Oakland laws already protect Oakland tenants from habitability defects, including inoperable elevators. These laws include the Oakland Tenant Protection Ordinance, which prohibits landlords from interrupting, terminating, or failing to provide, inter alia, elevator service. Oakland Municipal Code §§ 8.22.020, 8.22.600. The Oakland Rent Ordinance provides for a reduction in rent where an Oakland tenant is without elevator service. Oakland Municipal Code § 8.22.010, et seq. At the state level, Health and Safety Code section 17920.3 requires landlords to keep, “[a]ll mechanical equipment to be, “maintained in good and safe condition…”. Health & Safety Code § 17920.3(f). Further, as a catchall, the law prohibits property managers from maintaining, “[a]ny nuisance,” at the property. Health & Safety Code § 17920.3(c). California case law has also directly addressed the issue. Brown v. George Pepperdine Found., (1943) 23 Cal. 2d 256, 259; Koepnick v. Kashiwa Fudosan America, Inc., (2009) 173 Cal. App. 4th 32. Further, the California Building Code requires that, “provisions shall be made to ensure that [elevators] remain accessible and usable at all times that the building is occupied.” California Building Code § 1124A (Applying only to multiunit apartments built after March 13, 1991.). Therefore, the law and regulations are clear: Landlords and property managers must ensure elevators are maintained in working order for Oakland tenants.
But, as with nearly all habitability issues, the law is not clear as to what notice, if any, to which Oakland tenants are entitled in the event of scheduled maintenance or elevator non-functionality or malfunction. Further, no law specifically addresses temporary tenant accommodations while an elevator is inoperable. However, on December 15, 2024, the City of Oakland clarify these ambiguities by passing the Elevator Maintenance in Residential Buildings Ordinance seeking to providing clarification on notice regarding elevator outages, guidance on repairs, and imposing a duty to provide temporary tenant accommodations during elevator outages. Codified at Chapter 8.72 of the Oakland Municipal Code, the Oakland Elevator Maintenance in Residential Buildings Ordinance also seeks to, “effectuate existing standards of state and federal fair housing laws, and to increase safety of residential buildings.” Oakland Municipal Code § 8.72.020.
The Oakland Elevator Maintenance in Residential Buildings Ordinance applies to all buildings in the City of Oakland containing at least three (3) residential units and at least one (1) elevator. Oakland Municipal Code § 8.72.030. The law does not apply to hospitals, skilled nursing facilities, health facilities, hotels, motels or other short-term accommodations that do not create tenancies. Id. The Oakland Elevator Maintenance in Residential Buildings Ordinance applies to property owners and property managers. Oakland Municipal Code § 8.72.040. It also applies to tenants, and subtenants. Id.The Oakland Elevator Maintenance in Residential Buildings Ordinance does not apply to non-operational elevators on July 30, 2024.
Generally, landlords and property managers must ensure that elevators remain accessible, usable, and in good working order at all times. Oakland Municipal Code § 8.72.050. But, the law also imposes several duties on landlords regarding housing services in the context of elevator, which include:
- The duty to conduct regular maintenance on elevators;
- The duty to complete elevator repair work expeditiously;
- The duty to provide alternative tenant accommodations pending elevator repair work;
- The duty to provide notice of regular maintenance and of unanticipated repair work; and,
- The duty to provide notice of Oakland tenant’s right to alternative housing. Oakland Municipal Code §§ 8.72.060, 8.72.070.
A. The Duty to Conduct Regular Maintenance
Under the new law, Oakland landlords must establish an elevator maintenance program. Oakland Municipal Code § 8.72.060(A). They must also complete elevator repair work within the shortest practicable time. Id.
B. The Duty to Complete Repairs Expeditiously
The Oakland Elevator Maintenance in Residential Buildings Ordinance requires landlords and property managers to complete repairs within twenty-four (24) hours of discovering the issue. Oakland Municipal Code § 8.72.060(B).
C. The Duty to Provide Alternative Housing Pending Elevator Repair
Where a landlord or property manager cannot complete elevator repair work within twenty-four (24) hours, they must locate and provide temporary housing for any Oakland tenant, “whose access to or egress from their unit is substantially restricted due to the elevator being out of service,” due to their physical disability, medical condition, illness, health impairment, or other similar circumstance. Oakland Municipal Code § 8.72.060(C). The condition can be temporary or permanent. Id. The temporary tenant accommodations must be decent, safe, sanitary, located near the Oakland tenant’s home, and provided at no expense to the Oakland tenant. Id. It must also be accessible to people with disabilities and shall not necessitate the use of stairs. Id. The property owner and property manager must also provide transportation to or from the temporary housing. Id.
However, the Oakland tenant may elect to secure their own temporary alternative housing and seek reimbursement in lieu of accepting alternative housing provided by the building operator. Oakland Municipal Code § 8.72.060(C). Where an Oakland tenant selects this option, the landlord or property manager has forty-eight (48) hours, after receipt of proof of costs, to reimburse the Oakland tenant. Id. However, the Oakland tenant may not obtain reimbursement of more than $250.00 per night, except when due to high-demand, the Oakland tenant’s special needs, or other similar circumstances. Id. However, the landlord and property manager must still make repairs to the elevator as soon as reasonably practicable, despite providing alternative accommodations.
Please note that the Oakland Elevator Maintenance in Residential Buildings Ordinance’s temporary tenant accommodation provision only applies to Oakland tenants residing in condominium buildings when explicitly required by State or Federal law. Oakland Municipal Code § 8.72.060.
Please also note that landlords and property managers are not required to provide temporary tenant accommodations where the building operator is prevented from repairing the elevator within twenty-four (24) hours, or anytime thereafter, due to a natural disaster. Oakland Municipal Code § 8.72.060.
D. The Duty to Provide Notice
The Oakland Elevator Maintenance in Residential Buildings Ordinance also requires landlords and property owners to provide notice of maintenance and unanticipated repair, as well as Oakland tenant’s right to temporary tenant accommodations. Specifically, Oakland tenants shall receive notice as follows:
- Regarding regular maintenance, landlords and property managers must, at least forty-eight (48) hours prior to the scheduled maintenance, post on each floor and adjacent to the elevator, that the elevator will be inoperable and the expected duration of such inoperability. Oakland Municipal Code § 8.72.070. Where the maintenance is expected to take more than four (4) hours, the landlord and property manager must provide individual written notice to each Oakland tenant, again at least forty-eight (48) hours in advance of the maintenance. This notification must state the length of time the elevator(s) are expected to be inoperable;
- Regarding unanticipated repairs, landlords and property managers must provide immediate notice to each Oakland tenant and post the notices adjacent to the elevator on each floor of the building. The notice must state that the elevator is not functional, and the expected date, time, and duration of the repair;
- Regarding Oakland tenants’ right to alternative housing, landlords and property managers must also provide notice to Oakland tenants including information regarding the right to temporary tenant accommodations, as proscribed by this Ordinance. They must do this when the elevator service is not expected to be restored within twenty-four (24) hours; and,
- Landlords and property managers must also provide Oakland Tenants with notice at the commence of each Oakland Tenants’ tenancy, of the Oakland Elevator Maintenance in Residential Buildings Ordinance. Oakland Municipal Code § 8.72.080.
The Oakland Elevator Maintenance in Residential Buildings Ordinance empowers Oakland tenants to file a civil lawsuit against their landlords and property managers for violations of the Oakland Elevator Maintenance in Residential Buildings Ordinance. Oakland Municipal Code § 8.72.090. Aggrieved Oakland tenants may file suit to recover the following remedies:
- Actual damages;
- Emotional distress;
- Injunctive relief to compel compliance with the Oakland Elevator Maintenance in Residential Buildings Ordinance;
- Statutory damages of up to $1,000.00 per day for each day the elevator remains out of service, except where the property owner and property manager have good cause for any delay;
- Statutory damages of up to $2,500.00 per day for each day a landlord or property manager unlawfully fails to relocate an Oakland tenant; and,
- Reasonable attorney fees and litigation-related costs.
Finally, landlords and property managers may not retaliate or discriminate against any Oakland tenant that exerts any right provided for by the Oakland Elevator Maintenance in Residential Buildings Ordinance. Oakland Municipal Code § 8.72.100. Where an Oakland tenant can prove disability discrimination in the form of failure to rent under this law, they may also recover a statutory penalty of up to $10,000.00. Oakland Municipal Code § 8.72.100.