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:
What are the Just Cause Reasons for Allowed Evictions?
This ordinance defines good or just cause for an eviction as including the following:
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:
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 info@lynxlegal.com. You can also schedule a telephonic consultation with one of our representatives by clicking the “Schedule a Consultation” tab on our website.
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