What is Next for the Eviction Moratorium?
The existing moratorium will last through April 30th, with a transition period taking place from May 1 - August 31, 2023.
Last week, Council held a special meeting to take action on the future of the eviction moratorium. This was required as the eviction moratorium is tied to the local state of emergency, but the enabling legislation does give the Council the ability to extend the moratorium. Both California and Alameda County have ended their state of emergencies relating to COVID-19 as of February 28th. Some local jurisdictions, such as Oakland and Berkeley, are still in place, with Berkeley’s currently set to expire on March 30th. However, this date could change. The federal COVID-19 state of emergency is set to end on May 11th.
Under the approved plan, the eviction moratorium for residential property will be extended through April 30th, regardless of when the local state of emergency ends. During that time, the only evictions that can take place are in response to an imminent threat to the health and safety of other occupants. A transition period will take place from May 1st through August 31, 2023. During this time, evictions will also be allowed for owner move-ins and for non-payment of rent where the tenant has not provided documentation that the lack of payment was related to COVID-19. Then on September 1st, the moratorium will completely end and all just cause evictions are allowed as they were pre-pandemic. Pursuant to State law, evictions in commercial properties can now proceed.
Providing financial support is a critical way of preventing eviction and displacement. Since the start of the pandemic, we expanded rental assistance programs and created the Berkeley Relief Fund to support tenants, small businesses, and arts organizations who have been financially impacted by COVID-19. These funds have been exhausted, with a waitlist now in place and a backlog of over $44k in requested aid with this number expected to grow in the coming weeks. To ensure that enough funding is available through the end of the fiscal year on June 30th, an additional $300k has been allocated to the Housing Retention Program. These funds will come from the General Fund as a result of salary savings, and/or through U1. Measure U1, an increase in the business license tax for large landlords, was approved by Berkeley voters in 2016 to fund affordable housing and programs that prevent homelessness, such as the Housing Retention Program. Additional funding will likely be requested during the next budget cycle to meet the demand for rental assistance.
If you are a tenant who is in need of rental assistance, you can contact the Eviction Defense Center at 510-452-4541. Under the Housing Retention Program, households can receive up to $5,000 in a one-time grant. To qualify, you must be at imminent risk of losing housing and have documentation showing either a decrease in income, unexpected medical expenses, fleeing domestic violence, or other unexpected significant expenses. For a full list of requirements and details on how to apply, click here. In addition to the regular Housing Retention Program, households impacted by COVID-19 may qualify for an additional $10,000. The application process is the same. If you are unable to pay rent due to a COVID-19 related reason, you must fill out this form and submit it to your landlord, and keep a copy for your records. Additional information for tenants and landlords relating to COVID-19 can be found here.