On November 6, 2018, Oakland voters passed Measure Y to amend the Just Cause for Eviction Ordinance. The Just Cause for Eviction Ordinance (“Ordinance”) generally prohibits landlords from evicting tenants from residential rental units covered by the Ordinance without specified just cause grounds.
What Does Measure Y Change?
1. Removes the Just Cause Exemption for Owner-Occupied Duplexes and Triplexes
Previously, the Ordinance did not apply to owner-occupied duplexes or trip lexes if the occupying owner had at least a one-third interest in the property- such units were exempt. Measure Y amended the Ordinance to add owner-occupied duplexes and triplexes to the units that are covered by the Just Cause for eviction Ordinance. This change in the law would apply to units that are currently exempt and to any future duplexes and triplexes even if one of the units becomes owner-occupied. As a result, this measure requires that landlords in owner-occupied duplexes and triplexes have just cause to evict tenants and comply with relocation requirements when they evict for owner move-in or repairs, unless some other exemption applies. Landlords are also required to pay the annual Rent Adjustment Program Service Fee, which is currently $101 per unit.
2. Gives City Council Authority to Add Eviction Requirements
Because the Oakland voters adopted the Just Cause for Eviction Ordinance, they must approve any change to the Ordinance. The Ordinance specifies just cause grounds for eviction and provides additional prerequisites to evictions, such as providing proper notice. Measure Y allows the City Council, without returning to the voters, to amend the Ordinance to add additional limitations on a landlord’s right to evict, e.g., mandating compliance with certain rules and standards, such as, but not limited to, providing a proper notice.
When Does Measure Y Go Into Effect?
Measure Y became effective on December 21, 2018. Owners with notices that expired after the effective date of the Ordinance must have a Just Cause to evict stated in the notice terminating tenancy.