This new law significantly changes the way landlords can approach and buy out tenants residing in their rental units. The Code Compliance Relocation Program, Section 15.60 of the Oakland Municipal Code, requires property owners to pay relocation benefits to residential tenants who are required to move, either permanently or temporarily, because their rental unit is not up to code. Oakland → Resources → Read the Tenant Move Out Agreement Ordinance Read the Tenant Move Out Agreement Ordinance This ordinance define the requirements for owners if they wish to offer a tenant compensation to vacate their rental unit. A. The majority of Oakland's residents are renters, many of whom live in rent- controlled units or units covered by Oakland’s Just Cause for Eviction Ordinance. Amounts above effective July 1, 2020 – June 30, 2021. On January 16, 2018, the City Council adopted an ordinance (Ordinance No. What the recently passed Tenant Move-Out Agreement Ordinance means to Oakland Landlords Oakland landlords who are contemplating buying-out a tenant have a short window of opportunity to engage in more open discussions before new rules go into effect on May 1, 2018. Oakland’s Just Cause for Eviction Ordinance allows an owner to evict a tenant only for “just cause”, meaning the landlord needs a legally recognized cause to evict, based on one of the enumerated grounds in the Ordinance. The Ordinance is similar to laws in San Francisco and Berkeley. The following households qualify for an additional $2,500 in relocation benefits: Temporary Relocation (the move is less than 60 days): An eligible tenant may recover their actual and reasonable moving expenses and the cost of temporary housing incurred as a result of displacement. MunicodeNEXT, the industry's leading search application with over 3,300 codes and growing! an ordinance to enact the uniform residential tenant relocation ordinance to (1) establish an uniform schedule of relocation payments; (2) to extend relocation payments to tenants displaced by owner move-in evictions; (3) to extend relocation payments to tenants displaced … The City may require the tenant to vacate on shortened notice if the conditions of the property pose an immediate threat to health or safety. The effect of the ordinance is to extend relocation payments to all no-fault evictions – there were existing laws on the book that mandated relocation payments for only Ellis Act and code compliance evictions. (1) Covered No-Fault Eviction Notice. The Uniform Relocation Ordinance requires owners to provides tenants displaced by code compliance activities, owner or relative move-ins, Ellis Act, and condominium conversions with relocation payments. 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) … 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. If the City is requiring the tenant to vacate with less than ten days’ advance notice because the conditions of the rental unit represent an immediate threat to health and safety, the owner must make the payment no later than the actual time of move-out. Oakland’s City Council on Tuesday unanimously voted to require large grocery stores to add $5 an hour onto the pay of workers. A new Oakland ordinance requires relocation payments of thousands of dollars to renters evicted by landlords who are moving … Under the Oakland Just Cause for Eviction Ordinance, all notices of termination must include (1) a statement setting forth the basis for the eviction; (2) a statement that “advice regarding the notice terminating tenancy is available from the Rent Board”; and (3) other specific requirements for owner move-in eviction and … If a tenant in Berkeley needs to temporarily vacate a residential rental property in order for repairs to be completed to bring the property into compliance with applicable building and housing codes, the Berkeley Relocation Ordinance would apply. Making sense of Oakland’s Tenant Move-Out Agreement Ordinance By Bornstein Law May 25, 2018 As its name implies, a tenant buy-out agreement (or in Oakland’s vernacular, a move-out agreement) is an arrangement whereby the tenant voluntarily vacates the rental unit, in exchange for compensation. Except for temporary code compliance displacements, which requires the payment of actual temporary housing expenses, the payment amount depends on the size of the unit and adjusts for inflation annually on July 1st. This Ordinance shall be known as the "Tenant Move Out Agreement Ordinance." In addition, owners may not require the tenants to vacate until the required relocation payment is made. The measure is one of many designed to make Oakland’s rent stabilization more closely mirror the policies of its sister rent … An owner who is requiring a tenant to vacate must comply with all applicable state and local laws regarding evictions. for the purpose of adding limitations on a landlord's right to evict, but the City Council may not modify any exemption from the ordinance from which this section is derived contained in … The purpose of this program is to foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance … Permanent Relocation* (the move is for 60 days or longer): * Relocation benefit amount adjusted annually for inflation on July 1st. The base payment amounts until June 30, 2020 are: Tenant households in rental units that include lower income, elderly or disabled tenants, and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the owner. The City of Berkeley Relocation Ordinance. Permanent Relocation: The owner must make the payment directly to an eligible tenant at least 10 days before the tenant’s expected move date. The displaced tenant must keep the owner informed of their current address while they are displaced, and must notify the owner of their intention to move back within seven days of receiving notice of the unit’s availability. Whether physical or verbal, all landlord harassment has the same goal—to force the tenant to move out. "Oakland Building Maintenance Code" means that code codified at Chapter 15.08 of the Oakland Municipal Code, regulating maintenance, sanitation, ventilation, light, location, use or occupancy of residential buildings, as well as any amendments to or successor laws of such ordinance. The Oakland City Council has passed the Tenant Move Out Agreement Ordinance (“Ordinance”.) The Ordinance makes changes to all existing relocation laws in Oakland. M.S.) FAQ Tenant Relocation Rights when Owner Moves Into Rental Property, Políticas de derechos civiles y Procedimientos, $11,103.10 per three or more bedroom unit. 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. These reasons include: The tenant has failed to timely pay their rent. Oakland’s Code Enforcement Relocation Ordinance (Oakland Municipal Code Chapter 15.60) requires landlords to pay qualified tenants who are forced to move because of the City’s enforcement of housing or building codes. oakland city council ~ 1 3 4 6 8 ordinance no. Any residential tenant who is displaced due to actions taken to address violations of City of Oakland building codes may be eligible for relocation benefits from the property owner. Code Compliance Relocation Brochure Vietnamese. Code § … Be careful because existing relocation laws appear throughout the Oakland Municipal Code. B. C. The City of Oakland is dedicated to pursuing policies that protect its most Uniform Relocation Ordinance On January 16, 2018, the City of Oakland passed the Uniform Relocation Ordinance to establish an uniform schedule of relocation payments which are now extended to tenants evicted when the owner or qualifying relative moves in. Please contact the HOUSING RESOURCE CENTER, Code Compliance Relocation Program Brochure (English), Code Compliance Relocation Program Brochure (Spanish), Code Compliance Relocation Program Brochure (Chinese), Políticas de derechos civiles y Procedimientos. Passed by Oakland’s City Council on January 16, the Uniform Relocation Ordinance creates a schedule of relocation payments that will increase every year based on Consumer Price Index fluctuations. SAN FRANCISCO (CN) — Three Ninth Circuit judges heard arguments Thursday over the constitutionality of an Oakland ordinance requiring landlords to pay relocation costs for tenants displaced by … Oakland Just Cause for Eviction Ordinance (including Relocation Payments for No-Fault Evictions, and Ellis Act information) Oakland Tenant Protection Ordinance; California Tenant Protection Act of 2019. The City Council is authorized to modify the Just Cause for Eviction Ordinance (Measure EE, O.M.C., Chapter 8, Article II (8.22.300 et seq.)) The effect of the ordinance is to extend relocation payments to all no-fault evictions – there were existing laws on the book that mandated relocation payments for only Ellis Act and code compliance evictions. The Code Enforcement Relocation Ordinance, codified in Chapter 15.60 of the Oakland Municipal Code, requires a property owner to pay relocation benefits to a residential tenant who must move because of the City’s enforcement of … For purposes of this section 37.9C, a Covered No-Fault Eviction Notice shall mean a … The Code Compliance Relocation Program, Section 15.60 of the Oakland Municipal Code, requires property owners to pay relocation benefits to residential tenants who are required to move, either permanently or temporarily, because their rental unit is not up to code. 13468 C. A tenant may be eligible for relocation benefits if the City has declared the rental unit unsafe for human habitation or if the landlord is seeking to make repairs necessary to bring the rental unit up to code that cannot be made while the unit is occupied. As a rule, any rental unit that isn't covered by Oakland's Just Cause ordinance is exempted from the new relocation assistance law. Temporary Relocation: The owner must make payment within five days after the tenant has submitted reasonable documentation to the owner of their actual or anticipated moving and temporary housing expenses. California state law and local city ordinances protect tenants against harassment. The City’s Relocation Ordinance is … [Added by Proposition H, effective December 22, 2006; annotated section 37.9C(a)(1) to reference California Civil Code Section 1947.9, which went into effect on January 1, 2013] (a) Definitions. The Oakland City Council has voted unanimously to approve a uniform relocation ordinance which extends relocation payments to tenants who are displaced for owner or relative move-ins. Eligible tenants are entitled to a relocation payment from the owner in the sum of $6,500 per unit for studios and one-bedroom apartments; $8,000 per unit for two-bedroom apartments; and $9,875 per … If the city is requiring the tenant to move with less than 30 days’ notice due to health and safety issues, the tenant is entitled to an additional $500 payment from owner. The San Jose City Council on Tuesday weighed a similar measure. In addition to these payments, a displaced tenant has the option of moving back into the unit or a comparable unit in the same building when the unit is ready for re-occupancy. On January 16, 2018, the City of Oakland passed the Uniform Relocation Ordinance to establish an uniform schedule of relocation payments which are now extended to tenants evicted when the owner or qualifying relative moves in. Oakland, Cal., Mun. If the City is requiring the tenant to vacate for health and safety reasons and the owner refuses to make the required payment, the City may choose to make the payment to the displaced tenant and then place a lien on the property to recover the costs. Oakland landlords lose courtroom battle, after paying $6,500 to move back into their house Judge dismisses lawsuit challenging Oakland’s relocation payment ordinance The Oakland Rent Ordinance’s prohibition against landlord harassment is similar to San Francisco’s ordinance. The owner must notify a displaced tenant, by certified mail, at least 30 days in advance of the availability of the unit. Summary of New Law with Reference to OMC Sections: 8.22.820 - Provides for the amount of relocation … The measure is one of many designed to make Oakland’s rent stabilization more closely mirror the … c.m.s.