Menu and widgets 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. Intimidate or threaten to report the tenant to U.S. Immigration and Customs Enforcement (ICE). of allowable rent increases and apply the total increase in a single year. Units covered by the TPA (and not already covered by RAP) can have the rent increased twice per 12-month period, but the total amount of increase cannot exceed the maximum. We hold free tenant know your rights workshops (in English & Spanish) at our office and in the community; and also have a trained volunteer-run tenant rights hotline in Oakland. This page provides information and resources about the following renter protection programs: Effective January 1, 2020 ​the California Tenant Protection Act of 2019 (AB 1482, Chiu) is California's first statewide rent cap and Just Cause for Eviction la, Oakland's existing Rent Adjustment Program (RAP) and Just Cause for Eviction Ordinance still apply (see details below). Remove a housing service for the purpose of causing the Tenant to vacate the rental unit. Notices can be found in the Additional Documents pages. Tenant’s Rights Program attorneys are available to provide Know Your Rights trainings to groups, including residents of entire buildings. They can also answer questions about evictions, housing conditions, housing … Read More Oakland, CA – BayLegal’s housing preservation work opens an exciting new chapter this spring with the launch of our Alameda County Tenant’s Rights Line. Hotline To contact the hotline, call 510.TENANTS / (510) 836-2687 and leave a message with questions or details about your situation and a volunteer will get back to you. See reviews, photos, directions, phone numbers and more for the best Landlord & Tenant Attorneys in Downtown, Oakland, CA. 8.22.300). These circumstances include any of the following: ot all types of capital improvements or expenses are eligible, If your rent has not been raised in recent years, your landlord can. Please contact tenant Attorney in Oakland Broderick Brown. The owner wants to perform substantial upgrades to the unit which cannot be completed with the tenant living there. Text of the Tenant Protection Act of 2019 (AB 1482), eviction protection law (O.M.C. The topic of tenant guests might not seem like a big deal for tenants (unless their guests are for some reason not welcome). File a Tenant Petition. In addition to the stipulated relocation payments, vacated tenants may also collect amounts on deposit, including prepaid last month’s rent, as well as deposits for security damages, and pet deposits. Q: It seems that I’m covered by one or both of the local eviction moratoria, BUT I just received a "Declaration" form and a 15-day pay rent or quit notice from my landlord. Most Oakland tenants are covered by the “Just Cause for Eviction Ordinance” (also known as Measure EE, which was passed by voters in 2002, and was … ​Tenants who experience difficulty with owners concerning their rights under the Just Cause Eviction Ordinance may bring civil action in court on their own, but are advised to first seek assistance from these city-financed services: ​In November, 2014, the Oakland City Council adopted the Tenant Protection Ordinance  or“TPO” (. Offer payments to a Tenant to vacate more than once in six (6) months. Housing Choice Vou chers (Section 8) OHA subsidizes a portion of the rent that the tenant pays to a private landlord. We have successfully represented thousands of tenants and victims of landlord caused injuries. Here is my story of what happened to me at the Oakland CA Rent Board. If the repair takes more than fifteen (15) days, the tenant may file a violation if the owner does not take steps to start addressing the problem. Substantially and directly interfere with a Tenant’s right to quiet use and enjoyment of the rental unit. However, rent increases cannot be banked for more than 10 years. My landlord says I must move out because they want to remove my unit (or the building) from the rental market. A: Whatever you do, don’t panic! You also cannot have your rent raised beyond 2.7% (the Consumer Price Index, or “CPI”) if your unit is covered by the Rent Adjustment Ordinance. OTU cannot advise tenants whether or not they should sign the Declaration, however, Oakland and Alameda County tenants who choose not to sign or follow other requirements of state law are still protected from eviction. However, the Tenant Protection Act will cover some units that are. A comprehensive handbook & updated legal information for Oakland tenants. The tenant may also file if the owner does not follow through to complete the repairs with reasonable diligence. In response to these very real concerns, eviction moratoriums for non-payment of rent have been enacted by the City of Oakland, Alameda County, the State of California, and the Federal Centers for Disease Control (CDC). Find a Oakland Tenant Rights Attorney in your area . Neither tenant's duty to provide notice nor the deadline for repaying back-due rent is specified. Before a Tenant may file a violation of the TPO, the Tenant must first notify the Owner of the problem. Oakland is a “Just Cause for Eviction” city. If your landlord takes away a service or amenity you currently have (like laundry or patio access) or increases your share of utility costs, the owner has removed the building from the rental market under the permitted procedures of the “. The East Bay Rental Housing Association (EBRHA) is a full-service nonprofit organization dedicated to promoting fair, safe, and well-maintained residential rental housing that is compliant with local ordinances and state/federal laws. the owner initiates major repairs or remodeling that cannot be done unless the unit is vacant. of the rent increase amount. Additionally, ECHO has trained mediators to assist in resolving housing disputes through conciliation and mediation. Under the Oakland Just Cause for Eviction Ordinance, a tenant is entitled to a one-on-one replacement of a roommate. YOUR RIGHTS AS A SECTION 8 TENANT All California State and Oakland City tenant law applies to Section 8 units. California Tenant Rights During the COVID-19 Pandemic In a matter of weeks, the COVID-19 pandemic has upended the lives of people throughout the world. You cannot be charged late fees. This means that landlords cannot evict a tenant in good standing unless the owner can prove a violation of one of the eleven (11) “just causes” spelled out in the City’s eviction protection law (O.M.C. In the midst of the ongoing Coronavirus pandemic (COVID-19), many people are sick; many are out of work or on reduced pay; companies have closed or eliminated hours; unemployment subsidies have run out; the stimulus checks have long been spent; and countless people are struggling just to survive or are moving because they anticipate eviction due to their temporary inability to pay rent. Know your rights when you are renting a home, attend housing workshops, learn how to use housing vouchers. In this case, the owner must provide a reasonable time period for completion. A landlord can raise the rent by more than the allowable CPI increase under certain circumstances but, never by more than 10 percent in any year. OTU's core values are to protect and expand tenant rights and interests. A landlord cannot “unreasonably” withhold the right to replace a roommate, provided that the remaining tenant makes a written request. The tenant will not let the owner into the apartment, even with a 24 hours’ written notice. This means that you can follow much of the advice in this booklet. California Tenant Protection Act of 2019 (effective January 1, 2020), Oakland Just Cause for Eviction Ordinance (including Relocation Payments for No-Fault Evictions, and Ellis Act information), Does not apply to a duplex where the owner lives on site in the other unit (including "ADUs" aka "in-law units"), Does not apply in student dormitories, deed-restricted affordable housing, hotels, or senior or residential care facilities, In Oakland, the CPI for July 1, 2020 to June 30, 2021 is 2.7% so. Tenants of residential units can ONLY be evicted for the following eleven reasons: (source) For landlords, however, it’s one of the major pain points and a source of potential risks.From a tenant’s perspective, guests are all those who come for a short period of time and are expected to leave soon. Tenants who possess a Section 8 Voucher are able to locate a unit of their choice in a neighborhood of their choice, and are also allowed to move out of the city or state and continue using their Voucher after one year of continuous residence in Oakland (portability). The owner can notify the tenant that the repairs will take more than fifteen (15) days. Oakland tenants have many of the same tenant’s rights as tenants living in San Francisco. 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. Housing attorneys will offer a know-your-rights training on the Topic of the Month (below). The tenant may also file if the owner does not follow through to complete the repairs with reasonable diligence. ECHO's Tenant/Landlord Counseling Program provides information to tenants and landlords on their housing rights and responsibilities. The TPO is meant to deter harassment by property owners. If the repair takes more than fifteen (15) days, the tenant may file if the owner does not take steps to start addressing the problem. Under certain circumstances rent can be raised by more than the allowable increase (see below). the building or unit was “red-tagged” by City Building or Fire officials and is required to be vacated. Interfere with a Tenant’s right to privacy. Notice of Tenant Protection Ordinance Information Sheet, Aviso de Ordenanza sobre la Protección de Inquilinos/Notice of Tenant Protection Ordinance Information Sheet (Spanish), 租戶保護條例通知/Notice of Tenant Protection Ordinance Information Sheet (Chinese), Políticas de derechos civiles y Procedimientos. In this case, the owner must provide a reasonable time period for completion. Proceedings to recover possession of premises and/or obtain a money judgment. The City will then apply available legal means to mandate reimbursement from the owner. Attempt to coerce a Tenant to vacate with offer(s) of payments to vacate in addition to threats or intimidation. Oakland . In these cases you may be subject to an "at fault" eviction without relocation assistance. The tenant must allow fifteen (15) days for the owner to correct the problem. The Oakland eviction moratorium provides the strongest protections for Oakland tenants with Just Cause for Eviction coverage. Threaten the tenant, by word or gesture, with physical harm. States have laws regulating the business relationship between tenants and landlords and establishing their obligations to each other. Before a Tenant may file a violation of the TPO, the Tenant must first notify the Owner of the problem. Tobener Ravenscroft LLP is dedicated to protecting tenant & renter rights in San Jose, Oakland, San Francisco & surrounding Bay Area cities. Find out about meetings, request City services through OAK 311, or contact the Mayor and City Council. Oakland now has some of the strongest rent control and eviction control laws in the country. The owner or their immediate family member is moving in to your unit, The entire building is being taken off the rental market under the Ellis Act, The building is being demolished or substantially rehabilitated (meaning a full gut and rehab job, not minor repairs), See the allowable increase for past years. Commit repeated acts to substantially interfere with or disturb the comfort, repose, peace or quiet of any tenant. The owner can notify the tenant that the repairs will take more than fifteen (15) days. Request information that violates a Tenant’s right to privacy. I can’t pay my rent; what do I do? Chapter 15.60 with the Real Estate officer to be paid instead by the city. The landlord cannot discriminate, and must ensure the property is safe and meets health and environmental standards. Landlords have rights too, including the right to collect rent and the right to be reimbursed for … rent cannot be increased without an official “RAP Notice”. East Bay Community Law Center: (510) 548-4040, ext. the owner can conduct an Ellis Act eviction. Neither the City nor the County's eviction moratoria require you to sign this Declaration. 8.22.300). The TPO defines harassment as the owner doing one of the following in bad faith: The TPO requires owners to post a notice of the TPO in rental units located in a building with an interior common area. 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 … The tenant has continued to disturb other tenants and neighbors after written notice to stop. if your tenancy is covered by Oakland’s Just Cause for Eviction Ordinance. ​​Oakland is a “Just Cause for Eviction” city. Tenants rights and protections in the City of Oakland are increasingly under threat and undermined by unscrupulous landlords. Refuse to accept or acknowledge receipt of a Tenant’s lawful rent payment. The laws are constantly changing and can be quite complex. rent can only be raised by the annual allowable increase. If your unit is covered, the rent can only be increased by 5% + the area's Consumer Price Index (CPI), or a maximum of 10% (whichever is lower) in any given 12-month period. In this case, the owner must provide a reasonable time period for completion. Under the Oakland Eviction Moratorium, which remains in effect until the Local Emergency is over, you cannot be evicted for almost any reason. Before such an application can be approved, you will receive notification from the City's Rent Program. Landlord tenant attorney who handles cases involving habitability, discrimination, lockout, harassment and retaliation. 629, Legal Assistance for Seniors: (510) 832-3040, Asian Pacific Islander Legal Outreach: (510) 251-2846, Oakland Tenants Union (OTU) Hotline: (510) 704-5276, Causa Justa Just Cause Tenant Hotline: (510) TENANTS (836-2687), Alliance of Californians for Community Empowerment (ACCE): (510) 269-4692, Rent Adjustment Program (RAP)  Provisions, Your unit is covered if your building was. In event that the owner does not or is unable to make the required relocation payments to the tenant, the tenant may file a request under O.M.C. The vast majority of Oakland residents served through the program are extremely low-income. The notice must be placed in at least one such common area in the building using the form prescribed by the City Staff. You are. The Rent Board hears petitions, using a hearing officer, from tenants or landlords, to right claimed wrongs. Protecting Tenants in Oakland, the Bay Area & Surrounding Areas Tenant Law Group is a firm dedicated to protecting the rights of California tenants—particularly those in and around the San Francisco Bay Area, which includes the counties of San Francisco, Alameda, Contra Costa, Marin, Santa Clara, San Mateo, Napa, and Sonoma. The tenant may also file a complaint with the City Attorney who is authorized to bring civil action against owners who violate this Chapter. Recently, Oakland’s Tenant Protection Ordinance (TPO) was expanded to address the growing need to safeguard renter protections. Remove personal property, furnishings, or any other items without the prior written consent of the tenant. Oakland renters that occupy dwellings subject to Measure EE will now be entitled to relocation payments when an owner attempts to recover possession of a tenant-occupied unit for use as their primary place of residence or a relative’s use where the landlord already lives in … The Tenant Protection Ordinance (“TPO”) provides tenants legal recourse if they are harassed by the property owner. This notice should provide justification for any increases above the allowable CPI amount (e.g. Excludes single family home tenants. The tenant has continued to violate a provision of the lease after written notice to stop. The Rent Board is creating regulations, which will be posted November, 2020. The action must be filed at the District Court where the premises are located. Oakland has passed several new laws in recent years making it harder to evict tenants, including a 2018 measure that closed a longstanding loophole … To regain possession of your premises you must serve the tenant with a notice to quit for either: Non-payment of rent (7-day notice) Termination of tenancy (30 … For example, not minimizing exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts. More information on Oakland eviction protections here. These are things like failure to pay rent, or violating the lease in some way. Oakland also has a Rent Adjustment program that covers other types of rental housing. Abuse the Owner’s right of access to the rental unit. The tenant must allow fifteen (15) days for the owner to correct the problem. The owner or family member wish to move into the unit, unless the tenant is over 60 years old, disabled, or catastrophically ill, and has lived in the unit for at least 5 years. Oakland’s Troubling Ban on Tenant Screening February 11, 2020 by Katie Robinson The Oakland City Council voted to approve the Ronald V. Dellums and Simbarashe Sherry Fair Chance Access to Housing Ordinance on January 28, 2020. Threaten to or interrupt, terminate, or fail to provide housing services . The owner wants to remove the unit from the market through the Ellis act. The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice. When: May 21, 2018 @ 11:30 am Where: Towne House Wellness Center, 629 Oakland Ave, Oakland, CA 94611, USA Alameda County residents: Get FREE legal information and advice about your housing rights! The losing side may appeal to the Rent board to correct errors in the hearing officers' decision and ask for a re-hearing. View map. The novel coronavirus has spread rapidly, forcing us to change the way we live, work, and interact with each other. The tenant uses the unit for for something illegal (like selling drugs). Failing to perform due diligence when completing repairs. You Have Rights as a Tenant. OAKLAND — A new ordinance requires Oakland landlords to tell tenants their rights before paying or giving them other compensation to move out. YOU must file a petition with the Oakland Rent Adjustment Program (RAP) within 90 days, you should petition for a decrease in rent to match the, if your rent is increased by more than the allowable amount (usually less than 3% per year). This means that, In situations listed above where eviction or vacation of the unit is required—either temporary or permanent—and where the vacation of the unit is not due to the fault of the tenant, the. In order to stop displacement, we need to make sure all tenants in a building are protected. —detailed in the explainer document below. "capital improvements" or "banking"). Oakland Tenants' Rights Handbook. However, Section 8 tenants do not have Rent Control in Oakland and cannot use the Rental Adjustment Board (though the housing authority does control your rent). The Declaration is required under a state law called AB 3088 and is part of the State-enacted eviction protections. If you have further questions on your rights under the eviction moratoria, contact the OTU helpline or seek free legal help. A: Maybe. This means that you can follow much of the advice in this booklet. , or by more than a total of 30 percent over a 5-year period. Do these eviction moratoria prevent that? The ordinance, approved by the City Council … Section 8.22.300 of the Oakland Municipal Code (Measure EE) states that tenants in Oakland cannot be evicted without just cause. If faced with what you believe is a proposed Ellis Act Eviction, OTU strongly recommends you seek immediate legal assistance (see resources below). However, there are key differences that Oakland tenants need to be aware of. Oakland is a Just Cause City. The owner wants to move back into the unit, if allowed by a written agreement with the tenant or it is allowed by the lease. However, the property owner must first apply and be approved by the City of Oakland. The entire ordinance is here. The TPO provides civil remedies for violations. The official website of the City of Oakland. There is a chance you could be protected from this type of eviction under the Federal CDC Eviction Moratorium. Oakland: Emergency moratorium on most residential evictions except for tenants who pose .."an imminent threat to the health or safety of other occupants," or Ellis evictions. Rent increases also capped at 2.7%.