Oakland Tenant Lawyers

The Oakland City Council adopted the Rent Adjustment Program (RAP) Ordinance (OMC Chapter 8.22) in 1980. 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. 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. If you have questions or concerns about a rent increase or the timing of a rent increase, please call an Oakland tenant attorney.

What units are covered by the Oakland Buyout Ordinance? The Oakland Buyout Ordinance applies to all residential rental units in Oakland, except publicly owned or operated rentals.

What is my landlord required to do before approaching me about a buyout? The Oakland Buyout Ordinance requires landlords to provide each tenant in a rental unit with a City approved form informing each tenant that, in part: (i) the tenant can refuse to participate buyout negotiations; (ii) the landlord cannot retaliate against a tenant for refusing to participate in buyout negotiations; (iii) following a tenant’s refusal to engage in buyout negotiations, repeated attempts to start buyout negotiations constitute harassment; (v) the tenant has twenty-five days to rescind a buyout, but can agree to a shorter period of not less than fifteen days; (vi) the tenant may be eligible for relocation payments; (vii) an owner who violates the Oakland Buyout Ordinance may face penalties if the tenant is elderly, disabled, or catastrophically ill.

All residential rental units in Oakland are covered by the Oakland Just Cause for Eviction Ordinance, with the following exceptions:

• Rental units in any hospital, skilled nursing facility, or health facility;
• Rental units in a nonprofit facility that has the primary purpose of providing short-term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception;
• Rental units in a nonprofit facility which provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception