Important COVID-19 Information

On May 2, 2023, the Oakland City Council passed legislation to end the COVID-19 Eviction Moratorium as well as to add new permanent tenant eviction protections.

The City Council had adopted the Eviction Moratorium in response to the COVID-19 pandemic in March of 2020. That moratorium protected tenants covered by the Rent Adjustment Ordinance (RAO) and the Just Cause Ordinance (JCO) in three ways:

First, BY Prohibiting any eviction except on health and safety grounds or Ellis Act grounds. The Ellis Act is a state law that allows property owners to terminate tenancies in order to permanently remove their residential units from the rental market (Eviction Moratorium);

Second, BY Prohibiting any late fees for non-payment of rent (Late Fee Moratorium); and

Third, BY Prohibiting any rent increases above for the annual Consumer Price Index (CPI) adjustment or any RAP petition approved increase except for those based on Fair Return grounds (Rent Increase Moratorium.)

What changed and is now law as of May 2, 2023:

First, the Eviction Moratorium and the Late Fee Moratorium ended on July 14, 2023.

Property owners of units covered under the Just Cause for Eviction Ordinance can now terminate tenancies based on any of the just causes listed in the Ordinance.

ALSO, Property owners can now charge late fees.

Note: Under the Tenant Protection Ordinance (MuniCode Section 8.22.640.H), late fees may not be imposed except if provided for in a written rental agreement. However, late payment fees cannot exceed a total of three percent (3%) of the monthly rent for each payment of rent and may only be applied for rent which is five (5) or more days overdue. This late restriction only applies if the applicable written rental agreement was entered into or renewed on or after April 16, 2020.

Second, the Rent Increase Moratorium ended on June 30, 2024.

• Under the Rent Increase Moratorium, annual rent increases for units covered under the Rent Adjustment Ordinance were capped at the CPI, with no pass-throughs (petition-approved rent increases, such as for capital improvements) or banking. After June 30, 2024, property owners of these rental units can collect on any RAP-approved increase as well as banked increases (within the Ordinance restrictions.)

Other Just Cause Ordinance Changes Effective May 2, 2023:

• Tenants cannot be evicted for non-payment of rent that accrued between March 9, 2020 and July 14, 2023 if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic. Property owners can pursue collection of this rental debt in small claims or civil court.
• For evictions based on a violation of the lease, the property owner must show that the breach is based on a reasonable term that the tenant accepted in writing.
• Tenants cannot be evicted for owing less than 1 month of the fair market rent (‘FMR’) for the unit size as determined by the Department of Housing and Urban Development.
• Occupancy limitations are determined by the maximum number permitted in the unit under state law and/or local codes such as the Building, Fire, Housing and Planning Codes. The previous occupancy standards of two persons in a studio unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit, or eight persons in a four-bedroom unit was eliminated.

Banking is any CPI-based rent increase that the owner delays, which can be imposed at a later date. Owners may bank up to ten (10) years of rent increases. However, no annual rent increase can exceed three times (3X) the current CPI. Banked CPI increases are allowed without RAP approval (i.e., petition).

Property owners of units covered under the Rent Adjustment Ordinance cannot increase rents if the unit is not registered with the RAP. All rent increase notices for units covered under the Rent Adjustment Ordinance must include a copy of the Notice to Tenants of the Rent Adjustment Program (“RAP Notice.”)

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.

Read the full text of the City of Oakland’s Emergency Moratorium as amended by City Council on May 2, 2023 here and the Rent Board's implementing Regulations here. 

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.

• 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
• Housing Resources for Tenants and Property Owners during COVID-19  
• Tenant Repayment Negotiation Information Sheet

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. These resources below advise Oakland property owners and tenants on their legal rights and responsibilities under state and local ordinances.

*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 Act will not significantly affect the Oakland Emergency Eviction Moratorium. Oakland’s Eviction Moratorium will continue to protect most Oakland renters from eviction during the COVID-19 emergency. However, tenants living in units not covered by Oakland’s Emergency Eviction Moratorium, i.e. units that do not fall under the Oakland Just Cause for Eviction Ordinance, will have additional protections under AB 3088. Contact a RAP Housing Counselor at (510) 238-3721 or rap@oaklandca.gov for more information.

• Fact Sheet on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 from Governor Newsom’s Office

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):

• 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
• 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)?

• 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
• Do you need help paying your mortgage? Click here for more information

• Need help paying your rent? Click here for more information.

LEASE BREAKING

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. RAP staff members are available to assist members of the public Monday-Thursday from 9:30am to 4:30pm via live phone.

NEED MORE INFORMATION OR HELP?

Since March 2020, we have moved our services from in-person to online. Rent Adjustment Program staff members are available to members of the public by phone and email. Housing Counselors are taking calls Monday to Thursday from 9:30am to 4:30pm at (510) 238-3721. You can also email us at rap@oaklandca.gov. We will also provide translation services for non-English speaking visitors including and not limited to Spanish, Chinese, Vietnamese, and other languages.

**Please note: The Rent Adjustment Program will not provide legal advice. All information provided is solely advisory and does not constitute legal advice. RAP has no jurisdiction to decide issues of possession in the event of an unlawful detainer (eviction lawsuit). Those issues will be ultimately decided in a court of law.

WHERE CAN I RECEIVE LEGAL ASSISTANCE?

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.

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.

* Please check the organizations’ websites to confirm operating hours during the local State of Emergency.

The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. 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 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.

By Phone

Phone: (510) 238-3721, Monday through Thursday, 9:30 am to 4:30 pm

Select Option 1 to speak to a Housing Counselor for any RAP or housing-related questions you might have. Topics can be, but are not limited to, tenant and property owner issues and concerns, Oakland rental housing laws, or how to file petitions or responses with RAP. Calls are generally limited to 10 minutes per person. 

Select Option 2 to speak to a Rent Registration Unit staff member for any registration-related questions that you may have. Note: The Rent Registration Unit does not provide any housing counseling. 

Per City policy, please allow us 72 hours to respond to your inquiry.

By Email 

If you would prefer an email response, you can email us. The RAP strives to return all emails within a seventy-two-hour timeframe.

Contact a RAP Housing Counselor at RAP@oaklandca.gov. Please include in your email your full name, your telephone number, your rental unit address, and a brief description of the issue regarding which you are calling. Housing Counselors answer non-registration-related inquiries only. 

Rent Registration Unit: If you have questions about the registration process, please contact the Rent Registration Unit staff at RentRegistry@oaklandca.gov. Note: Live Counseling Sessions [link to announcement w/ scheduled dates/times] on how to register your units on the rent registry portal are offered via Zoom. Rent Registration Unit staff only answers registration-related inquiries. Note: The Rent Registration Unit staff does not provide housing counseling. 

Hearings Unit: If you have issues or questions relating to your pending case, you must contact your Case Analyst directly. If you do not know who your Case Analyst is, you can email HearingsUnit@oaklandca.gov to find that information, or you can look up your case information here.

Petition and Response Review/Filing: You have the option to schedule an appointment for review of your petition or response before filing. To schedule an appointment for review, email RAP@oaklandca.gov. If you do not want your petition or response reviewed and are ready to file, please submit your petition or response to HearingsUnit@oaklandca.gov.

Eviction Notices: To file eviction notices online, click here. Eviction notices may also be scanned and submitted via email to EvictionNotices@oaklandca.gov. If you like a stamped copy of your eviction notice, you must mail us two copies of the eviction notice and included a self-addressed, stamped envelope. We do not provide confirmation of receipt for online or email submissions of eviction notices. 

By Mail

Address: 250 Frank H. Ogawa Plaza, Suite 5313, Oakland, CA 94612

Due to the Shelter-in-Place Order, we are no longer accepting in-person petition and related materials. All new petitions and petition-related documents can be submitted by mail to the address above. 

Ellis Act Cases

All documents for Ellis Act cases must be mailed to 250 Frank Ogawa Plaza, Suite 5313, Oakland, CA 94612. For more information on Ellis Act cases, click here.

Online Petition Filing

We also offer an online portal where you can fill out and submit your petitions and all petition-related forms online. Click here to access the portal.

Request a Form

General forms can be found on our website. For property owner forms, click here. For tenant forms, click here. If you cannot find the RAP form that you are looking for, you can email the Rent Adjustment Program at RAP@oaklandca.gov to obtain it.

Request a Document/Public Records Request (PRR)

To request documents related to a case, you can make a Public Records Request (PRR) here. Please note that all PRRs are public information. You can look up certain information related to cases through the RAP database.

Join the Email List

If you would like to receive emails about upcoming events or updates from the Rent Adjustment Program, please sign up! Please use the link below to add your name and email to our list for future updates.

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