Guest Column: James Vann on City Funding for Landlord Evictions

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This guest blog by noted Tenants’ Rights activist, James Vann, is in reference to a proposed program loosely defined in Council Member Lynette McElhaney’s press release, the body of which is posted below the column. I have edited his piece for brevity and clarity.

Here’s some background on the origin of this funding [estimated at $300k] which will provide loans to landlords who evict long-term tenants. These are tenants who now have the right to relocation fees due to the hardship of displacement. I’ll leave it up to the reader as to what extent this funding redefines spin, irony and general what-the-heckism?!

http://www.oaklandpost.org/2018/05/31/oakland-allocated-2-2-million-prevent-evictions-mayors-staff-failed-spend-money/

City Council Member McElhaney Advances a Landlord-Written Tenant-Eviction Plan Funded by State Anti-displacement Grants

At the end of a 4-1/2 hour Community and Economic Development Committee meeting Tuesday afternoon, Council Member McElhaney rushed a plan to provide “no-interest” city loans (and/or grants) to small property owners by an exhausted 3-person committee.  The objectionable plan would enable and assist owners of duplexes and triplexes to evict longtime tenants from their homes of up to 20 or 30 years.  The hastily developed proposal — for which McElhaney somehow recruited Council Member Rebecca Kaplan as a co-sponsor — was framed by landlord advisers to McElhaney –with no opportunity for tenant advocates to review or comment on the proposal prior to its introduction at the Community and Economic Development Committee at its Tuesday meeting.
Oakland has a “Just Cause” ordinance that prohibits the eviction of tenants without cause except in the case of owner move-ins to include family members who displace existing tenants in duplexes and tri-plexes up to five units. In response to that loophole, the City also recently adopted an ordinance that requires these owners to pay significant relocation fees to tenants who may be evicted, due to no fault of their own. These evictions also result in removing these units from the Just Cause prohibition against no-fault eviction.  While the right of such owners and certain relatives to occupy their property is acknowledged, tenants, who have done nothing wrong but are inconvenienced and evicted by their owners and must search for a replacement home, must still be compensated by the occupying owners.
What CM McElhaney has proposed is actually “an incentive” for small property owners to get long-standing tenants out of their homes, and, in the process, have the city pay for the eviction.  Meanwhile, there is no monitoring by the city, so many of these evicting owners will only pretend to occupy, but may never actually live in the unit.  The owner is then able to re-rent the unit at exorbitant prices — a deception that the city will likely never discover.  Many of these no-interest “so-called loans” will actually become grants of public money because the owners will plead low-income, refuse to pay, resell their property, or even put their homes into reverse mortgages.  These evicting owners will not be required to make a down payment nor matching payments, they simply apply to the city and the full cost of the tenants’ eviction and relocation cost is paid for them — making the city the “Evictor-In-Chief.”
This flawed, ill-thought-out ordinance was advanced to City Council by the unanimous vote of Councilmembers Noel Gallo and Anne Campbell-Washington who joined with Lynette McElhaney.  As so often happens in committees and even at city council, despite the fact that obvious weaknesses in the proposed legislation were pointed out in detail,  not one of the council members bothered to even ask any questions.
James E Vann, Co-Founder
Oakland Tenants Union 
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Press Release: “Committee Strengthens Anti-Displacement Efforts”

“McElhaney and Kaplan Advance Amendment to Help Low-Income Owners Support Tenant Relocation

On Tuesday, June 26, 2018, Oakland’s Community and Economic Development Committee unanimously  approved the establishment of a city loan program to help distressed low-income homeowners advance required tenant relocation funds. Under the amendment advanced by Councilmembers Lynette Gibson McElhaney and Rebecca Kaplan, the City will make available no interest loans to fund required tenant relocation payments for cash-strapped  homeowners seeking to return to their homes. To qualify, owners must meet a strict set of criteria including:

  • Own 5 or fewer units
  • Be low-income or have less than 6 months of financial reserves
  • Be denied a cash-out refinance loan on their property, and
  • Certify that the relative moving in is also low or moderate income and does not own any other real estate

“This is common sense anti-displacement legislation that helps preserve the social and economic diversity of home ownership in our City, especially of African American and other low income legacy owners,” said Councilmember McElhaney. “This is about addressing all sides of the displacement issue and not creating pressure on legacy owners to sell the homes they want to return to.”

This past January, the City Council amended the Uniform Residential Tenant Ordinance requiring that tenants who are evicted for an owner or relative move in receive relocation  payments. Payments range from $6,500 for a studio or one-bedroom unit to $9,875 for a three or more bedrooms. These payments may pose a hardship for low income and low asset owners, especially those who need to recover possession of their homes to support themselves or relatives.

The Ordinance will be heard by the full City Council at its next meeting on July 10. ”

Tell the Oakland City Council Tonight–ReFund Oakland

Guest blog by Margaretta Lin, Executive Director of the Dellums Institute for Social Justice and  former Oakland Deputy City Administrator–includes specific asks of the City Council during its final budget talks. Please forward to your CMs and sign up to speak on Item 13!

PREVENT HOMELESSNESS BY FUNDING ANTI-DISPLACEMENT

On Monday, June 26th, the Oakland City Council will determine whether Oakland’s new homeless epidemic will continue to surge. The Mayor’s budget allocated no funds for anti-displacement and homeless prevention, other than for the City’s Rent Adjustment Program, which does not advocate on the behalf of individual tenants.  By allocating only a small housing pot for housing, the Council President’s proposed budget pits the needs of tenants facing evictions against the homeless.

The vast majority of Oakland residents identify anti-displacement and homelessness as their top priority.  Yet the Council President’s proposed budget only allocates $1.77 million over 2 years for anti-displacement—less than the budget proposal for the City of Berkeley, with ¼ of Oakland’s population!  None of Oakland’s $1.163 BILLION in General Funds is being proposed for anti-displacement or homeless services.

Contact Oakland Council Members NOW and ask them to represent Oakland residents’ valuesFUND ANTI-DISPLACEMENT AND HOMELESS PREVENTION!

 

Council President Larry Reid, District 7, 510.238.7529, lreid@oaklandnet.com CM Dan Kalb, District 1, 510.238.7001, dkalb@oaklandnet.com

@DanKalb

CM Abel Guillen, District 2, 510.238.7002, aguillen@oaklandnet.com

@abel_guillen

CM Lynette McElhaney, District 3, 510.238.7003, lmcelhaney@oaklandnet.com

@lynetteGM

CM Annie Campbell-Washington, District 4, 510.238.7004, acampbellwashington@oaklandnet.com

@annieforoakland

CM Noel Gallo, District 5, 510.238.7005, ngallo@oaklandnet.com

@NoelGallo5

CM Desley Brooks, District 6, 510.238.7006, dbrooks@oaklandnet.com

@desleyb

CM Rebecca Kaplan, At Large, 510.238.7308, rkaplan@oaklandnet.com

@Kaplan4Oakland

Oakland has lost over 36,000 African Americans—26%–since 2000, a bigger decline than major cities like San Francisco and DC.  The homeless rate has increased by 39% in 2 years as median rents increased by 54%.  70% of low-income tenants going through legal evictions have no lawyer and 3,000 tenants have limited access to housing counseling.

Oakland developed a model anti-displacement safety net with proven strategies of coordinated housing counseling, legal services, and emergency housing funds for low-income tenants and elderly homeowners.  City quarterly reports showed that INVESTING IN PREVENTION WORKS to keep people in their homes and out of homelessness.

The problem has been that the City provided limited funds since there are no dedicated funding sources for anti-displacement and homeless prevention strategies.

Let’s turn the tide on Oakland’s displacement and new homeless epidemic and invest in preventing more human suffering.  That’s how we’ll build an equitable and inclusive Oakland for All!  Please contact the Oakland City Council!!

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West Oakland Mosque Holds Solidarity Event Today

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      Press Advisory: California Sanctuary Campaign Event in Oakland

Oakland, Ca: The As Salaam Mosque has invited the East Bay community to show solidarity against harassment and discrimination, share cultural experiences, and celebrate diversity this Sunday from two to four thirty at 975 7th Street. There will be speakers, refreshments, and time to network with neighbors and local leaders.

Imam Muhammed and Pastor Jim Hopkins of the Lakeshore Baptist Church will lead the event in prayer. Speakers include Assembly Member Rob Bonta, leader in the State Sanctuary movement, Assembly Member Tony Thurmond,  Council Members Lynette Gibson McElhany and  Noel Gallo, Jose Hernandez of Congresswoman Barbara Lee’s office, School Board Trustee Jumoke Hodge, and former Mayor Jean Quan.  Sundiata Rashid of the Lighthouse Mosque and Reverend Ken Chambers of the West Oakland Baptist Church will also address the gathering.

Jehan Hakim of Asian Americans Advancing Justice, organizer of the event along with Jean Quan, stated, “In these times of bigotry and harassment, it’s important for us as residents of the East Bay and beyond to spend the day with our Muslim neighbors learning what it means to create a real sanctuary in our community.”

For more info, see: https://www.eventbrite.com/e/solidarity-day-with-our-muslim-neighbors-tickets-33878708128?aff=esfb&utm-source=fb&utm-term=listing&utm-campaign=social&utm-medium=discovery&utm-content=attendeeshare  or

Contact: Pamela Drake-pamelaadrake@gmail.com, 510-593-3721