October 2014 Vol. 14, Issue 10
Oakland City Attorney Barbara Parker 
News from the Oakland City Attorney's Office
In This Issue:
Protecting tenants with the City's Nuisance Eviction Ordinance
City Attorney in the Community
Major Cases & Legal Matters
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Resources:

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Greetings!
      

In our monthly newsletter, we provide important information about the work of the Oakland City Attorney's Office, plus updates on legal issues and matters that impact Oakland residents and businesses. 

 

This month: The City Council approves new tenants protections; the City Attorney in the Community; and updates on significant legal cases and matters.

 

As always, I look forward to your comments, thoughts and questions about how we are conducting the City's business.

 

Very truly yours,

 

Barbara J. Parker

Oakland City Attorney

City Council Approves Updates to Nuisance Eviction Ordinance

 

On October 21, the City Council unanimously approved updates to the City's Nuisance Eviction Ordinance proposed by my Office.

 

The law, which has been on the books for ten years, was designed to protect Oakland renters by allowing the City to remove problem tenants in commercial or residential properties who pose a danger to or create serious quality of life problems for their neighbors.

 

Previously, the ordinance allowed evictions for violent activity, drug activity and possession of illegal weapons. The City has used this ordinance selectively, on average 10-12 times a year. About half of the evictions have involved guns or violence in residential properties, and about half have involved commercial properties where a store or business is involved in the drug trade. The amendments approved in October add illegal gambling, possession of illegal ammunition and pimping/prostitution to the list of activities that threaten the health, safety and welfare of Oaklanders, and therefore could result in eviction.

 

The purpose of including pimping and prostitution in the ordinance is to aid the City's efforts to curb the sexual exploitation of minors and young adults, which is at crisis levels in Oakland other communities in California. 

 

I previously went to trial asking the court to shut down two hotels that were operating as centers of prostitution and child prostitution in Oakland; the court ordered closure of both hotels for the maximum period of one year allowed by law. One of hotels reopened with a new name, under new management and very strict operating conditions; the other was permanently closed.

 

Based on evidence from Oakland police and community activists, we know that adults who engage in human trafficking often use hotel rooms or apartments to exploit and abuse women and girls, and that those women and girls are often the victims of horrific and violent crimes. This change to the City's Nuisance Eviction law won't end these crimes, but it gives us an additional tool to reduce the number of places where these crimes can take place.

 

This change in the law has generated some controversy. A number of advocates who represent sex workers advised our Office of their concerns that the City will use the Nuisance Eviction Ordinance to evict adult sex workers who are not creating a danger or a nuisance to their neighbors, simply based on their status; or that the City will evict tenants based only on the suspicion that they are involved in prostitution.

 

Oakland has some of the strongest tenant protection laws in the country, and this law does not change the eviction protections that tenants enjoy. In Oakland, tenants can challenge an eviction if they believe it is unwarranted and have a jury trial before an eviction takes place.

 

In any event, an eviction must be based on evidence, for example an arrest. In fact, no one can be evicted in Oakland based on their status as a prostitute. The Nuisance Eviction Ordinance only applies when a tenant's actions pose a danger or a severe nuisance to other tenants, and when there is convincing evidence documenting those actions.

 

Landlords have the primary responsibility to address tenants' nuisance activity. Oakland's law allows the City to inform the landlord that a tenant is engaging in illegal activity, and then cite the landlord for maintaining a nuisance if the landlord fails to bring an eviction action. However, landlords who have a basis to fear retaliation by a problem tenant against the landlord or other tenants may assign the eviction cause of action to the City.

 

Regardless of where tenants live in our City, they have the right to humane and decent living conditions. Many tenants don't have the option of moving to escape a dangerous situation or a serious nuisance created by the actions of a neighbor - and they shouldn't have to.

 

Of course, this law cannot end human trafficking and other crimes in rental properties. But it is one tool that may help to remove a danger or a nuisance that is undermining the quality of life for Oakland tenants.


 
More information:

 

Campaign cracks down on Oakland child sex trafficking LA Times

 

Info & resources from the Alameda County District Attorney's Office

 

'There is no such thing as a child prostitute' East Bay Express

 

Read the updated Nuisance Eviction Ordinance

 

City Attorney in the Community 

 

Supporting Local Entrepreneurs

 

On October 8, I joined Mayor Jean Quan, Mayor-Elect Libby Schaaf (see photo) and dozens of local entrepreneurs to promote investment in Oakland's economy.

KIVA event

 

The event at Frank Ogawa Plaza was held to encourage investment in small and local businesses through an innovative partnership with global microlending organization Kiva.org

 

Microlending, also called microfinance, allows individuals to make small loans to businesses that do not have access to traditional forms of capital, such as a loan from a bank. The small loans then are bundled together to make one larger loan to the borrower.  This "crowdfunding" model has worked around the world to create jobs and economic opportunity for small entrepreneurs and the communities they serve. While this model is usually associated with the developing world, it also can work in Oakland, and in fact it already is working.

 

Last year, the City Council unanimously approved a resolution that I and Councilmember Schaaf sponsored making Oakland the first U.S. city to partner with Kiva.org through the nonprofit's Kiva Zip program, which allows anyone with an internet connection to make a "microloan" of $5 or more to a small business endorsed by the City of Oakland.


The event featured delicious treats from the Pop Art Bakeshop from the Fruitvale neighborhood, old school bagels from the Authentic Bagel Co. in Jack London Square and many other goods from local small businesses.

 

Oakland has extraordinary energy and momentum. In the last few years, we have seen a boom in the downtown and uptown neighborhoods, the beautiful rehabilitation of Lake Merritt, the beginning of a historic development on the former Army Base and so many other important and giant steps.  One of the main reasons for this momentum is the small local entrepreneurs who are flocking here. Every dollar that is loaned to a small business grows our economy and creates new jobs, new opportunities and new energy. I strongly encourage you to visit https://zip.kiva.org and make a small loan to support a local business and help grow Oakland.

  

 

Bay Area Black Prosecutors Host Panel to Discuss Career Development and Increase Diversity in Government Service

 

In October I was honored to serve on a panel to discuss "Career Development and Diversity in Government Service" that the Bay Area Black Prosecutors Association sponsored at UC Berkeley Law School (formerly known as Boalt Hall).


The panel, moderated by Terry Wiley, Senior Deputy District Attorney for Alameda County included Melinda Haag, US Attorney for the Northern District of California, Donna Ziegler, Alameda County Counsel, and others representing state, federal and local agencies. We discussed with the students our own career paths and personal stories and provided advice on the subjects of recruitment, retention, promotion and diversity in government agencies.

 

This type of outreach to students and attorneys of diverse backgrounds is crucial to make them aware of the opportunities within government, and to help them see others like themselves practicing law. 

 

Bay Area Black Prosecutors Association Panel 

 

 

Oaktoberfest

 

The City Attorney's Office had a table at this annual festival on one of Oakland's many gorgeous days. We shared information about our Office and chatted with throngs of residents who enjoyed the food and music in the City's vibrant Dimond District. I enjoyed chatting with friends and acquaintances and discussing our Office's role and initiatives with attendees. Many thanks to members of our Office who set up, stocked and staffed the City Attorney table.

 

 

Asian American Prosecutors First Annual Gala

 

I attended this wonderful event on September 30 which included a feast at Scott's restaurant and a stirring keynote address by Tani Cantil-Sakauye, Chief Justice of the California Supreme Court. The dinner and ceremonies were moderated by KPIX Channel 5 journalist Da Lin.

 

Updates on Legal Cases & Matters

  

Expansion of the City's Prompt Payment Ordinance

 

The City's Prompt Payment Ordinance requires that the City promptly pay City contractors who provide services to the City, whether the contractors are for profit or nonprofit companies. The law clearly set forth its intent to ensure that these entities are not financially challenged by tardy payment for their services.

 

Earlier this year, nonprofit grant recipients expressed concern about the time it took the City to issue grant funds to them to perform their work. Our Office advised that the City Council could amend the Prompt Payment Ordinance to cover grant recipients as well as companies that provide services to the City. The amendment will be presented to the Council before the end of this year.

 

On October 29, the Oakland Post published a story about the City's Prompt Payment Ordinance that included some erroneous statements about our advice on the Prompt Payment Ordinance. This letter to the editor corrects the record and reiterates that my Office fully supports expanding the Prompt Payment Ordinance to apply to grant recipients.

 

 

City Prevails on Appeal in Pension Bonds Case (Mix v. City of Oakland, Alameda County Superior Court Case No. RG12661429)


On October 3, the State Court of Appeal ruled
in favor of the City in a case challenging the City's issuance of pension bonds.

 

Plaintiff David Mix filed a complaint in 2012 challenging the validity of a City Council ordinance authorizing the issuance of bonds to fund the City's Police and Fire Retirement System (PRFS). Mr. Mix argued that a judgment from 15 years ago authorizing the City to fund the PFRS system did not apply to the most recent bonds. The trial court ruled in favor of the City and Mr. Mix appealed that decision. The Court of Appeal held that Mix's writ of mandate was untimely and affirmed the trial court's dismissal.