Oakland has adopted an eviction control ordinance which prohibits a property owner from terminating a tenancy without good or just cause.  Here is an overview of the scope of protections provided by the Ordinance, and the remedies available to a tenant when a landlord does not comply with its provisions. 

What Properties are Covered by the Ordinance?

The Ordinance covers all residential rental units in Oakland except the following:

• Rental units in any hospital, skilled nursing facility, or health facility;

• Rental units in a nonprofit facility providing short-term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing;

• Rental units in a nonprofit facility that helps homeless persons obtain the skills necessary for independent living in permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception;

• Rental units in a residential property where the owner of record occupies a unit in the same property as his or her principal residence and regularly shares in the use of kitchen or bath facilities with the tenants of such rental units;

• A unit that is held in trust on behalf of a developmentally disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a developmentally disabled parent, sibling, child, or grandparent of the owner of that unit; and

• Newly constructed rental units which are completed and offered for rent for the first time after December 31, 1995, provided that such new units were not created as a result of rehabilitation, improvement or conversion as opposed to new construction.

What are the Just Cause Reasons for Allowed Evictions?

This ordinance defines good or just cause for an eviction as including the following:

• The tenant’s failure to pay rent

• The tenant continued violation to violate a provision of the lease after written notice to stop.

• The tenant refused to sign a new lease that is identical to the expiring lease;

• The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice.

• The tenant has continued to disturb other tenants and neighbors after written notice to stop.

• The tenant uses the unit for an illegal purpose;

• The tenant refuses to provide the owner with access to the unit;

• The owner desires to move back into the unit, if allowed by a written agreement with the tenant or it is allowed by the lease.

• The owner or family member intends to move into the unit, unless the tenant is (1) 60 or older, (2) disabled, or (3) catastrophically ill and the owners or family member is not part of these protected classes.

• The owner plans to remove the unit from the market through the Ellis Act.

• The owner plans to perform substantial upgrades to the unit which cannot be completed with the tenant living there.

Is Relocation Assistance Available for “No Fault” Evictions

Relocation payments are required for all Ellis Act evictions, owner/relative move-in evictions, and temporary evictions for substantial repairs.  Units with occupancy of at least two years are entitled to payment of the full relocation amount listed below.  Tenancies with occupancies of one to two years are entitled to payment of two-thirds of the specified amounts. Tenancies with occupancies of less than one year are entitled to payment of one-third of the specified amounts.  Currently, the relocations assistance amounts are:

• $7,669.78 per studio/one bedroom unit
• $9,439.73 per two-bedroom unit
• $11,652.17 per three or more-bedroom unit

These relocation allowances increase every year at the beginning of July in accordance with the Consumer Price Index (CPI).

Landlords must provide an additional $2,500 for the following reasons if (1) the tenant is disabled, (2) the tenant is a senior citizen, (3) the tenant has minor children, or (4) the tenant is “lower income” as defined by the California Health and Safety Code § 50079.5

For temporarily relocation, the landlord must provide the tenant with a payment that covers actual and reasonable moving expenses as well as temporary housing costs not exceeding the above specified amounts.

What are the Tenant’s Remedies for Violation(s) of the Ordinance?

The tenant may institute a civil proceeding for injunctive relief, treble money damages, and additional damages the court deems appropriate when a landlord or anyone assisting him violates the Ordinance.  The available damages include awards for mental and/or emotional distress.  The prevailing tenant can also recover reasonable attorney’s fees and costs incurred to enforce his or her rights under the Ordinance.  These remedies are in addition to any other existing remedies available to the tenant.

Please contact Lynx Legal Services with any questions regarding the above, or if you are ready to start a case.  We can be reached at 925-237-9216, toll-free at 888-441-2355 or online at [email protected].  You can also schedule a telephonic consultation with one of our representatives by clicking the “Schedule a Consultation” tab on our website.