East Bay landlords sue to overturn COVID eviction bans

A group of East Bay landlords is suing Alameda County and the city of Oakland, hoping to overturn two of California’s strongest remaining eviction bans.

The city and the county, like many others throughout the state, placed a moratorium on most evictions early in the COVID-19 pandemic in an effort to prevent people from ending up homeless as the economy floundered and many tenants struggled to pay rent. Now, two years into the pandemic, tenants’ rights groups argue those protections are still just as important as ever. But a collection of landlords, who filed suit this week in federal court, say the eviction bans have outlived their purpose and are being abused by tenants.

“When COVID hit, state and local governments did the right thing, helped tenants stay in their homes,” said Joe Arellano, a spokesman for the landlords. “Now two years have passed, we have vaccines, COVID appears to be turning endemic, but yet mom and pop property owners have endured two years of not receiving rental payments. And now as a result, they’re on the brink of foreclosure, bankruptcy and so forth.”

Oakland is reviewing the lawsuit, according to an emailed statement from City Attorney Barbara Parker.

“The City remains committed to doing what we can to protect Oaklanders from the ongoing hardships and risks associated with the COVID-19 pandemic,” she wrote.

Alameda County’s counsel did not respond to a request for comment.

The lawsuit was filed by five individual landlords and Housing Providers of America — a nonprofit formed in January to fight eviction moratoriums. They intend to broaden their fight to other eviction bans around the country.

But renters argue the protections remain vital. Maricela Ortega, a renter in Oakland, says she’s been approved for rental assistance, but her landlord isn’t accepting the money. She thinks he will evict her when the city’s ban ends.

“Without the eviction moratorium, thousands of families like mine will end up on the streets,” Ortega, who belongs to the Alliance of Californians for Community Empowerment, wrote in an email. “We cannot lose these protections.”

Many city and county eviction bans have expired as the pandemic appears to wind down, and the last statewide protections are ending at the end of the month. Until March 31, California landlords cannot evict tenants who are struggling to pay rent because of the pandemic, and who have applied for state rental relief.

Unlike the state, Oakland and  Alameda County don’t require tenants to stipulate they are facing pandemic-related economic hardship. Instead, they ban most evictions unless the landlord wants to take the unit off the rental market or the tenant poses an imminent threat to the health or safety of other occupants. Both Oakland and Alameda County’s eviction bans are set to last until the end of their declared state of emergency. Neither jurisdiction has shown any sign of lifting the ban.

The plaintiffs’ lawyers argue the East Bay eviction bans unconstitutionally infringe upon landlords’ property rights.

And while the state and local governments are attempting to provide rent relief payments to landlords and tenants, much of that money already has run out. Alameda County’s Housing Secure website says while the county has received $129 million, it has more requests than it can fund. Oakland’s emergency rental assistance program has been oversubscribed since Jan. 7, according to its website. The state relief program also is struggling with long wait times and delayed funds.

“The property owners felt like they had no recourse to collect unpaid rent, pay their bills, so now they’ve been forced to go to federal court to close this loophole that exists in these two jurisdictions,” Arellano said.

One plaintiff, Oakland landlord John Williams, says his tenant hasn’t paid the $1,500 monthly rent since the eviction moratoriums went into effect, and as a result, he’s worried he will lose the property. In October, the stress of the potential foreclosure put Williams in the hospital, according to the complaint.

Another plaintiff, Hayward landlord Sheanna Rogers, says the moratorium is preventing her from evicting a tenant who has been harassing her and her clients. Rogers operated an independent living facility for vulnerable clients, including people with mental disabilities. Because of her tenant’s harassment — which included screaming profanities and throwing garbage into the street — she had to shut down her business, according to the complaint.

Jaqueline Watson-Baker, another Oakland landlord, says her tenant is destroying her property. When she entered the unit several months ago, she says she found urine and feces all over the bathroom, garbage covering the yard, and an insect infestation. The tenant owes her $5,000, and Watson-Baker can’t evict them, according to the complaint.