The owner wants to remove the unit from the market through the Ellis act. You Have Rights as a Tenant. 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. A: Whatever you do, don’t panic! The laws are constantly changing and can be quite complex. The tenant uses the unit for for something illegal (like selling drugs). Commit repeated acts to substantially interfere with or disturb the comfort, repose, peace or quiet of any tenant. The owner wants to perform substantial upgrades to the unit which cannot be completed with the tenant living there. The tenant may also file if the owner does not follow through to complete the repairs with reasonable diligence. 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. Here is my story of what happened to me at the Oakland CA Rent Board. Before a Tenant may file a violation of the TPO, the Tenant must first notify the Owner of the problem. 8.22.300). 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. YOUR RIGHTS AS A SECTION 8 TENANT All California State and Oakland City tenant law applies to Section 8 units. You can only be evicted for one of the 11 reasons specified under state law (see the resources below for more). Notices can be found in the Additional Documents pages. Remove personal property, furnishings, or any other items without the prior written consent of the tenant. 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. The Declaration is required under a state law called AB 3088 and is part of the State-enacted eviction protections. the owner can conduct an Ellis Act eviction. Tenants rights and protections in the City of Oakland are increasingly under threat and undermined by unscrupulous landlords. The losing side may appeal to the Rent board to correct errors in the hearing officers' decision and ask for a re-hearing. Request information that violates a Tenant’s right to privacy. The owner can notify the tenant that the repairs will take more than fifteen (15) days. Chapter 15.60 with the Real Estate officer to be paid instead by the city. Failing to perform due diligence when completing repairs. The tenant must allow fifteen (15) days for the owner to correct the problem. The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice. California has a law called the "Ellis Act" which allows a property owner to remove a unit or a building from the rental market. 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. 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. Tenants in such buildings are eligible for relocation payments, and have the right to return at their same basic rent if the building is returned to the rental market. 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 “. Oakland tenants have many of the same tenant’s rights as tenants living in San Francisco. Housing attorneys will offer a know-your-rights training on the Topic of the Month (below). Before such an application can be approved, you will receive notification from the City's Rent Program. In this case, the owner must provide a reasonable time period for completion. If you have further questions on your rights under the eviction moratoria, contact the OTU helpline or seek free legal help. 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. ECHO's Tenant/Landlord Counseling Program provides information to tenants and landlords on their housing rights and responsibilities. Section 8.22.300 of the Oakland Municipal Code (Measure EE) states that tenants in Oakland cannot be evicted without just cause. Neither the City nor the County's eviction moratoria require you to sign this Declaration. Our tenant lawyers stop landlord harassment, refusal to repair, & wrongful evictions. The City will then apply available legal means to mandate reimbursement from the owner. 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. 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 … 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. The vast majority of Oakland residents served through the program are extremely low-income. Under the Oakland Just Cause for Eviction Ordinance, a tenant is entitled to a one-on-one replacement of a roommate. However, the Tenant Protection Act will cover some units that are. 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. We have successfully represented thousands of tenants and victims of landlord caused injuries. View map. For example, not minimizing exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts. ​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” (. The topic of tenant guests might not seem like a big deal for tenants (unless their guests are for some reason not welcome). Oakland Tenants' Rights Handbook. OAKLAND — A new ordinance requires Oakland landlords to tell tenants their rights before paying or giving them other compensation to move out. Rent increases also capped at 2.7%. A landlord cannot “unreasonably” withhold the right to replace a roommate, provided that the remaining tenant makes a written request. Refuse to accept or acknowledge receipt of a Tenant’s lawful rent payment. In these cases you may be subject to an "at fault" eviction without relocation assistance. if your tenancy is covered by Oakland’s Just Cause for Eviction Ordinance. The Rent Board is creating regulations, which will be posted November, 2020. Please contact tenant Attorney in Oakland Broderick Brown. The landlord cannot discriminate, and must ensure the property is safe and meets health and environmental standards. Tenant Rights in Downtown on YP.com. The tenant has continued to violate a provision of the lease after written notice to stop. The TPO provides civil remedies for violations. These are things like failure to pay rent, or violating the lease in some way. Remove a housing service for the purpose of causing the Tenant to vacate the rental unit. In this case, the owner must provide a reasonable time period for completion. The tenant refused to sign a new lease that is identical to the old one (when the old one expires.). The tenant must allow fifteen (15) days for the owner to correct the problem. More information on Oakland eviction protections here. Text of the Tenant Protection Act of 2019 (AB 1482), eviction protection law (O.M.C. The tenant will not let the owner into the apartment, even with a 24 hours’ written notice. 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. Under the Oakland Eviction Moratorium, which remains in effect until the Local Emergency is over, you cannot be evicted for almost any reason. 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. of the rent increase amount. If faced with what you believe is a proposed Ellis Act Eviction, OTU strongly recommends you seek immediate legal assistance (see resources below). 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. The TPO is meant to deter harassment by property owners. Substantially and directly interfere with a Tenant’s right to quiet use and enjoyment of the rental unit. The official website of the City of Oakland. I can’t pay my rent; what do I do? 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). Landlord tenant attorney who handles cases involving habitability, discrimination, lockout, harassment and retaliation. —detailed in the explainer document below. 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. Attempt to coerce a Tenant to vacate with offer(s) of payments to vacate in addition to threats or intimidation. The Oakland eviction moratorium provides the strongest protections for Oakland tenants with Just Cause for Eviction coverage. Oakland is a “Just Cause for Eviction” city. See reviews, photos, directions, phone numbers and more for the best Landlord & Tenant Attorneys in Downtown, Oakland, CA. 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. Before a Tenant may file a violation of the TPO, the Tenant must first notify the Owner of the problem. 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. Interfere with a Tenant’s right to privacy. Oakland Landlord Tenant Rights The city of Oakland has rent control ordinances that limit how much landlords can raise rent on a yearly basis using a rate based on the Consumer Price Index (CPI). Threaten to or interrupt, terminate, or fail to provide housing services . of allowable rent increases and apply the total increase in a single year. 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). However, there are key differences that Oakland tenants need to be aware of. Offer payments to a Tenant to vacate more than once in six (6) months. Landlords have rights too, including the right to collect rent and the right to be reimbursed for … Housing Choice Vou chers (Section 8) OHA subsidizes a portion of the rent that the tenant pays to a private landlord. 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). 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. Additionally, ECHO has trained mediators to assist in resolving housing disputes through conciliation and mediation. Refuse to cash a rent check for over thirty (30) days unless a written receipt for payment has been provided to the Tenant. ​​Oakland is a “Just Cause for Eviction” city. 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. The entire ordinance is here. rent can only be raised by the annual allowable increase. You are. This notice should provide justification for any increases above the allowable CPI amount (e.g. Know your rights when you are renting a home, attend housing workshops, learn how to use housing vouchers. YOUR RIGHTS AS A SECTION 8 TENANT All California State and Oakland City tenant law applies to Section 8 units. the building or unit was “red-tagged” by City Building or Fire officials and is required to be vacated. 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. rent cannot be increased without an official “RAP Notice”. Intimidate or threaten to report the tenant to U.S. Immigration and Customs Enforcement (ICE). 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. the owner initiates major repairs or remodeling that cannot be done unless the unit is vacant. 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 action must be filed at the District Court where the premises are located. 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 … States have laws regulating the business relationship between tenants and landlords and establishing their obligations to each other. 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. 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. Oakland also has a Rent Adjustment program that covers other types of rental housing. The notice must be placed in at least one such common area in the building using the form prescribed by the City Staff. The ordinance, approved by the City Council … The novel coronavirus has spread rapidly, forcing us to change the way we live, work, and interact with each other. and if the landlord cannot prove legal grounds, the rent increase is not valid. 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. 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). 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. 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. 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). You cannot be charged late fees. However, the property owner must first apply and be approved by the City of Oakland. Abuse the Owner’s right of access to the rental unit. 8.22.300). 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. 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! For additional information, review these FAQ resources to more fully understand your rights and eligibility under the Oakland and Alameda County eviction moratoria: The Protect Oakland Renters FAQ on the Oakland Eviction Moratorium, The City of Oakland's FAQ on the Oakland Eviction Moratorium, Centro Legal’s FAQ on the Alameda County Eviction Moratorium. Tenants in such buildings are eligible for relocation payments, and have the right to return at their same basic rent when the building is returned to the rental market. This means that you can follow much of the advice in this booklet. 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. The Oakland City Attorney has issued a statement saying that AB 3088 does not "significantly impact Oakland's eviction moratorium". Threaten the tenant, by word or gesture, with physical harm. Excludes single family home tenants. Michigan law (Landlord and Tenant Relationship Act 348 of 1972) grants tenants certain rights like the right to the return of a security deposit and the right to a habitable dwelling. Tenant’s Rights Program attorneys are available to provide Know Your Rights trainings to groups, including residents of entire buildings. The Tenant Protection Ordinance (“TPO”) provides tenants legal recourse if they are harassed by the property owner. The tenant has continued to disturb other tenants and neighbors after written notice to stop. 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. In order to stop displacement, we need to make sure all tenants in a building are protected. OTU's core values are to protect and expand tenant rights and interests. File a Tenant Petition. 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. Oakland has passed several new laws in recent years making it harder to evict tenants, including a 2018 measure that closed a longstanding loophole … 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 Rent Board hears petitions, using a hearing officer, from tenants or landlords, to right claimed wrongs. The Oakland Tenants Union is an organization of housing activists. The tenant must allow fifteen (15) days for the owner to correct the problem. Find out about meetings, request City services through OAK 311, or contact the Mayor and City Council. This means that you can follow much of the advice in this booklet. The tenant may also file if the owner does not follow through to complete the repairs with reasonable diligence. based on the rate of inflation (CPI). 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. A: Maybe. East Bay Community Law Center: (510) 548-4040, ext. Neither tenant's duty to provide notice nor the deadline for repaying back-due rent is specified. The tenant may also file a complaint with the City Attorney who is authorized to bring civil action against owners who violate this Chapter. Menu and widgets Under certain circumstances rent can be raised by more than the allowable increase (see below). Tenants of residential units can ONLY be evicted for the following eleven reasons: (source) 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 … Do these eviction moratoria prevent that? Recently, Oakland’s Tenant Protection Ordinance (TPO) was expanded to address the growing need to safeguard renter protections. , or by more than a total of 30 percent over a 5-year period. In this case, the owner must provide a reasonable time period for completion. However, rent increases cannot be banked for more than 10 years. There is a chance you could be protected from this type of eviction under the Federal CDC Eviction Moratorium. They can also answer questions about evictions, housing conditions, housing … Read More Our regional housing preservation practice area helps more than 12,000 people each year stay in their homes and fight housing discrimination, illegal evictions, and foreclosures. 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. A comprehensive handbook & updated legal information for Oakland tenants. Tobener Ravenscroft LLP is dedicated to protecting tenant & renter rights in San Jose, Oakland, San Francisco & surrounding Bay Area cities. 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.