ZigaForm version 5.9.1

Glossary

DuplexA duplex is a building that has two units. Each unit has it’s own entrances (one for each unit).
Small Claims CourtIs a way for people to have their legal disputes, about property or money, heard without the expensive and time-consuming process of a full trial. People can present their own evidence and make their own arguments directly to the judge. In CA, someone can sue through small claims with a limit of $10,000. For businesses, the limit is $5000.

Codes and Compliance (Code Enforcement)
A city department that handles property inspections, zoning and certain vendor and building permits. They have inspectors that enforce these services.
Alameda Vector ControlDivision of the Alameda County Environmental Health Department that prevents the spread of diseases caused by vermin, birds, insects and other animals through public education, services and inspections.
CPIConsumer Price Index, is an estimate of price level changes in a region.This estimate is used to set the allowable annual rent increases in Oakland for units covered by Rent Control.
OHAOakland Housing Authority provides subsidized housing to tenants in Oakland. They are a housing authority under the National Department of Housing and Urban Development (HUD). Currently, they provide housing to over 16,500 families in Oakland.
HUDNational Department of Housing and Urban Development that oversees regional and city specific housing authorities such as Oakland Housing Authority.
Costa HawkinsA statewide law that allows landlords to set the rent to market rate whenever tenants move out of a unit, prevents cities from providing rent control for buildings built after 1995, and prevents rent control for single family homes and condos. There’s statewide campaigns to repeal this law as it limits tenant protections in cities like Oakland.
Rent BoardAssumes all the duties and functions of overseeing the Rent Adjustment Ordinance and oversees appeals for Rent Adjustment Program petitions. It includes seven members: 2 tenants, 2 landlords, and 3 neutral members. There are also additional alternates. All members serve 3-year staggered terms, no more than two terms to be served consecutively on the Board.
RAPThe Rent Adjustment Program in Oakland is a program that administers the Rent Adjustment Ordinance and provides education, hearings and resources for both Tenants and landlords on Oakland’s housing laws.
Fixed Term tenancyA lease that only lasts for a set amount of time. For example: a one year lease
Periodic Term tenancyIs month to month and either the landlord or tenant can end it.
Permitted UnitA residential unit that has been certified as “residential” and has all the city permits needed for it it to be within zone and habitable.
Unpermitted UnitA residential unit that has not been certified as “residential” and therefore does not have all the city permits needed for it it to be within zone and habitable.
Move out AgreementA written agreement wherein the owner pays the tenant money or other considerations to vacate a rental unit. O.M.C. 8.22.300
Habitable UnitCA Civil Code 1941.1 states that a “habitable unit” is a unit that is safe and liveable. Under CA code a habitable unit must include the following: Effective waterproofing and weather protection of roof and exterior walls including broken windows or doors Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system. Gas facilities in good working order. Heating system in good, working order. Electric system, including lighting and wiring, and equipment in good, working order. Building and grounds kept clean, sanitary, free from garbage, rodents and vermin. Adequate number of garbage cans or dumpsters in good repair. Floors, stairways, and railings in good repair.
Unlawful DetainerA lawsuit to evict a tenant.
BankingBanking is any CPI Rent Adjustment the Owner delays or pauses but then imposes at a later date, subject to Rent Adjustment Reulations (Oaklandnet.com)
CA Tenant Protection ActSets statewide rent caps and additional eviction protections to covered units in CA.
Court SummonsAn official notice of a lawsuit that invites the defendant to appear in court or to file a document with the court.

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Most tenants in Oakland are covered by the Tenant Protection Ordinance! However, if you live in any of the following, then you ARE NOT covered by the Tenant Protection Ordinance (TPO) in Oakland.

  • A hospital, skilled nursing facility, or health facility
  • A nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse, where you were been told in writing that the housing was temporary/transitional when you moved in
  • A nonprofit facility which provides a structured living environment that has the primary purpose of helping houseless people build independent living skills and obtain permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months, and where you were told in writing that the housing was temporary/transitional when you moved in
  • A hotel or motel for less than one month

If you don't live in any of the above, then you ARE covered under TPO. Note: if you live in a building owned by a nonprofit, you ARE covered unless the facility meet one of the specific exemptions described above.

Most units in Oakland are covered by Just Cause. However, if you live in any of the following, then you ARE NOT covered by Oakland Just Cause.

  • A unit that is less than 10 years old (If you're not sure, call the County Assessors and they can tell you very quickly) OR
  • You live in the same unit as your landlord, and you regularly share a kitchen or bathroom with the landlord, OR
  • You live in a recreational vehicle (RV) or wheeled tiny home but do NOT pay rent OR
  • A hospital, skilled nursing facility or healthcare facility OR
  • A nonprofit facility where the primary purpose is short-term treatment for drugs or alcohol, and you were told that the facility was temporary/transient when you moved in, OR
  • A nonprofit facility with a structured living environment where the primary purpose is to assist homeless folks in building skills for independent living, where occupancy is limited to a specific/limited time not greater than 24 months, and you were told that the facility was temporary/transient at the beginning

You are covered by Oakland Rent Control UNLESS you live in one of the following:

  1. Housing where your rent is subsidized and/or regulated by the government, including:
    1. A building managed by Oakland Housing Authority (OHA) or the Department of Housing and Urban Development (HUD),
    2. A unit where your rent is subsidized by Section 8 or another government entity (even if the property is privately owned)
  2. A hotel, motel, inn, or boarding houses AND you have not occupied the unit for more than 30 days (if you have been there more than 30 continuous days, you ARE likely covered by rent control)
  3. A unit or room in a hospital, senior home, extended care facility, convent, monastery or school dormitory
  4. A unit or room in a non-profit cooperative owned, occupied & controlled by the residents
  5. A building built on or after January 1, 1983 (Don’t know? Call the County Assessors at 510-272-3787 and ask them to tell you the year the unit was built and the effective date),
  6. A substantially rehabilitated building, IF the owner applied for exemption to rent control before October 20, 2017, and received a certificate of exemption from rent control
  7. A single-family home or a condominium sold separately AND you moved in after 1995

Effective May 1, 2018, the Oakland Tenant Move-out Ordinance (TMOO, O.M.C . 8.22.700 et seq.) states that landlords must do the following if they wish to offer a tenant compensation to vacate their rental unit:

1) The owner must file a Pre-Move Out Disclosure Certification Form with the Rent Adjustment Program prior to entering into Move Out Negotiations.
2) The owner must give a Disclosure Notice to the tenant prior to entering into Move Out Negotiations. The owner must also file the executed Move Out Agreement with the Rent Adjustment Program within 45 days of the tenant and landlord signing the Move Out Agreement.

Tenants also have these rights under the Move-out Ordinance:
1) The right to not accept - A tenant is not required to enter into a Move Out Agreement or engage in Move Out Negotiations, and:
-The landlord may not retaliate against a tenant for not accepting the offer. 
-Offering payments to a tenant to vacate more than once in six (6) months after the tenant has notified the owner in writing that the tenant refuses to enter into a Move Out Agreement or engage in Move Out Negotiations constitutes harassment under the Tenant Protection Ordinance.

2) The right to consult an attorney before entering into a Move Out Agreement or engaging in Move Out Negotiations.
3) The right to rescind - A tenant may cancel the Move Out Agreement at any time during the twenty-five (25) days after the agreement has been signed by both the landlord and tenant, unless the parties agree in writing to a shorter period of no less than fifteen (15) days . During this time, the tenant may cancel the Agreement as long as the tenant has not moved out, and the decision to cancel is agreed upon by tenants who are part of the Move Out Agreement.
4) Extended right to rescind within six months if the Move Out Agreement does not meet the specifications required under the Ordinance.
5) Relocation amounts for 2020-2021: Move out agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. The Uniform Relocation Ordinance requires owners provide tenants displaced by code compliance activities, owner or relative move-ins, the Ellis Act, and condominium conversions with relocation payments. The payment amount depends on the size of the unit and adjusts for inflation annually on July 1st. The base payment amounts until June 30, 2021 are:

$ 7,308.37 per studio/one bedroom unit
$8,994.92 per two bedroom unit
$11,103.10 per three or more bedroom unit

Tenant households in rental units that include lower income, elderly or disabled tenants, and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the owner.
6) Right to return: Tenants have an option or right to return to their Rental Unit after certain no-fault evictions, such as code compliance evictions after the repairs are completed or Ellis evictions if the units are re-rented. Waiver of these rights, if applicable, may make a Move Out Agreement more valuable.
7) Market rents may be much higher in your area and you may want to check rents for similar rental units before entering into a Move Out Agreement, particularly a Move Out Agreement that removes any options or rights to return to the rental unit that may exist for you.
8) Payments from a Move Out Agreement may be taxable. You should consult taxing authorities or a tax professional for more information or advice on taxability.
9) Public records: Move Out Agreements and documents related to Move Out Agreements that are submitted to the City may be public. The City may redact personal information to the extent possible. Parties of a Move Out Agreement should be notified that information may become public disclosure.