Regulatory Agreements Required for Affordable Unit Restrictions

Description of steps required to establish a Regulatory Agreement for unit affordability restrictions.

Residential Property developers may apply for design incentives or waivers through the Planning process in exchange for providing units affordable to low income residents. If a development proposal meets the requirements of the Density Bonus incentive law and/or the Affordable Housing Impact Fee On-Site option, additional units, fewer parking spaces, and reduced fees or other development standards may be possible.

To proceed, a City of Oakland Regulatory Agreement must be completed and recorded on title to document the owner's responsibilities to market, lease, and maintain the units according to the terms outlined by the relevant regulation and the Planning Conditions of Approval.

Steps to complete and record a Regulatory Agreement are outlined below and in the image to the right. This process should begin as soon as Planning Conditions of Approval have been issued. Links to Planning requirements that precede a request for an agreement are at the bottom of this page.

The regulatory agreement process requires the following steps: 

  • Issuance of Planning Conditions of Approval
  • Submission of Regulatory Agreement Application and Documentation
  • Document preparation, revision, and final approval
  • Notarized signatures from the owner, City Administrator, and lenders, as applicable.
  • Recordation on title with the County Recorder.
  • Submission to the Permit Center to release the permit hold.

City of Oakland Planning Approval

Approval for density bonus incentives or an Affordable Housing Impact Fee waiver for your development must be obtained before applying for the regulatory agreement. Contact the Department of Planning and Building for more information.

Regulatory Agreement Application 

One Conditions of Planning Approval have been issued, submit a complete application with all required information and documentation including:

  • Ownership/Developer contact information
  • Planning Conditions of Approval
  • Recent Title Report (last 30 days)
  • Deed(s) of Trust to be subordinated, if existing or pending. (Regulatory Agreement must become senior lien.)
  • Escrow/Title Contact for recording
  • Plans showing type and location of restricted units
  • Count of all property units by type and level of restriction
  • Information about which utilities will be paid by the tenant 

 

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