Maya Chen
The Housing, Residential Rent and Relocation Board, also known as the Oakland Rent Board, enforces the Rent Adjustment Ordinance set out by the Oakland City Council. The board meets regularly to hear appeals from decisions by Rent Adjustment Program hearing officers and to develop and amend regulations for the Rent Adjustment Program. The Rent Adjustment Program was established in 2002 and has since added sections on limiting allowable rent increases (rent control), requiring just cause for eviction, and other tenant protections. The Oakland Rent Ordinance gives tenants rent control, meaning landlords cannot raise rents beyond the annual CPI increase rate for any given year.
| Characteristics | Values |
|---|---|
| Purpose | To foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance set out by the City of Oakland |
| Meeting times | Thursdays at 6:00 pm in City Hall, Hearing Room 1 |
| Composition | Seven members appointed by the Mayor and confirmed by the Council: two residential rental property owners, two tenants, and three undesignated representatives |
| Functions | Hearing appeals from decisions by Rent Adjustment Program hearing officers, developing and amending regulations for the Rent Adjustment Program, making recommendations to the City Council or appropriate City Council committee on matters pertaining to residential rent, eviction, or other City housing policies |
| Applicable laws | Oakland Rent Adjustment Ordinance, Oakland Municipal Code sections 8.22.030 and 8.22.070, Rent Adjustment Program Ordinance (OMC Chapter 8.22) |
| Exceptions | Dwelling units in subsidized housing, motels and boarding houses where tenants have not resided for at least thirty continuous days, hospitals, convents, monasteries, convalescent homes, college dormitories, nonprofit cooperatives owned/operated/controlled by residents, substantially rehabilitated buildings with granted exemptions, dwelling units exempt under the Costa-Hawkins Rental Housing Act |
| Tenant protections | Limits on allowable rent increases (rent control), requirements for just cause eviction, relocation payments for no-fault evictions, regulations for buyout agreements |
| Tenant rights | File a petition with the Rent Adjustment Board if the landlord raises rent beyond the permitted amount, sue for wrongful eviction and demand rent differential or loss of use |
| Tenant duties | Cannot be forced to vacate for more than three months for repairs, must be given a minimum 120-day notice for eviction |
| Landlord duties | Make repairs on time and without unreasonable delay, offer the unit back to the original tenant at the same rent after repairs, provide a Notice to Tenants of the Residential Rent Adjustment Program at the beginning of a tenancy, limit rent increases to once per year and the lesser of the published increase in the Consumer Price Index or 10% |
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What You'll Learn
The Housing, Residential Rent and Relocation Board
The Board's primary purpose is to foster fair housing for a diverse population of renters and ensure compliance with the Rent Adjustment Ordinance. This includes hearing appeals from decisions made by Rent Adjustment Program (RAP) hearing officers and developing and amending regulations for the RAP. The RAP was established in 1980 and sets the maximum annual rent increase based on the annual CPI increase, handling rent adjustments for claims of decreased housing services and other rent-related matters.
The HRRR Board also advises the City Council on rent protections and housing policies, aiming for equity and community stability. Oakland residents are encouraged to attend meetings and voice their concerns regarding the City's rent and housing laws and regulations. The Board may also make recommendations to the City Council or appropriate committees regarding residential rent, eviction, or other housing policies when requested or deemed necessary.
The Rent Adjustment Program has released information packets for tenants and property owners, providing specific details about the Rent Adjustment Ordinance, local housing laws, and other relevant information. Additionally, tenants and property owners can seek guidance from Housing Counselors, who can answer questions and provide support on various topics, including tenant and property owner issues, Oakland rental housing laws, and filing petitions or responses with RAP.
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Maximum annual rent increase
The City of Oakland's Housing, Residential Rent and Relocation Board enforces the Rent Adjustment Ordinance, which includes rules and regulations regarding the maximum annual rent increase. This board consists of seven members appointed by the Mayor and confirmed by the Council, including two residential rental property owners, two tenants, and three undesignated representatives.
The Rent Adjustment Program Ordinance (OMC Chapter 8.22), adopted by the Oakland City Council in 1980, sets the maximum annual rent increase. This increase is based on the annual Consumer Price Index (CPI) increase and handles rent adjustments for claims of decreases in housing services. The CPI is a measure of the annual change in prices for goods and services and is used to ensure that rent increases are fair and reasonable.
From March 8, 2020, to June 30, 2023, Oakland's emergency moratorium prohibited rent increases above the annual CPI due to the COVID-19 pandemic. During this period, rent increases for tenants in Oakland rental units covered by the Oakland Rent Ordinance's rent control protections were capped at 2.7%.
In 2022, the Oakland City Council took action to protect tenants from a significant rent increase. The proposed 6.7% allowable rent increase was reduced to a maximum of 3% through a new ordinance. This decision was made in light of rising costs of living, including gas prices and food expenses, to ensure housing security for Oakland residents.
It is important to note that the Residential Rent Adjustment Program applies to all rental units in Oakland, except for certain types of dwellings, such as subsidized housing, motels where tenants have not stayed continuously for 30 days or more, and nonprofit cooperatives owned and operated by residents.
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Eviction protection
The Oakland Rent Adjustment Ordinance was enacted in 2002 to administer landlord-tenant disputes in the city of Oakland. The ordinance established the Oakland Rent Adjustment Program, which applies to all rental units in Oakland with some exceptions. The program's mission is to promote community stability, healthy housing, and diversity for Oakland residents, while preventing illegal rent increases and evictions, and ensuring a fair return for property owners.
The Housing, Residential Rent, and Relocation Board enforce the Rent Adjustment Ordinance and foster fair housing for renters. The board also hears appeals from decisions by Rent Adjustment Program hearing officers and develops and amends regulations for the Rent Adjustment Program. The board consists of seven regular members appointed by the Mayor and confirmed by the Council, including two residential rental property owners, two tenants, and three undesignated representatives.
The Oakland Rent Adjustment Program requires landlords to provide a Notice to Tenants of the Residential Rent Adjustment Program (RAP notice) at the beginning of a tenancy. Tenants may file a petition with the program to determine whether they are covered by the Rent Ordinance. If a unit is covered under the Oakland Rent Control ordinance and the original occupant still lives in the unit, the landlord may only increase the rent by the annual percentage change in the Consumer Price Index (CPI). The landlord must provide a written rent increase notice with specific disclosures.
The Rent Adjustment Ordinance also includes a Just Cause for Eviction Ordinance, which requires landlords to have just cause for evicting tenants. If a tenant is forced to move out of a rent-controlled unit without just cause, they may sue their landlord for wrongful eviction and demand rent differential or loss of use. This amount is the difference between the current fair market monthly rental rate for the unit and the monthly rent paid at the time of the eviction without just cause, multiplied by the number of months the tenant would have stayed in the unit if they had not been wrongfully evicted.
Additionally, the ordinance prohibits no-fault evictions for property owners who are delinquent on their business taxes. It also covers relocation benefits for no-fault just cause evictions, including evictions based on the removal of a rental unit from the rental market under the Ellis Act. There are also relocation payments for owner move-in evictions.
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Landlord/tenant disputes
The Housing, Residential Rent and Relocation Board in Oakland enforces the Rent Adjustment Ordinance set out by the Oakland City Council. The board also hears appeals from decisions made by Rent Adjustment Program hearing officers. The Rent Adjustment Program was established in 2002 and is responsible for administering landlord/tenant disputes in the city of Oakland.
The Rent Adjustment Program has released information packets for tenants and property owners, which include details about the Rent Adjustment Ordinance, local housing laws, and other useful information. The program also provides a Housing Counselor service, which can be contacted for any RAP or housing-related questions.
In Oakland, if a landlord raises the rent beyond the amount permitted by the Rent Adjustment Ordinance, tenants can file a petition with the Rent Adjustment Board. They must state the reason for the petition, which could include a miscalculation, improper notice, or a reduction in housing services.
The Oakland Rent Adjustment Ordinance includes several provisions to protect tenants. It limits allowable rent increases, requires just cause for eviction, mandates relocation payments for no-fault evictions, and regulates buyout agreements. Additionally, the City Council amended the ordinance in 2024 to limit banking to five years and prohibit rent increases if the property owner is delinquent on business taxes.
To summarise, the Oakland Rent Adjustment Program and the Housing, Residential Rent and Relocation Board work together to enforce the Rent Adjustment Ordinance and handle landlord/tenant disputes. Tenants can refer to the information packets and seek guidance from the Housing Counselor service to understand their rights and resolve disputes with their landlords.
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Rent-controlled units
The Housing, Residential Rent and Relocation Board enforces the Rent Adjustment Ordinance set out by the Oakland City Council. The board also hears appeals from decisions made by Rent Adjustment Program hearing officers and develops and amends regulations for the Rent Adjustment Program.
The Oakland Rent Adjustment Ordinance was enacted in 2002 and established the Oakland Rent Adjustment Program, which administers landlord-tenant disputes in Oakland. The ordinance has since been amended to include sections that limit allowable rent increases (rent control), require just cause for eviction, mandate relocation payments for no-fault evictions, regulate buyout agreements, and provide other tenant protections.
Rent control in Oakland applies to how much rent can be raised for a particular tenant during their occupancy. If a unit is covered by Oakland's rent control law, the landlord cannot raise the rent beyond the annual CPI increase rate for any given year. Tenants can only receive one increase in any one 12-month period. For any tenancy, a thirty-day notice is required for increases of 10% or less, while 60 days' notice is required for increases greater than 10%. Landlords cannot increase rent more than three times the current year's CPI, even if the increase was "banked" from previous years when the rent was not raised.
Single-family homes are not covered by rent control in Oakland. Additionally, if a unit is controlled, regulated, or subsidised by a governmental agency, or if it is part of a hotel, motel, inn, tourist, rooming, or boarding house, and the tenant has lived there for less than 30 continuous days, it is not subject to rent control.
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Frequently asked questions
The Housing, Residential Rent and Relocation Board enforces the Rent Adjustment Ordinance set out by the Oakland City Council. It fosters fair housing for a diverse population of renters and develops and amends regulations for the Rent Adjustment Program.
The Rent Adjustment Program was established in 1980 and administers landlord/tenant disputes in the city of Oakland. It sets the maximum annual rent increase based on the annual CPI increase and handles rent adjustments for claims of decreases in housing services.
The Residential Rent Adjustment Program applies to all rental units in Oakland except dwelling units in subsidized housing, motels and boarding houses where the tenant has not been in continuous residence for 30 or more days, hospitals, convents, monasteries, convalescent homes, college dormitories, and more.
The Rent Adjustment Ordinance was enacted in 2002 and established the Oakland Rent Adjustment Program. It limits allowable rent increases (rent control), requires just cause for eviction, and outlines relocation payments for no-fault evictions, regulations for buyout agreements, and other tenant protections.
If you are forced to move out of a rent-controlled unit, you may sue your landlord for wrongful eviction and demand rent differential or loss of use.
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