Hearings, Mediations, and Appeals

Please note that rent increases based on the Consumer Price Index (CPI) are allowed and do not require a petition. Rent increases based on banking also are allowed. Banking includes any CPI-based rent increase that the property owner delays, which can be imposed at a later date.

Property owners who want to increase rent more than the CPI increase must submit a petition.

If you file online, you will receive an email confirmation. If you file by paper, you will receive a letter confirming receipt of your petition. Instructions on how to submit your petition electronically and on paper are listed in the Contact Us Section below.

Read the Rent Adjustment Ordinance.

After the property owner or tenant submits a petition, they can:

**Due to the Covid-19 pandemic and the Shelter-in-Place order, all in-person services have been cancelled. Please scroll down to the Contact Us Section to find out the best way to get in touch with us for form requests, information, and other resources.

• Access case information or add new information through the online portal if they have an account.
• Contact the Program Analyst assigned to their case to address any questions and concerns.
• Come to drop-in office hours in the Housing Resource Center on the 6th floor. There are NO drop-in hours on Fridays. (**CANCELLED DUE TO COVID-19)
• Review a case file online or in-person by appointment. (Please be advised that not all documentation is available online. Documents submitted in physical form will only be available by appointment in the Rent Adjustment Program office.) (**CANCELLED DUE TO COVID-19)
• City staff will notify the property owner about the tenant’s complain or the tenant about the property owner’s petition.
• The notice will include a copy of the original petition.
• Property owners and tenants must file a response within 35 calendar days after the petition was mailed to you by the petitioner (30 days if delivered in-person).
• Tenants can pay the old rent if they file an eligible petition, unless the rent increase notice specifies the current allowable CPI plus the current allowable CPI increase.
• The property owner or tenant who filed the complaint will receive a copy of the response by mail.
• Property owners and tenants must submit any supporting documents no later than seven (7) calendar days before the scheduled hearing date.

There are multiple ways that RAP will make a decision about the petition. Mediations and formal hearings are addressed below along with the appeal process.

RAP offers free mediation services to both tenants and property owners when they have disputes. This is a confidential and voluntary process. Mediation aims to help both parties to reach an agreement without a hearing. Often, this process resolves disputes more effectively rather than a formal hearing.

We offer two types of mediation services:

1.) If you do not wish to file a petition and simply request mediation services, you may complete the request for mediation form and email it to hearingsunit@oaklandca.gov.

2.) If a petition is filed, both parties must request mediation in order to schedule the meeting. The filer of the petition can also request mediation when initiating the petition process. The form must be emailed to hearingsunit@oaklandca.gov along with all other petition-related documents.

If the parties cannot agree in mediation, the case will go to a formal hearing before a Hearing Officer.

• Rent Adjustment Program Mediation Flyer (English)
• Rent Adjustment Program Mediation Flyer (Spanish)
• Rent Adjustment Program Mediation Flyer (Chinese)

**Please note: Due to the COVID-19 pandemic, all hearings will be held electronically. RAP staff will be in contact with you via email to schedule hearings amongst other items.

Hearings are held in person and are presided over by an impartial RAP Hearing Officer at the Rent Adjustment Office. At the hearing, the parties can represent themselves or have a representative. A representative does not have to be an attorney. The parties may bring witnesses and documentary evidence to a hearing. All documents (including photographs and digital evidence) need to be produced to the RAP office seven (7) calendar days prior to the Hearing.

After everyone is signed into the hearing, the Hearing Officer will review the rules and process of the hearing and perform a roll call of everyone in attendance. Both parties will have time to present documents and arguments to the Hearing Officer. After each side presents, the other party will be able to ask them questions. When both parties finish presenting their side, each party will give a closing statement before the hearing ends. Please note that the Hearing Officer does not make a decision at the hearing.

After the hearing, the Hearing Officer will review the case and the evidence presented. The Hearing Officer will issue a Hearing Decision setting forth the allowable rent or new allowances and RAP will mail the decision to all parties.

All parties must follow the decision unless they decide to appeal.

Upon receiving a Hearing Decision, either the property owner or the tenant may appeal the decision if they are not satisfied with the Hearing Officer’s decision. The Appeal Form must be received within twenty (20) calendar days from the Proof of Service date noted on the last page of the Hearing Decision.* If the Rent Adjustment Office is closed on the last day to file, the appeal may be filed on the next business day. If the appeal is late, you must also submit an explanation with your Appeal Form. City Staff will decide whether to accept a late appeal or not.

When you file your appeal with RAP, you must also deliver a copy of it with any attachments to all other parties along with a Proof of Service form.

You may refer to the Appeals Decision Index for case precedents.

Filing an appeal suspends the judgment of the initial hearing decision. Once the appeal is submitted, the assigned Hearing Officer, Program Analyst, and RAP Manager will review the appeal. Staff will only consider the information contained in the appeal and the records from the original hearing. If there is a clerical error, the Hearing Officer will issue a corrected decision. If a corrected decision is issued, the 20-day appeal period begins again.

If a corrected decision is not issued, an appeal hearing will be scheduled with the Housing Residential Rent and Relocation Board (the Board). All parties will receive notice of the scheduled hearing.** During the hearing, the Board will listen to the arguments of the parties. The Board will deliberate, vote and announce the decision at the meeting. Staff will draft a written appeal decision to present to the Board at its next meeting for approval. The appeal decision by the Hearing Officer will then become the final decision of the Rent Adjustment Program. The Board’s written decision is the final decision by the City of Oakland. Parties cannot appeal to the City Council. However, within 90 days they may seek judicial review of the decision with the Superior Court.

*Please note that the Appeal Form must be completed and the explanation for filing the appeal must not exceed twenty-five (25) pages. We will not process incomplete appeals.

**Please note that if you filed the appeal and do not appear at the scheduled hearing, the Board will dismiss your case.

If you are unable to attend the date of your hearing, appeal, or mediation meeting and need to reschedule, you must request to reschedule as soon as possible. You must complete the Request to Change Date of Proceeding and email it to the Hearings Unit at hearingsunit@oaklandca.gov.

Documentation verifying the reason for the request must be attached to this form. A postponement may only be granted for good cause shown and in the interests of justice. The agreement of the parties to a postponement is not good cause by itself. Only one postponement may be granted to a party unless the party shows extraordinary circumstances. The maximum postponement granted is usually 20 days. Before submitting this request, you must try to reach an agreement with the other party(ies) for a new date for the proceeding. If you provide two alternate hearing dates, the hearing will be set on one of the agreed dates, if the date is available on the hearing calendar. If it is not available, another date will be chosen.

The party who initiated the petition may dismiss their petition at any time. They must complete the Request to Dismiss Petition with the case number on it and email it to the hearingsunit@oaklandca.gov as soon as possible.