Tenant Information

Summary of Rent Adjustment Law

Introduction
Required Notices
Exempt Units
Rent Increase Limits
Filing a Petition
Mediation Program
Rent Adjustment Program Service Fee

Forms and Informational Materials for Tenants to Challenge a Rent Increase

Eviction Controls

Counseling, Rights and Legal Advice

Assistance Paying Rent or Deposits

Assistance to Resolve Other Landlord-Tenant Disputes

Assistance Finding Rental Housing

Summary of the Rent Adjustment Law

Introduction:

To maintain the availability of decent, affordable rental housing, the Oakland City Council adopted the Residential Rent Adjustment Program. The program is governed by Oakland Municipal Code Section 8.22 and by Rules and Procedures.

The Rent Adjustment Program requires that property owners give a written form notice to tenants of the existence of the program.

An owner may increase a tenant's rent once in a 12-month period. The rate for rent increases is set by a formula (the CPI Rent Adjustment).

Property owners may give tenants notice of a rent increase higher than the CPI Rent Adjustment. If tenants do not file a petition challenging the rent increase within 60 days of receiving the notice of increase (or within 60 days of first receiving written notice of the existence of the Rent Adjustment Program, whichever is later) they waive their right to challenge the increase.

Required Notices:

Owners must give each tenant the Notice to Tenants (available from the Rent Adjustment Program office or online) advising them of the existence and scope of the Rent Adjustment Program at the commencement of their tenancy.

• Owners must provide the same notice with each notice of rent increase.
• Failure to provide tenants with this notice can extend the time that tenants have to file petitions challenging rent increases and invalidate the increases.

Exempt Units:

Some units are exempt from the application of the Rent Adjustment Law. If a petition is filed challenging a rent increase, and the owner believes the unit is not covered, the owner may respond to the petition and prove the unit is exempt.

Rent Increase Limits:

Increases are limited to the CPI increase announced each year by the Residential Rent Adjustment Program unless the landlord can justify a higher amount. The law limits these to specific reasons for a higher rent increase.

• Only one increase is allowed in a twelve month period.
  
• Generally, if tenants do not file a petition within 60 days of receiving a rent increase, they will lose their rights to challenge the increase.
  
• There is no limit on increases when a new tenant moves in, if the previous tenant moved out voluntarily or was evicted for cause. Once the new tenant moves in, future increases are limited by the Rent Law.

Filing a Petition:

Tenants may challenge a rent increase if they believe it is more than the allowable amount. Petitions must be filed within 60 days of receiving the notice of rent increase (or within 60 days of first receiving written notice of the existence of the Rent Adjustment Program, whichever is later).

• Once a petition is received, owners must file a response.
  
• Petitions and responses are considered filed when RECEIVED by the Rent Adjustment Program office.
  
• If tenants do not file a petition on time they waive their rights to challenge a rent increase.

An owner may petition for pre-approval of an increase. Capital improvements must be claimed within 2 years of completion and payment.

Petition and response forms are available online (click here for owner forms or here for renter forms) or from the Rent Adjustment Program Office. There is NO FILING FEE.

Mediation Program:

Voluntary mediation of rent disputes is available to parties with open Rent Adjustment cases.

• Mediation will be scheduled at the parties’ request after the filing of a petition and response with the Rent Adjustment Program.
  
• If you are interested in attempting to mediate your case, you will have the choice between the use of a Rent Adjustment Program staff Hearing Officer acting as mediator or the selection of an outside mediator.
  
• Staff Hearing Officers will be available to conduct mediations free of charge.
  
• If you do not wish to have a staff Hearing Officer mediate your rent dispute, you may use an outside mediator. Fees charged by an outside mediator will be the responsibility of the parties.

Rent Program Service Fee:

A Rent Program service fee of $30 per year is charged to owners. Owners are generally allowed to pass through $15 of this fee to tenants. However, it cannot be added to the base rent when calculating a rent increase.

Click here for more information.

Informational Materials and Forms to Challenge a Rent Increase:

Information materials and copies of the forms needed to file a petition to protest a rent are available here online:

Tenant Guide to the Rent Adjustment Program
Instructions and Information for Filing Petition
Petition to Challenge Rent Increase
Request for Postponement of Rent Adjustment Hearing
Tenant Withdrawal of Petition
Appeal Form

Request for Copies of Documents

Eviction Controls (Measure EE - "Just Cause"):

Effective January 1, 2003 the citizens of Oakland enacted Measure EE- the Just Cause Eviction law. Therefore, the law in the City of Oakland prohibits a landlord from terminating a tenancy without good or just cause. Complete copies of Measure EE and the Just Cause Regulations are available on our website.

General information about evictions is available at the Rent Adjustment Program Office.

Counseling, Rights, and Legal Advice
Contact one of the resources from the rental issue resources page.

Help with Rental Payments and Deposits
See the Rental Assistance Program for those who are at risk of eviction or homelessness.

Other Disputes - for assistance with rental disputes not related to rental rates or increases, see the rental disputes page.

Assistance Finding Rental Housing

A number of resources are available to assist tenants to find available rental housing, including assisted or subsidized housing.

See Also:
Ordinance
Rules & Procedures