Code Compliance Relocation Program

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.

Date Posted: August 31st, 2018 @ 3:44 PM
Last Updated: August 24th, 2022 @ 5:01 PM


Oakland Municipal Code (OMC) 15.60 for the Code Compliance Relocation Program 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. A tenant may be eligible for relocation benefits if the City of Oakland Code Enforcement has declared the rental unit unsafe for human habitation or if the Property Owner is seeking to make repairs necessary to bring the rental unit up to code that cannot be made while the unit is occupied. A property owner who is requiring a tenant to vacate must comply with all applicable state and local laws regarding evictions. In addition, owners may not require the tenants to vacate until the required relocation payment is made.

For all sections of OMC 15.60, please visit: OMC 15.60 - 15.60.150


Code Compliance Relocation Program:

The Uniform Relocation Ordinance requires property owners to provide tenants displaced by code compliance activities, such as owner or relative move-ins, Ellis Act, or condominium conversions with relocation payments. With the exception of temporary code compliance displacements, which require the payment of actual temporary housing expenses, the payment amounts set forth in the ordinance depend on the size of the unit and adjust for inflation annually on August 1st. The base payment amounts until July 31, 2023, are reflected in the link below.

https://cao-94612.s3.amazonaws.com/documents/Info-Sheet_Uniform-Residential-Tenant-Relocation-Ordinance_EN_6.8.22_Final.pdf

Residential tenants who are displaced because of actions taken, due to building code violations, within the City of Oakland, may be eligible for relocation benefits from the property owner.

Relocation Eligibility: OMC 15.60.040

A tenant household shall be eligible for relocation payments from a property owner under this Chapter if the tenant household is displaced from its rental unit or room due to the city or property owner's code compliance activities. For purposes of this Chapter, a tenant household shall be deemed to be displaced from its rental unit or room due to code compliance activities if such household either:

1. Receives a notice to vacate from the property owner who, after having obtained all necessary permits from the City of Oakland on or before the date upon which the notice to vacate is given, seeks in good faith to undertake substantial repairs that cannot be completed while the unit is occupied, and that are necessary either to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of the building, or under an outstanding notice of code violation affecting the health and safety of tenants of the building;

2. Vacates its unit or room (whether or not the property owner requires vacation) after (a) the city or a court has issued by a notice to vacate, notice to abate life-threatening condition, or declaration of substandard covering that unit or room, and (b) the abatement period has expired without correction of the noncomplying condition (if a time period to abate the noncomplying condition is specified in such notice or declaration and the city or court does not order earlier vacation); or

3. Vacates its unit or room because the property owner seeks to cause the unit or room to be vacated due to the existence of conditions for which the city or a court could issue a notice to vacate, notice to abate life-threatening condition, or declaration of substandard covering that unit or room, but the city or a court has not yet done so.


Relocation Benefits:

Permanent Relocation* (the move is for 60 days or longer):

$7,669.78 per studio/one bedroom unit

$9,439.73 per two-bedroom unit

$11,652.17 per three or more-bedroom unit

* Relocation benefit amount adjusted annually for inflation on July 1st. Amounts above effective July 1, 2022– June 30, 2023.

The following household type qualify for an additional $2,500 in relocation benefits:

  • Low income
  • Disabled
  • Senior (62 or older)
  • Minor children (17 or younger)

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 because of displacement.

If the city is requiring the tenant to move with less than 30 day’s notice due to health and safety issues, the tenant is entitled to an additional $500 payment from property owner.

Timing of Payment:

Permanent Relocation:

The owner must make the payment directly to an eligible tenant at least 10 days before the tenant’s expected move date. 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.

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.


Assistance By The City: OMC 15.60.080

Upon the property owner’s failure to pay required relocation payments to the displaced tenant(s) within the mandated number of days from notice, the City of Oakland, at the tenant’s requests may provide reasonable effort to make the payment to the displaced tenant. This does not relieve the property owner of any obligation to pay. The City of Oakland will duly bill the property owner for this amount. If the property owner does not make full and timely reimbursement of this amount to the city, the City of Oakland may record a lien on the property with the County Recorder and shall provide notice of such lien to the property owner and to the County Assessor.

Move-Back Option:

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. The owner must notify a displaced tenant, by certified mail, at least 30 days in advance of the availability of the unit. 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.

FOR MORE INFORMATION:

Please contact Community Development & Engagement at:

Address:

250 Frank H. Ogawa Plaza, 5th Floor

Oakland, CA 94612

Phone:

(510) 238-6182

Email:

housingassistance@oaklandca.gov