The City of Oakland Tenant Protection Ordinance protects all Oakland tenants from landlord harassment perpetrated by unscrupulous landlords, property managers, or other representatives in bad faith.  By protecting all tenancies in Oakland, and empowering tenants with a private right of action, the Oakland Tenant Protection Ordinance is a powerful law protecting tenants throughout the City of Oakland.

Is My Rental Unit Covered Under the Oakland Tenant Protection Ordinance?

The Oakland Tenant Protection Ordinance covers nearly every Oakland tenant.  Oakland Municipal Code §§ 8.22.340, 8.22.620.  This includes authorized Oakland tenants residing in any type of property, regardless of zoning.  However, the Oakland Tenant Protection Ordinance exempts certain types of rental units.  Oakland Municipal Code § 8.22.630.  Rental units exempted under the Oakland Tenant Protection Ordinance are:

  • Oakland units in a hospital, skilled nursing facility, or health facility;
  • Oakland units in a nonprofit facility offered primarily for short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and offered incidentally to the recovery program, provided the provider maintains proper licensure and informs the client, in writing, of the temporary nature of the housing at the occupancy’s inception;
  • Oakland units in nonprofit buildings providing a structured living environment with a primary purpose of assisting homeless persons obtain the skills necessary for independent living in permanent housing, where the occupancy is restricted to not more than twenty-four (24) months, and the housing provider maintains proper licensure and informs the client, in writing, of the temporary nature of the housing at the occupancy’s inception;
  • Oakland transient occupancy hotels and motel units exempted from Part 4, Title 4, Chapter 2 of the California Civil Code by Civil Code section 1940(b), unless the Landlord violates the law by shuffling occupants between rooms to avoid tenancy status.  Oakland Municipal Code § 8.22.630.

Does the Oakland Tenant Protection Ordinance Protect Subtenants?

Yes, the Oakland Tenant Protection Ordinance protects subtenants.  Oakland Municipal Code § 8.22.620.  The Oakland Tenant Protection Ordinance’s definition for tenant explicitly includes subtenants and sublessees.  In fact, the Oakland Tenant Protection Ordinance protects any person lawfully entitled to occupy the rental unit, such as a disabled adult who does not pay rent to reside in a rental unit with their family member.

Does Your Property Manager Also Have to Abide by the Oakland Tenant Protection Ordinance?

Yes, the Oakland Tenant Protection Ordinance applies to landlords, owners, landlord agents, and landlord representatives. Oakland Municipal Code §§ 8.22.340, 8.22.620.  Additionally, any person or entity that can collect rent for the rental unit or bring an eviction lawsuit of the rental unit must abide by the Oakland Tenant Protection Ordinance.

What Types of Harassment Does the Oakland Tenant Protection Ordinance Prohibit?

The Oakland Tenant Protection Ordinance prohibits unlawful landlord harassment committed in bad faith.  Oakland Municipal Code § 8.22.640.

Under the Oakland Tenant Protection Ordinance, the following actions constitute unlawful landlord harassment, which Oakland landlords must refrain from committing:

  1. Interrupting, terminating, or failing to provide housing services required by the lease or law, or threatening to do so;
  2. Failing to perform repairs and maintenance required by the lease or law, or threatening to do so;
  3. Failing to complete repairs and maintenance adequately, failing to follow industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts;
  4. Abusing the Landlord’s right of access as provided by law;
  5. Removing the Oakland tenant’s personal property, furnishings, or other tiems without the Oakland tenant’s prior written consent, except when prformed pursuant to California Civil Code section 1980; et seq.;
  6. Influencing or attempting to influence an Oakland tenant to vacate the Oakland unit through fraud, intimidation, or coercion, including threatening to report the Oakland tenant or other person to the government because of their perceived or actual immigration status;
  7. Offering the Oakland tenant payments to vacate more than once in six (6) months, where the Oakland tenant provides the landlord written notice specifying that they do not wish to engage in buyout negotiations;
  8. Attempting to coerce an Oakland tenant to vacate with payments that are accompanied with threats or intimidation;
  9. Threatening the Oakland tenant, or their guests, by word or gesture, with physical harm;
  10. Substantially and directly interfering with an Oakland tenant’s right to quiet use and enjoyment of the Oakland rental unit as provided under California law;
  11. Refusing to accept or acknowledge the Oakland tenant’s lawful rent payment, except when permitted by California law after the landlord serves a notice to quit on the Oakland tenant and the time to pay under the notice has expired;
  12. Refusing to cash a rent check or money order for over thirty (30) days, unless the landlord provides the Oakland tenant with a written receipt for payment, and the refusal is not permitted by California law, such as after the landlord serves a notice to quit on the Oakland tenant and the time to pay under the notice has expired;
  13. Interfering with an Oakland tenant’s right to privacy, including video or audio recording devices designed to capture the interior of the Oakland tenant’s unit, entering or photographing the Oakland tenant’s rental unit that are beyond the scope of a lawful entry of inspection, unreasonable inquiry into an Oakland tenant’s relationship status or criminal history, and unreasonable restrictions on or inquiry into overnight guests;
  14. Requesting information that violates an Oakland tenants right to privacy, including but not limited to residence, citizenship status, or social security number, except as required by law, or where the landlord refuses to accept an equivalent alternative, such as an Individual Taxpayer Identification Number (“ITIN”);
  15. Unilaterally imposing or requiring an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless (1) The change in the terms of the tenancy is authorized by the Oakland Rent Ordinance or California Rent Control, or reuiqred by some other law or regulatory agreement with a government agency; or, (2) The change in the terms of the tenancy was accepted in writing by the Oakland tenant after receipt of written notice from the landlord that the Oakland tenant need not accept such new term as part of the rental agreement;
  16. Removing a housing service for the purpose of causing the Oakland tenant to vacate their home, such as removing a parking garage provided at the inception of the tenancy;
  17. Violating California Civil Code section 789.3, including but not limited to illegal lockouts and utility shutoffs;
  18. Violating the Unruh Civil Rights Act, codified at California Civil Code section 51; et seq.;
  19. Committing elder financial abuse as defined by California Welfare and Institutions Code section 15610.30; et seq., against an Oakland tenant;
  20. Misrepresenting to an Oakland tenant that they are required to vacate their home, or enticing an Oakland tenant to vacate their home through misrepresentations or concealment of important facts;
  21. Forcing an Oakland tenant to vacate their home and reregister to avoid creating a tenancy under California Civil Code section 1940.1; and,
  22. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any personal lawfully entitled to occupancy of the Oakland rental unit, and that cause, are likely to cause, or are intended to cause any lawful Oakland occupant to vacate their home or to surrender or waive any rights in relation to their occupancy. Oakland Municipal Code § 8.22.640.

How Can a Landlord Abuse the Right to Access a Oakland Rental Unit?

As stated above, a landlord’s abusing their right to access a rental unit, as permitted under California Civil Code section 1954, is a form of harassment protected by the Oakland Tenant Protection Ordinance.  Oakland Municipal Code § 8.22.640.  Examples of prohibited landlord entry and related harassing conduct include, but are not limited to:

  • Landlord entry for pretextual inspections not truly related to necessary repairs or services of the Oakland tenant’s home;
  • Instances where the Oakland tenant is forced to contend with an excessive number of notices to enter;
  • Circumstances where the landlord serves notices to enter only certain units at the Oakland property. For example, a landlord serving a notice to enter pertaining to a smoke alarm inspection of only a single tenant’s home in a multi-unit building likely suggests bad faith and violates the Oakland Tenant Protection Ordinance;
  • Landlord entry weaponized to collect evidence against a Oakland tenant for bad faith use, including supporting a subsequent eviction lawsuit;
  • Landlord entry that interferes with the Oakland tenant’s right to privacy, including photographing portions of the unit without reason; or,
  • Landlord entry beyond the scope of an otherwise lawful entry. For example, a landlord entering a Oakland tenant’s rental unit to repair a broken stove in the kitchen has no right to enter the tenant’s bedroom during the visit.  A landlord that attempts to enter the bedroom violates the Oakland Tenant Protection Ordinance.

What Amenities Does the Oakland Tenant Protection Ordinance Prohibit Your Landlord From Removing Without Good Cause?

As specified above, the Oakland Tenant Protection Ordinance prohibits landlords from removing amenities provided as part of a tenancy, except for good cause.  Oakland Municipal Code § 8.22.640(G).

Under the Oakland Tenant Protection Ordinance, the following amenities may not be removed:

  • Garage facilities;
  • Parking facilities;
  • Driveways;
  • Storage spaces;
  • Laundry rooms;
  • Decks;
  • Patios;
  • Gardens;
  • Kitchen facilities;
  • Toilet facilities;
  • Lobbies in residential hotels.  Oakland Municipal Code § 8.22.640(G).

Good cause includes:

  • When required by law;
  • Where the Oakland tenant accepts the amenities removal, in writing, after receiving the landlord’s written notice;
  • Where the building is owned by an affordable housing provider, as defined by Oakland Municipal Code section 8.22.620, where either the removal is unavoidable for the addition of a new affordable housing unit, and the landlord obtains all necessary permits for the construction, or the removal results from the removal of a balcony for which repair or removal was necessary for the safety and the owner obtains all permits;
  • The additional of one or more Accessory Dwelling Units, as defined by Government Code section 65852.2(j)(1), provided the landlord obtains all necessary permits, and the removal is not of a garage, parking space, or driveway more than one-half mile from a designated transit hub, or laundry room, and is unavoidable for the addition of the units; and,
  • Other good cause as provided by regulation.  Oakland Municipal Code § 8.22.640(G).

Please note that Oakland tenants rent units covered by the Oakland Rent Ordinance must receive a corresponding rent reduction for any loss of amenities.  Oakland Municipal Code § 8.22.640(G).  Where the landlord refuses to provide an adequate rent reduction, the Oakland Tenant may file a petition for a decrease in rent with the Oakland Rent Adjustment Program.

Please note that the Oakland Tenant Protection Ordinance’s amenities severance provision only applies beginning April 21, 2020 and beyond.

Does the Oakland Tenant Protection Ordinance Protect Against Landlord Retaliation?

Yes, the Oakland Tenant Protection Ordinance protects against landlord retaliation committed following the Oakland tenant exercising any right afforded under this law.  Oakland Municipal Code § 8.22.640(B).  However, Oakland tenants may only bring retaliation claims in court, and not at the Oakland Rent Board.

What Notices Must Oakland Tenants Receive Under the Oakland Tenant Protection Ordinance?

Oakland tenants must receive at least one notice under the Oakland Tenant Protection Ordinance.  Oakland Municipal Code § 7.22.640(E).  At the tenancy’s inception, Oakland tenants covered by the Oakland Rent Ordinance and the Oakland Tenant Protection Ordinance must receive a Notice under Oakland Municipal Code section 8.22.060 referencing the Oakland Tenant Protection Ordinance.  Oakland tenants covered only by the Oakland Tenant Protection Ordinance must receive a notice regarding the Oakland Tenant Protection Ordinance.  Although the landlord must provide the form at the tenancy’s inception, the from is created by the City of Oakland.  Where a building covered by the Oakland Tenant Protection Ordinance has shared interior common areas, the landlord must post a notice regarding the Oakland Tenant Protection Ordinance in at least one place.

Does the Oakland Tenant Protection Ordinance Regulate Late Payment Fees?

Yes, the Oakland Tenant Protection Ordinance regulates late payment fees.  Oakland Municipal Code § 8.22.640(H).  Specifically, the Oakland Tenant Protection Ordinance states that late payment fees may not be imposed except if provided in a written lease agreement.  Additionally, late payment fees may not exceed three percent (3%) of the monthly rent for each payment of rent and that Oakland tenants may not be charged a late payment fee until rent is five (5) or more days overdue.

Please note that the Oakland Tenant Protection Ordinance’s late payment fee provision only covers written lease agreements enter into or renewed on or after April 16, 2020.

How May Oakland Tenants Curtail Landlord Violations of the Oakland Tenant Protection Ordinance?

Oakland tenants have numerous options at their disposal when faced with intractable landlord harassment.  These range from simply demanding that the landlord cease engaging in landlord harassment to taking the drastic act of filing a lawsuit against a serial harasser.  Regardless of the method utilized, Oakland tenants equipped with sufficient evidence will likely prevail against their landlord’s harassment.

First, the Oakland tenant can demand the landlord stop the unlawful landlord harassment, preferably in writing.  Oakland tenants electing to send a physical letter should consider sending the mail with tracking and also retain a copy of the letter.  If the landlord does not cease harassing the Oakland tenant after receipt of the letter, the Oakland tenant should consider another option.

The Oakland tenant may also maintain a detailed log recounting every instance of landlord harassment.  Although no set template exists, Oakland tenants can, in addition to a concise description of the harassment, include the date, time, and location of the harassment.  It is also helpful to include the name of all witnesses present that observed each instance of unlawful landlord harassment.

Thirdly, Oakland tenants may also file a complaint with the City of Oakland.  It behooves Oakland tenants filing a complaint with the City of Oakland to submit supporting documentation.  The City of Oakland may initiate an investigation into the matter.  Complaints may be filed online by clicking here or calling the Oakland City Attorney’s Office at (510) 238-3601.  Please be advised that the City of Oakland City Attorney’s does not represent tenants.  Instead, the City Attorney acts as a neutral enforcer of the law that investigates complaints and enforces the Oakland Tenant Protection Ordinance.

Where the harassment pertains to a landlord’s failure to initiate or complete adequate repairs, the Oakland tenant may file petition for a rent decrease with the City of Oakland Rent Adjustment Program by clicking here or calling (510) 238-3721.  Additionally, the Oakland tenant should also obtain a Notice of Violation for every habitability issue from the City of Oakland Code Enforcement Division.  Oakland tenants may schedule an inspection via email, by clicking here, or calling (510) 238-338 or filing in person by visiting 250 Frank H. Ogawa Plaza, Suite 2340, Oakland, California.

Can Oakland Tenants Waive Oakland Tenant Protection Ordinance Protections?

No, Oakland tenants cannot waive Oakland Tenant Protection Ordinance protections.  Oakland Municipal Code § 8.22.680(B).  Any waiver, both written or verbal, is void.

How Long After The Harassment Stops Can Oakland Tenants Wait Before Bringing A Lawsuit For Landlord Harassment Under the Oakland Tenant Protection Ordinance?

Per the Oakland Municipal Code, three years.  Oakland Municipal Code § 8.22.670(E).

Under the Oakland Tenant Protection Ordinance, Oakland Tenants Can Sue Harassing Landlords for Money Damages

Oakland tenants facing pervasive landlord harassment substantially interfering with or disturbing their tenancy have the right to bring a landlord harassment claim in court.  The Oakland Tenant Protection Ordinance contains a private right of action empowering Oakland tenants facing landlord harassment to file a lawsuit in the California Superior Court.  Oakland Municipal Code § 822.650.

Oakland tenants can sue their landlords, property managers, and any person who assists a landlord, or any other person, for violating the Oakland Tenant Protection Ordinance in a civil lawsuit under the Oakland Tenant Protection Ordinance.  Oakland Municipal Code § 8.22.670(B)(1)(A).

Before initiating a legal action, the Oakland tenant must provide notice to their landlord, or their agent, regarding the problem.  Oakland Municipal Code § 8.22.650(B).  The landlord has fifteen (15) days to respond or correct the problem, unless the landlord notifies the Oakland tenant that they require additional time.  Any additional time must be reasonable.  Where the landlord ignores the notification, fails to act, fails to act with reasonable diligence, or acts in bad faith, the Oakland tenant may initiate a civil lawsuit for the landlords violations of the Oakland Tenant Protection Ordinance. Where the landlord harassment endangers an Oakland tenant’s comfort, safety, or wellbeing, the Oakland tenant need not wait fifteen days before initiating a lawsuit under the Oakland Tenant Protection Ordinance.

Under the Oakland Tenant Protection Ordinance, a prevailing tenant facing landlord harassment may recover the greater of either three (3) times actual damages, including mental or emotional distress damages, or $1,000 statutory damages, and any other relief deemed appropriate by the Court.  Oakland Municipal Code § 8.22.670(B)(1)(a).  Please note that mental and emotional distress damages are only tripled where the jury finds that the landlord, or other defendant, acted in knowing violation of or in reckless disregard of the Oakland Tenant Protection Ordinance, except when the tenant is elderly or disabled.  Elderly and disabled tenants are entitled to recover triple damages for mental and emotional distress damages by right.  Oakland Municipal Code § 8.22.670(B)(1)(b).  Additionally, in lieu of the $1,000 statutory penalties provided to Oakland tenants, elderly and disabled Oakland tenants are entitled to recover $2,000 in enhanced statutory penalties, if awarded.  Catastrophically ill tenants are entitled to recover $2,500 in enhanced statutory penalties, if awarded.  Oakland Municipal Code § 8.22.670(B)(1)(c).  Where the Oakland tenant files a lawsuit against the landlord on behalf of an Oakland tenant for landlord harassment for threatening to report an Oakland tenant or their associate on the basis of perceived or actual immigrant status is also entitled to recover $2,000 in enhanced statutory penalties, if awarded.  Oakland Municipal Code § 8.22.670(B)(1)(e).  Punitive damages and reasonable attorney fees and court costs are also recoverable.  Oakland Municipal Code § 8.22.670(B)(1)(f), 8.22.670(D).  However, the Court may not award both triple damages and punitive damages.

To discuss the Oakland Tenant Protection Ordinance, the Oakland Rent Ordinance, or California Rent Control (AB 1482), contact Astanehe Law, including by phone or email to speak with a tenant attorney.