How to Avoid Eviction in Alameda County
On Tuesday March 31, 2020 the Alameda County Board of Supervisors passed an eviction moratorium, suspending evictions for renters and homeowners impacted by COVID-19 who live in unincorporated portions of the County and in Alameda County cities where local protections have not been adopted.
The ordinance can be found here.
You qualify for the eviction moratorium if you or someone in your households has suffered a substantial loss in income, substantial out-of-pocket medical expenses or extraordinary child care needs, resulting in a substantial hardship or inability to pay rent or mortgage payments when due, as a result of the COVID-19 pandemic.
What to do if you are a tenant or homeowner who cannot pay rent or mortgage:
- Notify your landlord or lender as soon as possible that you may not be able to pay your rent or mortgage because of COVID-19. If possible, work with your landlord to develop a solution.
- If you receive a Notice of Termination, tell your landlord that you are experiencing a substantial loss of income, substantial out-of-pocket medical expenses, or extraordinary child care needs caused by COVID-19.
- Within 15 days after receiving a Notice of Termination, give your landlord one or more of these documents which prove you are eligible for protection from eviction:
- A letter from your employer or other income source citing COVID-19 as a reason for reduced hours, termination or substantial reduction in pay;
- Employer paycheck stubs showing a reduction in pay following the COVID-19 outbreak;
- Bank statements showing a reduction in income following the COVID-19 outbreak;
- Documents showing payment of substantial out-of-pocket medical expenses caused by COVID-19;
- Documents showing the closure of a school or child care facility where your child would otherwise be during working hours.
What to do if you are a landlord or lender:
- Contact your tenants or homeowners impacted by COVID-19 and, if possible, work out a solution without issuing a Notice of Termination if they cannot pay rent.
- If you issue a Notice of Termination, you must provide a copy of the ordinance along with this notice “NOTICE: THE COUNTY OF ALAMEDA HAS ADOPTED A TEMPORARY MORATORIUM ON EVICTIONS FOR NONPAYMENT OF RENT OR MORTGAGE PAYMENTS DUE TO COVID-19. A COPY OF THE COUNTY ORDINANCE IS ATTACHED. UPDATED INFORMATION MAY BE AVAILABLE FROM THE COUNTY’S HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AT jennifer.pearce@acgov.org or 510- 670-6474.”
- If your tenant or homeowner provides the appropriate documentation, you cannot execute an eviction or otherwise require your tenant to vacate while the ordinance is in effect. Violations are considered a misdemeanor and subject to a per violation fine.
- Reach out to your bank to discuss deferred payment or forbearance programs. Borrowers who fall behind on their mortgage payments will soon have the ability to defer payments through a new service being offered by Fannie Mae US:FNMA and Freddie MAC US:FMCC. Borrowers who are granted a payment deferral will see their delinquent principal and interest payments deferred. That balance will come due either on the mortgage maturity date, the pay-off date or upon the sale of the property, whichever comes first. The term of the loan and payment schedule will remain the same.
District 5 City Protections
Most cities in District 5 have also adopted protections for renters and homeowners. Visit their respective websites to learn more:
City of Albany
City of Berkeley
City of Emeryville
City of Oakland
Additional Information
From Capitol Public Radio:
California Courts Suspend Eviction, Foreclosure Proceedings Until 90 Days After Coronavirus Emergency Lifted
April 6, 2020 - In a victory for those struggling to stay in their homes, California's courts suspended eviction and foreclosure proceedings statewide on Monday until 90 days after the coronavirus state of emergency is lifted. Read more...
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From Office of California Governor Gavin Newsom:
Governor Gavin Newsom Announces Major Financial Relief Package: 90-Day Mortgage Payment Relief During COVID-19 Crisis
March 25, 2020 - Governor Gavin Newsom today announced that financial institutions will provide major financial relief for millions of Californians suffering financially as a result of the COVID-19 outbreak. Read more...
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