Oakland Rent Control
Oakland Tenant Law Articles
3 Apr 2017
What is required for a temporary eviction for substantial repairs? Before sending a tenant a written notice to vacate for substantial repairs, the landlord must obtain all necessary permits from the City of Oakland. The eviction must be in good faith and be for substantial repairs that cannot be completed while the unit is occupied. The substantial repairs must be necessary either to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of…
Oakland Relocation Program
What is required for a temporary eviction for substantial repairs?
Before sending a tenant a written notice to vacate for substantial repairs, the landlord must obtain all necessary permits from the City of Oakland. The eviction must be in good faith and be for substantial repairs that cannot be completed while the unit is occupied. The substantial repairs must be necessary either to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of the building, or under an outstanding notice of code violations affecting the health and safety of tenants of the building.
Displacement from code-compliance activities occurs when (a) the tenant has received a written notice to vacate from the property owner after having obtained all necessary permits; (b) the tenant vacates its room or unit (whether or not the property owner requires it) after the City or a court has issued a notice to vacate, a notice to abate life-threatening condition, or a declaration of substandard condition in that unit, and the abatement period has expired without correction; or (c) the tenant vacates their unit or room because the property owner wants the unit to be vacated due to conditions for which the City or a court could issue a notice to vacate, but the City or court has not yet done so.
The repairs must be made on time and without unreasonable delay. The tenant cannot be forced to vacate for more than three months. However, the three-month period may be extended by the Rent Board upon application by the landlord. Once the repairs are completed, the landlord must offer the unit back to the original tenant at the same rent.
It is a violation to attempt to have a tenant accept terms that fail to comply with the ordinance, including: a) asking the tenant to accept an agreement that pays less than the required relocation payments; b) asking the tenant to accept an agreement that waives the tenant’s rights; or c) upon a return to the unit, asking the tenant to pay a higher rent than permitted under the ordinance.
Am I entitled to relocation assistance for a demolition or substantial repairs eviction?
A tenant is eligible for relocation payments from a property owner if the tenant is displaced from their rental unit or room due to the City’s or owner’s code compliance activities, as described in the paragraphs above.
Eligible tenants are entitled to a relocation payment from the owner in the sum of $6,500 per unit for studios and one-bedroom apartments; $8,000 per unit for two-bedroom apartments; and $9,875 per unit for units with three or more bedrooms. The owner must pay eligible tenant households additional payments if they include lower income, elderly, or disabled (FEHA definition), and/or minor children (18 years or younger). This additional relocation payment is $2,500 per unit. A tenant whose household qualifies for the additional payment must give written notice of his/her entitlement to the owner within thirty days after vacating the unit.
6 Dec 2016
Am I covered by Oakland Rent Control? The Oakland Residential Rent Adjustment Program applies to buildings with two or more units in Oakland that have a certificate of occupancy prior to January 1, 1983. However, the following units are not covered by the Oakland Rent Ordinance: 1. Dwelling units in subsidized housing, including units where tenants are using Section 8 vouchers; 2. Motels and boarding houses where the tenant has not been in continuous residence for thirty or more days...
4 Apr 2016
What buildings can be converted to condominiums in the City of Oakland? In the City of Oakland, all buildings can be converted to condominiums. If the building is located in the Lake Merritt District, the owner of the building must build new units to replace the units that are being converted. Can the landlord increase rent during the condominium conversion process? A landlord may not increase a tenant’s rent for twelve months after the filing of the tentative map or…
What buildings can be converted to condominiums in the City of Oakland?
In the City of Oakland, all buildings can be converted to condominiums. If the building is located in the Lake Merritt District, the owner of the building must build new units to replace the units that are being converted.
Can the landlord increase rent during the condominium conversion process?
A landlord may not increase a tenant’s rent for twelve months after the filing of the tentative map or tentative parcel map.
Are there any restrictions on a landlord’s right to do construction during the conversion process?
The interior of tenant-occupied units cannot be remodeled during the condominium conversion process in the City of Oakland. This prohibition lasts until thirty days after issuance of the final subdivision public report or, if one is not issued, after the start of subdivider’s sales program.
Can I buy one of the condominiums?
City of Oakland tenants must be given the exclusive right to purchase their units, or any other available unit in the building, upon the same or more favorable terms and conditions that such units are initially offered to the general public. This right lasts until thirty days after issuance of the final subdivision public report or, if one is not issued, after the start of subdivider’s sales program.
Can I be evicted after conversion?
No. City of Oakland tenants cannot be evicted for 180 after issuance of the final subdivision public report or, if one is not issued, from the start of subdivider’s sales program. After this 180-day period, a tenant can only be evicted subject to Oakland Just Cause Ordinance.
Are there special protections for elderly tenants under the City of Oakland Condominium Conversion Ordinance?
Tenants who are sixty-two years or older must be given lifetime leases on their units, or at the tenants’ option, on any other available unit in the building. The leases must begin before the date of issuance of the final subdivision public report, or, if one is not issued, no later than the start of subdivider’s sales program. All terms and conditions of the lifetime lease shall be the same as those contained in tenants’ current leases. Tenants can still be evicted for just cause, but presumably not for no-fault reasons such as owner move-in eviction. If the unit is covered by City of Oakland Rent Control Ordinance, the rent increases must track those allowed by the Ordinance. If the unit is exempt under Costa Hawkins, the rent level for the first year must not be more than the rent that existed on the unit one year prior to the filing of the tentative map, increased by no more than 75% percent of the CPI; subsequent rent increases will be equal to 100% of the CPI.
Can a landlord evict me to avoid providing the long-term lease and other tenant protections?
The City of Oakland will deny approval of a tentative map or tentative parcel map if it finds that the subdivider vacated units in the building proposed for conversion in order to avoid providing payments and other benefits to tenants.
Am I entitled to financial assistance to move or purchase a unit in my building?
Prior to converting to condominiums, a subdivider must draft a tenant assistance program, which must be approved by the City Oakland. The tenant assistance program must address the following:
Incentives to increase the ability of existing tenants to become owners of the condominiums;
Financial relocation assistance to tenants; and
Incentives to assist disabled and elderly tenants.
What remedies does a tenant have in the City of Oakland when a landlord violates the Condominium Conversion Ordinance?
A tenant may bring a civil action for relief or damages for a violation of any part of the City of Oakland Condominium Conversion ordinance. If landlord or agent of the landlord is found to have willfully or maliciously violated this ordinance or the terms of the final subdivision map, the damages will be tripled.