ADVISORY NOTICE: On May 2, 2023, City Council had a second reading for final passage of legislation to sunset the COVID-19 Eviction Moratorium, as well as to add new permanent tenant protections. For questions about the end of the City’s moratorium, contact a RAP Housing Counselor at 510-238-3721 or RAP@oaklandca.gov. To read the legislation, click here.
Oakland Eviction Moratorium Phase-Out
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.
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 June 30, 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 June 30, 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.
COVID-19 RELATED EVICTION PROTECTIONS
City of Oakland Regulations
The City of Oakland Rent Board has issued Regulations related to the Emergency Eviction Moratorium. Amongst other elements, it provides guidelines for payment of delayed rent, clarifies the negotiation process for delayed rent, and gives information for RAP mediation services to assist tenants and owners in finding a resolution.
Read the full text of the City of Oakland Rent Board’s Emergency Moratorium Regulations here.
For the most up-to-date information on the City's response to the COVID-19 pandemic, visit the City’s COVID-19 page here.
- City of Oakland Info Sheet: Emergency Moratorium on Rent Increases and Evictions
- City of Oakland Info Sheet: Emergency Moratorium on Rent Increases and Evictions Frequently Asked Questions
- Housing Resources for Tenants and Property Owners during COVID-19
- Tenant Repayment Negotiation Information Sheet
The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088), a state law, and Oakland’s Emergency Moratorium provide Oakland tenants protections and homeowners and small property owners relief during the COVID-19 pandemic. These resources below advise Oakland property owners and tenants on their legal rights and responsibilities under state and local ordinances.
*Please note: The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088) protects qualifying tenants from eviction for non-payment of rent until February 2021. The Act will not significantly affect the Oakland Emergency Eviction Moratorium. Oakland’s Eviction Moratorium will continue to protect most Oakland renters from eviction during the COVID-19 emergency. However, tenants living in units not covered by Oakland’s Emergency Eviction Moratorium, i.e. units that do not fall under the Oakland Just Cause for Eviction Ordinance, will have additional protections under AB 3088. Contact a RAP Housing Counselor at (510) 238-3721 or firstname.lastname@example.org for more information.
- Fact Sheet on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 from Governor Newsom’s Office
The links down below take you to the State of California’s pages regarding the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088):
- Announcement of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Relief Act of 2020 (AB 3088) from Governor Newsom’s Office
- Full Text of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088)
- State of California, Department of Real Estate: Tenant Protection Guidelines
- State of California, Department of Real Estate: Frequently Asked Questions: What is the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088)?
ADDITIONAL RESOURCES RELATED TO COVID-19
RESOURCES FOR PROPERTY OWNERS DURING COVID-19
- Stage of California, Department of Real Estate: Property Owner Resources
- Do you need help paying your mortgage? Click here for more information
RESOURCES FOR TENANTS DURING COVID-19
- Need help paying your rent? Click here for more information.
If you are a tenant or another tenant you know is thinking of breaking your lease, contact the Rent Adjustment Program at (510) 238-3721 or email us at email@example.com. RAP staff members are available to assist members of the public Monday-Thursday from 9:30am to 4:30pm via live phone.
NEED MORE INFORMATION OR HELP?
Since March 2020, we have moved our services from in-person to online. Rent Adjustment Program staff members are available to members of the public by phone and email. Housing Counselors are taking calls Monday to Thursday from 9:30am to 4:30pm at (510) 238-3721. You can also email us at firstname.lastname@example.org. We will also provide translation services for non-English speaking visitors including and not limited to Spanish, Chinese, Vietnamese, and other languages.
**Please note: The Rent Adjustment Program will not provide legal advice. All information provided is solely advisory and does not constitute legal advice. RAP has no jurisdiction to decide issues of possession in the event of an unlawful detainer (eviction lawsuit). Those issues will be ultimately decided in a court of law.
WHERE CAN I RECEIVE LEGAL ASSISTANCE?
Tenants may contact the Eviction Defense Center (EDC) at (510) 452-4541, East Bay Community Law Center (EBCLC) at (510) 548-4040, Centro Legal de la Raza at (510) 422-5669, or Bay Area Legal Aid at (866) 346-3405.
Property owners may contact Housing and Economic Rights Advocates (HERA) at (510) 271-8443, East Bay Rental Housing Association (EBRHA) at (510) 893-9873, or the Alameda County Bar Association at (510) 302-2222.
* Please check the organizations’ websites to confirm operating hours during the local State of Emergency.
ABOUT THE RENT ADJUSTMENT PROGRAM
The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. This ordinance sets the maximum annual rent increase based on the annual CPI increase and handles rent adjustments for claims of decreases in housing services and handles other rent-related matters. The purpose of this program is to foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance set out by the City of Oakland.
Since March 2020, we have moved our services from in-person to online. Please read the information below carefully to find the best way to contact us.
Phone: (510) 238-3721 | Fax: (510) 238-6181
The Rent Adjustment Program’s Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer any RAP or housing-related questions you might have. Topics can be, but are not limited to, tenant and property owner issues and concerns, Oakland rental housing laws, or how to file a petition with RAP. Calls are generally limited to 10 minutes per person.
If you would prefer an e-mail response, you can e-mail us. RAP strives to return all e-mails within a twenty-four-hour timeframe.
Contact a RAP Housing Counselor: email@example.com. Please include in your e-mail: your full name, your telephone number, and your address.
Hearings Unit: firstname.lastname@example.org. If you have Hearings Unit-related issues or questions related to your pending case, you must contact your Case Analyst directly. If you do not know who your Case Analyst is, you can e-mail email@example.com to find that information.
Petition Review/Filing: You have the option to schedule an appointment for review of your petition before filing. To schedule an appointment for review e-mail firstname.lastname@example.org. If you do not want your petition reviewed and want to file, please submit your petition to email@example.com .
Eviction Notices: All eviction notices should be scanned and submitted via e-mail to firstname.lastname@example.org.
Address: 250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612
Due to the Shelter-in-Place Order, we are no longer accepting in-person petition applications and related materials. All new petitions and petition-related documents can be submitted by mail to the address above, electronically submitted to email@example.com, or the online portal.
All documents for Ellis Act cases must be mailed to 250 Frank Ogawa Plaza, Suite 5313, Oakland, CA 94612.
Online Petition Filing
We also offer an online portal where you can submit your petitions and all petition-related forms online. Click here to access the portal.
Request a Form
General forms can be found on our website. For property owner forms, click here. For tenant forms, click here. If you cannot find the form you want, you can e-mail the Rent Adjustment Program at firstname.lastname@example.org to obtain it.
To request documents related to a case, you can either complete the Request for Copies form and email it to email@example.com or make a Public Records Request (PRR) here. Please note that all PRRs are considered public information. You can also look up information related to cases through the RAP database.
Join the E-mail List
If you would like to receive e-mails about upcoming events or updates from the Rent Adjustment Program, please sign up! Please use the link below to add your name and e-mail to our list for future updates.