Oakland Eviction Moratorium Phase-Out

Date Posted: May 3rd, 2023 @ 10:46 AM
Last Updated: May 15th, 2023 @ 12:58 PM
Eviction Moratorium Phase Out Postcard

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 has protected tenants covered by the Rent Adjustment Ordinance and the Just Cause Ordinance 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 when they are permanently taking their units off of the rental market;

Second, BY Prohibiting any late fees for non-payment of rent; and

Third, BY Prohibiting any rent increases except for the annual Consumer Price Index adjustment or any RAP petition approved increase based on Fair Return grounds.

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

First, the Eviction Moratorium and the Late Fee Moratorium will both end on July 15, 2023.

Property owners will then be able to terminate tenancies on any of the valid grounds for eviction as listed in the Just Cause Ordinance.

ALSO, Property owners will then be able to charge late fees for late payment of rent.

Second, the Rent Increase Moratorium will end on July 1, 2024.

  • Currently, under the Rent Increase Moratorium, annual rent increases are capped at the CPI or 3% (whichever is lower), with no pass-throughs (petition approved rent increases, such as for capital improvements) or banking. After July 1, 2024, property owners will be able to collect on any RAP approved increase as well as banked increases (within the Ordinance and state law restrictions).

Other Just Cause Ordinance Changes:

  • For evictions based on non-payment of rent that accrued between March 9, 2020, and July 14, 2023, tenants cannot be evicted if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic.
  • 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 HUD fair market rent.
  • 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 occupancy standard 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.

Need Rental Assistance?

Check out Alameda Housing Secure:


Need Eviction Defense Services?

Bay Area Legal Aid: 800-551-5554

Centro Legal de la Raza: 510-437-1554

East Bay Community Law Center: 510-548-4040, ext. 201

Eviction Defense Center: 510-452-4541

Legal Assistance for Seniors: 510-832-3040

Media Contact

City of Oakland Rent Adjustment Program

Phone: (510) 238.3721

Email: RAP@oaklandca.gov

Check out our website: www.oaklandca.gov/RAP