You can file an appeal with the Rent Board if you are not satisfied with the Hearing Officer's decision.
- File your appeal no later than 20 calendar days after the date the written decision was mailed.
- If the appeal is late, you must submit an explanation. City staff will decide whether to accept a late appeal.
- Complete the appeal form. Explain the reasons for filing the appeal. Do not exceed 25 pages.
- Incomplete appeals will not be processed.
- Deliver a copy of the appeal and attachments to the other party along with a proof of service through a process server.
- Refer to the Appeals Decision Index for case precedents.
Filing an appeal suspends the judgment of the initial hearing decision. You can file your appeal online. You can also download the form or pick up the form in person from the Rent Adjustment Program office.
- The assigned Program Analyst, Hearing Officer and the Rent Adjustment Program Manager will review the appeal.
- Staff will only consider the information contained in the appeal and the records from the original hearing.
- If there is a clerical error, the Hearing Officer will issue a corrected decision. If a corrected decision is issued, the 20 day appeal period begins again.
- If a corrected decision is not issued, an appeal hearing will be scheduled with the Housing Residential Rent and Relocation Board.
- All parties will receive notice of the scheduled hearing.
- If you filed the appeal and do not appear, the Board will dismiss your case.
- The Board will listen to the arguments of the parties. The Board will deliberate, vote and announce the decision at the meeting.
- Staff will draft a written appeal decision to present to the Board at its next meeting for approval.
- The appeal decision by the Hearing Officer will then become the final decision of the Rent Adjustment Program.
- The Board’s written decision is the final decision by the City of Oakland.
- Parties cannot appeal to the City Council. However, within 90 days they may seek judicial review of the decision with the Superior Court.