The procedures in the City of Oakland for compliance with the Ellis Act can be found in Sections 8.22.400 through 8.22.480 of the Oakland Municipal Code.
Removing a rental unit from the rental market is a serious and complicated matter. Owners are encouraged to seek and obtain legal advice concerning their own particular circumstances. Once a tenant is given a “Notice of Termination” and vacates any unit on the property, the application cannot be withdrawn.
The Ellis Act process begins with the owner filing with the Rent Adjustment Program a series of documents called the “Withdrawal Notices”. Notices must be signed by all owners of record and are subject to penalty for perjury. These required notices consist of:
- the notice to tenants of termination
- the notice to the RAP
- a certification recorded in the recorder’s office, plus filing fee).
The removal of the unit is effective 120 days after filing the Withdrawal Notices. If the tenant is sixty-two (62) years of age or older and/or disabled, the withdrawal is effective one (1) year.
All rental units on the property must be removed through an Ellis Act withdrawal. The Ellis Act cannot be used to withdraw a rental unit during a fixed term lease. Also, it cannot be used to retaliate or discriminate against a tenant.
Tenant households are entitled to relocation assistance. The payment amount depends on the size of the unit as explained under the Uniform Relocation Ordinance.
Owners must notify the RAP if they intend to rent a withdrawn property. If within ten years the unit is rented, former tenants must be offered the first chance to rent, if they provide notice of interest.