If you would prefer an email response, you can email us. (OMC 8.22.360 A.9.) Rent ordinances in other Bay Area cities have similar “just cause” requirements. The residential eviction defense to non-payment of rent due to COVID-19 will expire at the end of the Local Emergency as declared by Oakland City Council. A Vacation Rental as defined under City Ordinance, as any transient public lodging establishment that does not have on-site management, which is located in the single family residential dwelling zoning district in the City of Oakland Park. Call Us: (248) 284-4100 Home The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. It is important to note that the Ordinance applies to all rental units in Oakland, including units otherwise exempt from rent or eviction controls, like single family homes and new construction. However, the Oakland Rent Ordinance exempts several types of units from rent control coverage, including: The City of Oakland Rent Board has issued Regulations related to the Emergency Eviction Moratorium. Amongst other elements, it provides guidelines for payment of delayed rent, clarifies the negotiation process for delayed rent, and gives information for RAP mediation services to assist tenants and owners in finding a resolution. Oakland’s City Council on Tuesday unanimously voted to require large grocery stores to add $5 an hour onto the pay of workers. The only exception is if your landlord petitions the Oakland Rent Board for a “fair return”. Oakland Rent Control. Eviction Notices: All eviction notices should be scanned and submitted via email to evictionnotices@oaklandca.gov. The Oakland City Council unanimously passed the Fair Chance Housing Ordinance on Tuesday, a formal second vote after the same measure sailed through on … On March 27, 2020, the Oakland City Council adopted an ordinance imposing a moratorium on residential evictions, rent increase above the CPI amount of 2.7%, and prohibiting late fees during the COVID-19 Local Emergency. The Oakland City Council adopted the Rent Adjustment Program (RAP) Ordinance (OMC Chapter 8.22) in 1980. For rent increases greater than 10%, tenants should receive 60 days notice. The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. The Rent Adjustment Ordinance can be found in section 8.22 of the Oakland Municipal Code. For a full list of documents, click here to access all tenant forms and here for all property owner forms. RAP strives to return all emails within a twenty-four-hour timeframe. Read the full text of the City of Oakland Rent Board’s Emergency Moratorium Regulations here. The Oakland City Council voted unanimously at a special meeting on Friday to approve an emergency ordinance imposing a moratorium on residential and commercial evictions, rent … Allowable Rent Increases Rent can only be raised once a year. All new petitions and petition-related documents can be submitted by mail to the address above, electronically submitted to rap@oaklandca.gov, or the online portal. The links down below take you to the State of California’s pages regarding the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088): If you are a tenant or another tenant you know is thinking of breaking your lease, contact the Rent Adjustment Program at (510) 238-3721 or email us at rap@oaklandca.gov. These resources below advise Oakland property owners and tenants on their legal rights and responsibilities under state and local ordinances. Due to the Shelter-in-Place Order, we are no longer accepting in-person petition applications and related materials. “Maximum Lawful Rent” means the maximum rent which may lawfully be charged for such unit under the terms of the Oakland Residential Rent Arbitration Ordinance or successor ordinances intended to limit or regulate rent charged for residential rental units within the city of Oakland. If you have Hearings Unit-related issues or questions related to your pending case, you must contact your Case Analyst directly. The moratorium on evictions and rent increases has been extended through the local emergency. If your tenancy is covered by Oakland’s rent control ordinance, then during the emergency period your landlord cannot give you a rent increase of more than Oakland’s yearly CPI increase. Generally, the Oakland Rent Ordinance’s Rent Control provisions cover rental units in a multi-unit building that have a certificate of occupancy issued before January 1, 1983. * Please check the organizations’ websites to confirm operating hours during the local State of Emergency. The Act will not significantly affect the Oakland Emergency Eviction Moratorium. Documents. For property owner forms, click here. Emergency Moratorium Regulations. Under the Oakland Rent Ordinance, Berkeley Rent Ordinance, and San Francisco Rent Ordinance, the damages are tripled. View Short-Term Rental Ordinance. Residential Rent Adjustment Ordinance (OMC Chapter 8.22) places limits on rent increases and provides a process to resolve disputes regarding rent increases. Housing Counselors are taking calls Monday to Thursday from 9:30am to 4:30pm at (510) 238-3721. 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. RESOURCES FOR PROPERTY OWNERS DURING COVID-19, City of Oakland Info Sheet: Emergency Moratorium on Rent Increases and Evictions, City of Oakland Info Sheet: Emergency Moratorium on Rent Increases and Evictions Frequently Asked Questions, Fact Sheet on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 from Governor Newsom’s Office, Announcement of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Relief Act of 2020 (AB 3088) from Governor Newsom’s Office, Full Text of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088), State of California, Department of Real Estate: Tenant Protection Guidelines. Read the Oakland Rent Adjustment Program Ordinance Read the Just Cause for Eviction Ordinance Read the Costa Hawkins Rental Housing Act Tenant Protection Ordinance Ellis Act Ordinance Uniform Relocation Ordinance. Petition Review/Filing: You have the option to schedule an appointment for review of your petition before filing. On July 21, 2020, Oakland City Council amended the Ordinances on eviction commercial and residential moratoriums to conform to the Local Emergency and the Governor’s Executive Order. This ordinance sets the maximum annual rent increase based on the annual CPI increase and handles rent adjustments for claims of decreases in housing services and handles other rent-related matters. Hearings Unit: hearingsunit@oaklandca.gov. Please read the information below carefully to find the best way to contact us. 8.22.600) in response to growing incidences of intimidation and harassment of tenants, many of whom feel constrained by language, residency, of lack of information and access to available remedies to make reports under state law. Oakland Fair Chance Housing Ordinance. If you do not want your petition reviewed and want to file, please submit your petition to hearingsunit@oaklandca.gov . Contact a RAP Housing Counselor at (510) 238-3721 or rap@oaklandca.gov for more information. Excerpt of general Code Ordinance Currently, that amount is 3.5%. You can also look up information related to cases through the RAP database. Phone: (510) 238-3721 | Fax: (510) 238-6181. Oakland rent stabilization law is somewhat convoluted, and the first algebraic equation to solve is where your rental property fits into this scheme. The current rate is 14% of the rent charged, as stipulated in Chapter 4.24 of the Oakland Municipal Code. Please note that all PRRs are considered public information. Those issues will be ultimately decided in a court of law. Original story, July 17: A new extension of Alameda County’s eviction moratorium makes it illegal for landlords to kick tenants out of their homes for almost any reason until October. This ordinance sets the maximum annual rent increase based on the annual CPI increase, handles rent adjustments for claims of decreases in housing services and handles other rent related matters. If you cannot find the form you want, you can email the Rent Adjustment Program at rap@oaklandca.gov to obtain it. The amount of tax shall be … All documents for Ellis Act cases must be mailed to 250 Frank Ogawa Plaza, Suite 5313, Oakland, CA 94612. The Rent Adjustment Ordinance can be found in section 8.22 of the Oakland Municipal Code. BOX 70243, OAKLAND, CA 94612-2043 Community and Economic Development Agency (510) 238-3721 Rent Adjustment Program FAX (510) 238-3691 TDD (510) 238-3254 JUST CAUSE FOR EVICTION ORDINANCE (MEASURE EE) This measure provides that landlords of specified residential properties may evict tenants County of Alameda COVID-19 Updates and Announcements Page, State of California COVID-19 Updates and Announcements Page, Stage of California, Department of Real Estate: Property Owner Resources, Políticas de derechos civiles y Procedimientos, Do you need help paying your mortgage? Oakland’s Rent Adjustment Ordinance limits the amount of rent that can be charged to tenants of residential units except: Units whose rents are controlled, regulated or subsidized by the government including Section 8 Housing. Click here to access the portal. which requires that rental property owners covered under the Just Cause for Eviction Ordinance (OMC 8.22.300) pay relocation benefits to tenants when the owner seeks to evict the tenant to move the owner or qualifying relative into the unit. The only exemption is for publicly-owned and operated housing units, which typically operate under different tenancy laws anyways. However, during the City’s Local Emergency, Rent Adjustment Program staff members are available to members of the public by phone and email. The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088), a state law, and Oakland’s Emergency Moratorium provide Oakland tenants protections and homeowners and small property owners relief during the COVID-19 pandemic. RAP staff members are available to assist members of the public Monday-Thursday from 9:30am to 4:30pm via live phone. To request documents related to a case, you can either complete the Request for Copies form and email it to rap@oaklandca.gov or make a Public Records Request (PRR) here. The Rent Adjustment Program’s Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer any RAP or housing-related questions you might have. If you do not know who your Case Analyst is, you can email hearingsunit@oaklandca.gov to find that information. Click. units that do not fall under the Oakland Just Cause for Eviction Ordinance, will have additional protections under AB 3088. Property owners may contact Housing and Economic Rights Advocates (HERA) at (510) 271-8443, East Bay Rental Housing Association (EBRHA) at (510) 893-9873, or the Alameda County Bar Association at (510) 302-2222. All information provided is solely advisory and does not constitute legal advice. m.s. ' Topics. To schedule an appointment for review email rap@oaklandca.gov. The Oakland Buyout Ordinance applies to all residential rental units in Oakland, except publicly owned or operated rentals. The two ordinances are similar, but Oakland can opt out of the county’s in cases when its own law is found to have stronger tenant protections. Tenants can only be given one increase in any one 12 month period. If your apartment is subject to the Oakland Rent Ordinance, then you have rent control in Oakland. MunicodeNEXT, the industry's leading search application with over 3,300 codes and growing! The purpose of this program is to foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance set out by the City of Oakland. M.S.) Oakland’s Eviction Moratorium will continue to protect most Oakland renters from eviction during the COVID-19 emergency. State of California, Department of Real Estate: Frequently Asked Questions: What is the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088)? Chacon v. The Ordinance is codified at Oakland Municipal Code section 8.22.850. city attorney's office an ordinance amending the rent adjustment ordinance (article i of o.m.c chapter 8.22) to (1) facilitate implementation of the requirements for owner petitions for rent increases in excess of the cpi rent This Guide is a brief summary of the Rent Adjustment process and the law that applies to it. We will also provide translation services for non-English speaking visitors including and not limited to Spanish, Chinese, Vietnamese, and other languages. Oakland Rent Ordinance Coverage. For the most up-to-date information on the City's response to the COVID-19 pandemic, visit the City’s COVID-19 page here. * Due to the Shelter-in-Place Order issued on March 16, 2020, all in-person housing counseling and workshops have been canceled. **Please note: The Rent Adjustment Program will not provide legal advice. Mayor Jesse Arreguín said Berkeley’s ordinance, like Oakland’s, will allow renters and landlords to create a repayment plan for any missed rents during the local state of emergency. That means that the landlord cannot raise the rent beyond the annual CPI increase rate for any given year. Tenants may contact the Eviction Defense Center (EDC) at (510) 452-4541, East Bay Community Law Center (EBCLC) at (510) 548-4040, Centro Legal de la Raza at (510) 422-5669, or Bay Area Legal Aid at (866) 346-3405. II. If you would like to receive emails about upcoming events or updates from the Rent Adjustment Program, please sign up! Steve Rosenberg, VP of Investor Education at Mynd Property Management and Giles Imrie, VP of Corporate Counsel at Mynd are discussing what this means for local landlords and Oakland real estate investors. Topics can be, but are not limited to, tenant and property owner issues and concerns, Oakland rental housing laws, or how to file a petition with RAP. Moratorium on Evictions and Rent Increases. Rent increases can only happen every 12 months after a tenant’s move-in date or 12 months after the last rent increase.California law requires that tenants receive written notification 30 days in advance. The San Jose City … The Ordinance also prohibits evictions based on non-payment of rent that became due during the Local Emergency when the tenant suffered a substantial reduction of income or substantial increase of expenses due to COVID-19. Calls are generally limited to 10 minutes per person. This ordinance sets the maximum annual rent increase based on the annual CPI increase and handles rent adjustments for claims of decreases in … RAP has no jurisdiction to decide issues of possession in the event of an unlawful detainer (eviction lawsuit). The Fair Chance Housing Ordinance is a new law in Oakland that affects tenant selection and criminal background checks. OAKLAND — An updated Oakland ordinance will give renters more rights, in efforts to stop “harassing” behavior of landlords who may try to get rid of their tenants for higher rents. This ordinance sets the maximum annual rent increase based on the annual CPI increase and handles rent adjustments for claims of decreases in housing services and handles other rent-related matters. The Ordinance is split into the following articles, or sections, all of … *Due to the Shelter-in-Place Order issued on March 16, 2020, all in-person counseling and form drop-offs have been canceled. Michigan Management and Property Maintenance has you covered for rental ordinances and inspection requirements in Southeast Michigan. For tenant forms, click here. What is my landlord required to do before approaching me about a … We also offer an online portal where you can submit your petitions and all petition-related forms online. *Please note: The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088) protects qualifying tenants from eviction for non-payment of rent until February 2021. The Ordinance is split into the following articles, or sections, all of which may be important for a RAP petition: Residential Rent Adjustment Ordinance – effective August 1, 2014Residential Rent Adjustment Ordinance – effective January 17, 2007Previous Ordinance – effective from October 2003 – December 2006Previous Ordinance – effective from July 2002 – September 2003Previous Ordinance – effective from August 2000 – June 2002, Rent Adjustment Program Regulations: Appendix A – effective January 9, 2015Rent Adjustment Program Regulations – effective August 1, 2014Rent Adjustment Regulations – effective November 18, 2011Rent Adjustment Regulations – effective January 17, 2007, Current Ordinance for the Rent Adjustment Program, Current Regulations for the Rent Adjustment Program, Current Regulations for the Rent Adjustment Program Appendix A, Read the Oakland Rent Adjustment Program Ordinance, Rent Adjustment Program Regulations: Appendix A, Políticas de derechos civiles y Procedimientos. Please use the link below to add your name and email to our list for future updates. The lost rental value is calculated as the fair market monthly rental value of the lost unit less the actual rent paid by the tenant when evicted times the number of years the tenant expected to stay in the unit. However, tenants living in units not covered by Oakland’s Emergency Eviction Moratorium, i.e. Every hotel, motel, lodge and B&B operator is responsible for collecting and remitting TOT to the Tax Administrator. 13468 C. The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. If you have lived in a residential hotel or SRO (single resident occupancy) in San Francisco for 32 continuous days, you likewise have tenant status under the San Francisco Rent Ordinance, including rent control and the just cause eviction requirement. CITY OF OAKLAND P.O. Address: 250 Frank H. Ogawa Plaza, Suite 5313. In November, 2014, the Oakland City Council adopted the Tenant Protection Ordinance or“TPO” (O.M.C. General forms can be found on our website. Contact a RAP Housing Counselor: rap@oaklandca.gov. You can also email us at rap@oaklandca.gov. On Tuesday, January 21, 2020, Oakland became the first California city to prohibit landlords from asking prospective Oakland tenants about their conviction history by banning the box requesting an applicant’s criminal history on initial rental applications or during the applicant process. Units newly constructed after January 1, 1983 and received a certificate of occupancy on or after January 1, 1983.

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