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Withdrawing
a Rental Unit from the Market ("Ellis Act")
Section 7060 et seq. of the California Government
Code (also known as the "Ellis Act") allows owners
to completely and permanently withdraw rental units from
the market. The City of Oakland
has specific
requirements
that must be followed when withdrawing a property under
the provisions of the Ellis Act.
Overview
Oakland Municipal Code Requirements
How to Comply with Oakland's Requirements for Ellis Act
withdrawals
Ellis Act
filing checklist
Forms
Overview
The procedures in the City of Oakland
for compliance with the Ellis Act (Government Code § 7060
et seq.) are set forth in Sections 8.22.400
through 8.22.480 of the Oakland Municipal Code.
Withdrawal of rental units from the rental market is
a very serious and sometimes complicated matter, and owners
are strongly encouraged to seek and obtain legal advice
concerning their own particular circumstances. Once a tenant
is given a Notice of Termination (Form 1) and vacates any
unit on the property, the application cannot be withdrawn.
An Owner withdraws his property from the rental market
under the Ellis Act and Oakland Ordinance by filing with
the Rent Adjustment Program a series of documents called
the “Withdrawal Notices” (consisting of the
notice to tenants of termination and the notice to the
rent adjustment program, and a certification recorded in
the recorder’s office, plus filing fee). These must
be signed by all owners of record, subject to penalty for
perjury.
120 days after filing the Withdrawal Notices, or one
(1) year if the tenant is sixty-two (62) years of age or
older and/or disabled, the withdrawal is effective. Withdrawal
may not be used to withdraw less than all of the rental
units on the property, nor to withdraw a rental unit during
a fixed term lease, nor to retaliate or discriminate against
a tenant.
The laws only apply to physical structures containing
four or more residential units or with respect to a detached
physical structure containing three or fewer rental units,
the rental units in that structure and in any other structure
located on the same parcel of land, including any detached
physical structure.
Lower income households are entitled to relocation assistance
which consists of two months rent in effect at the time
of the notice of termination.
Tenants who provide a written notice of interest in re-renting
should the unit be put back on the market within ten years
must be offered first chance to rent.
You are required to keep the Rent Adjustment Program
advised if you intend to re-rent your property.
If you have questions, please call the Rent Adjustment
Program.
at (510) 238-3721..
Oakland
Municipal Code Requirements |PDF
Link to Oakland Municipal Code sections pertaining to
Ellis Act withdrawals
How
to Comply with Oakland's Requirements for Ellis Act
withdrawals|PDF
Step by Step Instructions
Ellis
Act Filing Checklist |PDF
Checklist of Filing Requirements and Deadlines
Forms
Download Forms Required for Ellis Act Withdrawals
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