a chance to recover some of the financial losses sustained during the pandemic. However, the ongoing challenges of rent control and “just cause” eviction laws mean that managing rental properties in Oakland will remain a complex task.

For tenants, the end of the eviction moratorium presents new challenges but also opportunities to stabilize housing situations through clear communication and cooperation with landlords. As Oakland moves into the next chapter of its pandemic recovery, both landlords and tenants must work together to ensure that the city’s housing market remains fair, accessible, and sustainable for all.