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Rent Control

CALIFORNIA

Oakland

Ordinance Adoption Date

10/7/80; latest amendment 12/94.

Exceptions 

Units constructed after 1/1/83, buildings "substantially rehabilitated" at cost of 50% of that of new construction (as determined by Chief Building Inspector) properties with HUD-insured mortgages [Sec. 2.i].

Administration 

Appointed seven-member Residential Rent Arbitration Board, 300 Lakeside Drive, Oakland, CA 94612, 510-238-3721 (to leave message) or call Sentinel Fair Housing, 510-836-2687.

Registration

Not required.

Rent Formula 

Rents may not be increased more than 3% in any 12month period for occupied units, and 6% in any 12-month period for units vacated after the landlord terminated the tenancy. [Sec. 5.]

Individual Adjustments 

Tenant can contest an increase in excess of that allowed (but only if his rent is current) by filing a petition with the Board. The petition must be filed within 30 days. I Hearing officer may consider costs of capital improvements, repairs, maintenance, and debt service, and past history of rent increases, [Sec. 5.c,7.]

Rent Increase Notice Requirements

Landlords are required to notify tenants of the Residential Rent Arbitration Board at outset of the tenancy, in an addendum to the lease or rental agreement. [Sec. 5.d.]

Vacancy Decontrol 

Landlord may charge any rent after a tenant vacates voluntarily. Controls remain if tenant vacates "involuntarily," though 12-month rent-increase ceiling increases to 12% from 8%. Once the property is re-rented, it is subject to rent control based on the higher rent. [Sec. 5.b,] Controls may be permanently removed if landlord spends at least 50% of new-construction cost to "substantially rehabilitate" property.

Eviction

Ordinance does not require just cause to evict, but there are other requirements.

Penalties

Violation of ordinance is infraction (petty offense) punishable on first, second, and third offenses within 12-month period by fines of up to $50, $100, and $250, respectively. A fourth offense within 12 months is a misdemeanor punishable by maximums of a $500 fine and six months imprisonment. [Sec. 9.1.]