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Oakland Rent Adjustment Ordinance
Chapter 8.22 Reference
Plain-language reference for Oakland Municipal Code Chapter 8.22 — the Rent Adjustment Ordinance (Article I), the Just Cause for Eviction Ordinance (Article II), and the Ellis Act Ordinance (Article III). Statutory citations, exemptions, and the carve-backs that matter in practice.
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What Is a Covered Unit?
OMC § 8.22.010
The definition of “covered unit” is the threshold question for all protections under Chapter 8.22. Coverage under the Rent Adjustment Ordinance (Article I), the Just Cause for Eviction Ordinance (Article II), and the Ellis Act Ordinance (Article III) is analyzed separately — each article has its own exemptions.
General rule — most rental housing in Oakland is covered
A “covered unit” is any dwelling unit — including joint living and work quarters — located in Oakland and used or occupied in consideration of payment of rent, along with all housing services associated with it. The definition expressly includes vehicular residential facilities rented or offered for rent for living or dwelling purposes, whether rent is paid for the recreational vehicle and the lot, or for the lot alone.
A vehicular residential facility is defined in Oakland Planning Code § 17.10.700. Coverage attaches whether rent is paid for the vehicle and lot together, or for the lot alone — making clear the ordinance applies to RV park tenancies.
Exemptions from the Rent Adjustment Ordinance (Article I only)
The following exemptions apply to Article I only (rent control). The Just Cause for Eviction Ordinance (Article II) and the Ellis Act Ordinance (Article III) have different exemptions — a unit exempt from rent control may still be subject to just cause eviction protections.
§ 8.22.030(A)(1)
Government-controlled, regulated, or subsidized units
Dwelling units whose rents are controlled, regulated (other than by Chapter 8.22), or subsidized by any governmental unit, agency, or authority.
↩ Carve-back — exemption is not permanent:
Once the unit is no longer controlled, regulated, or subsidized by the governmental agency, the exemption ceases and the unit becomes a covered unit subject to Article I. The owner must file a notice with the Rent Adjustment Program within 30 days after the unit loses its governmental status (§ 8.22.030(C)).
§ 8.22.030(A)(2)
Hotels, motels, inns, rooming and boarding houses — less than 30 days continuous occupancy
Accommodations in motels, hotels, inns, tourist houses, rooming houses, and boarding houses where the same tenant has not occupied the accommodation for 30 or more continuous days.
Carve-back: Once the same tenant has occupied the accommodation for 30 or more continuous days, the exemption no longer applies and the unit becomes covered.
§ 8.22.030(A)(3)
Institutional housing
Housing accommodations in any hospital, convent, monastery, extended care facility, convalescent home, nonprofit home for the aged, or dormitory owned and operated by an educational institution.
§ 8.22.030(A)(4)
Nonprofit cooperatives
Dwelling units in a nonprofit cooperative owned, occupied, and controlled by a majority of the residents.
§ 8.22.030(A)(5)
New construction — certificate of occupancy on or after January 1, 1983
Dwelling units that were newly constructed and received a certificate of occupancy on or after January 1, 1983. To qualify, the unit must be entirely newly constructed or created from space that was formerly entirely nonresidential.
What does NOT qualify as “newly constructed”:
↩ Two express limits — these units are NOT exempt:
Vehicular residential facilities
The new construction exemption does not apply to a vehicular residential facility regardless of when it was constructed.
Units replacing withdrawn covered units (Ellis Act)
Newly constructed dwelling units that replace covered units withdrawn from the rental market under the Ellis Act Ordinance (OMC § 8.22.400 et seq.) are not exempt from rent control — even if they received a certificate of occupancy after January 1, 1983.
§ 8.22.030(A)(6)
Substantially rehabilitated buildings
Buildings that have been substantially rehabilitated and issued a certificate of exemption from the Rent Adjustment Program.
↩ Critical limitation — closed to new applications:
This exemption applies only to buildings where the rental property owner submitted an application for a certification of exemption to the Rent Adjustment Program prior to October 20, 2017, and which were issued a certificate of exemption. No new substantially rehabilitated building exemptions are available under this section.
§ 8.22.030(A)(7)
Units exempt under Costa-Hawkins (Cal. Civ. Code § 1954.52)
Dwelling units exempt pursuant to the Costa-Hawkins Rental Housing Act — primarily single-family homes and condominiums that are separately alienable from any other dwelling unit. See the SF Rent Ordinance reference for a detailed breakdown of Costa-Hawkins exemptions and their exceptions, which apply similarly in Oakland.
Exemption procedures
§ 8.22.030(B)–(C)
§ 8.22.030(B)(1) — Certificate of exemption
A certificate of exemption is a determination by the Rent Adjustment Program that a unit qualifies for an exemption and is not a covered unit. For units exempt as new construction or by state law (Costa-Hawkins), an owner may obtain a certificate by claiming and proving an exemption in response to a tenant petition, or by petitioning the Program directly. Certificates may only be granted for units that are permanently exempt — new construction or Costa-Hawkins.
The burden of proving and producing evidence for the exemption is on the owner. A certificate of exemption is a final determination absent fraud, mistake, or a change in law or circumstances.
Timely submission of a previously granted certificate of exemption in response to a petition results in dismissal of the petition, absent proof of fraud or mistake. The burden of proving fraud, mistake, or change in circumstances is on the tenant.
§ 8.22.030(C) — Government-regulated units: notice requirement
The owner of a unit exempt under § 8.22.030(A)(1) because it is controlled, regulated, or subsidized by a governmental agency must file a notice with the Rent Adjustment Program within 30 days after the unit is no longer controlled, regulated, or subsidized. Once governmental status ends, the exemption ceases and the unit becomes a covered unit subject to Article I. The notice must be on a form prescribed by the Rent Adjustment Program.
Rent Control
OMC Chapter 8.22, Article I — Rent Adjustment Ordinance
Allowable rent increases, passthrough petitions, and the Rent Adjustment Program procedures for covered units. This section is in progress.
Just Cause for Eviction
OMC Chapter 8.22, Article II — Just Cause for Eviction Ordinance
Enumerated just causes, notice requirements, relocation assistance, and remedies. Note: Article II has different exemptions than Article I — a unit exempt from rent control may still be subject to just cause eviction protections. This section is in progress.
Ellis Act
OMC Chapter 8.22, Article III — Ellis Act Ordinance (§ 8.22.400 et seq.)
Withdrawal requirements, relocation assistance, right of first refusal, and restrictions on re-rental. Note: Article III has different exemptions than Article I. This section is in progress.
Representing Oakland tenants under Chapter 8.22
Contingency only — no fee unless we win. See the Oakland tenant law page →