Oakland Municipal Code Art. III Terminating Tenancy to Withdraw Residential Rental Units from the Rental…

Measure EE, the Just Cause for Eviction Ordinance adopted by the electorate on November 5, 2002, includes the withdrawal of rental units from the rental market as one of the allowable causes for eviction of tenants (Measure EE, Section 6A(11). The purpose of this Municipal Code Section is to enact and implement the constraints on and procedures for such withdrawals as authorized by the Ellis Act (Government Code 7060, et seq.). This section shall be interpreted so as to provide the city with the broadest range of authority permitted under these provisions and to intrude the least into the city's authority in all other applications of its power. This Section O.M.C. 8.22.400 shall not be construed to permit the conversion of any rental housing to condominiums, hotels or any other use, which conversions are otherwise regulated by the City of Oakland, the State of California, or other applicable law.

(Ord. 12539 § 1 (part), 2003)

"Disabled" means a person with a disability, as defined in Section 12955.3 of the Government Code.

"Elderly" means a person sixty-two (62) years old or older.

"Lower-income tenant household" means tenant households whose income is not more than that permitted for lower income households, as defined by California Health and Safety Code Section 50079.5.

"Minor child(ren)" means a person(s) who is eighteen (18) years or younger at the time the notice of withdrawal of accommodations is served on the program.

"Owner" means an owner of record of the real property on which the rent units to be withdrawn are located.

"Rent Adjustment Program" means the Rent Adjustment Program as that term is defined in O.M.C. 8.22.020.

"Tenant" means a tenant as that term is defined in O.M.C. 8.22.340.

"Unit or Rental Unit" means a Rental Unit as that term is defined in O.M.C. 8.22.340 with the exception of those units designated in Section 8.22.350 as exempt.

"Withdrawal Notices" means those documents an owner is required to be filed with the Rent Adjustment Program pursuant to Paragraph 8.22.430A.

"Withdrawn Unit" means a rental unit that has been withdrawn from the rental market in accordance with this O.M.C. 8.22.400 et seq.

(Ord. No. 13608, § 5(Att. D), 7-21-2020; Ord. No. 13358, § 1, 3-1-2016; Ord. 12539 § 1 (part), 2003)

A. This O.M.C. Article 8.22.400 shall only apply to and shall only be exercised for the concurrent withdrawal of all rental units in the following (also referred to as "Accommodations" in California Government Code § 7060, et seq.):

1. The rental units (as defined in O.M.C. 8.22.020) in any detached physical structure containing four (4) or more residential rental units or,

2. With respect to a detached physical structure containing three (3) or fewer residential 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 specified in Paragraph 8.22.420 1.

(Ord. No. 13358, § 1, 3-1-2016; Ord. 12539 § 1 (part), 2003)

A. For units not occupied by a tenant who has resided in the unit for at least one (1) year and is either elderly (62 years or older) or disabled, the withdrawal of the rental units is effective not less than one hundred twenty (120) days from the delivery in person or by first-class mail to the Rent Adjustment Program all of the following (referred to together as the "Withdrawal Notices"):

1. Written notice to the Rent Adjustment Program of the intent to withdraw the Rental Units. The notice must be signed under penalty of perjury and must include the following:

a. Address and legal description of the subject property;

b. Number of rental units being removed;

c. The names of all tenants residing in the units being withdrawn; and

d. The lawful rent applicable to each such unit paid on the date of the notice.

2. A fee in an amount set by the City Council in the Master Fee Schedule to reimburse the city for the estimated direct and actual costs administering the withdrawal of the rental units.

3. A conformed copy of a written summary of the notice of intent (Paragraph 8.22.430 A.1.) recorded with the Alameda County Recorder and in a form prepared by the Rent Adjustment Program. The summary must contain such information as is prescribed by the Rent Adjustment Program to summarize the owner's notice of intent. This summary must not contain any of the information deemed confidential pursuant to Subsection 8.22.430 B.

4. A certification under penalty of perjury that terminations of all tenancies for the units to be withdrawn have commenced in accordance with applicable law. Such notices may be served in any manner authorized for the service of a notice terminating tenancy under California Civil Code Section 1946.1. The notices terminating tenancy must contain the following information:

a. That the owner is terminating the tenancy pursuant to this O.M.C. Section 8.22.400 and will provide the Rent Adjustment Program with the withdrawal notices required in Subsection 8.22.430 A.;

b. A summary of the specific information to be provided to the Rent Adjustment Program in that notice regarding the particular tenant's unit;

c. That within thirty (30) days of vacating the unit, the tenant may notify the owner in writing that the tenant would be interested in re-renting the unit if it is re-offered for rent at a future time and advising the tenant to notify the owner of future address changes;

d. A description of the following the includes the time frames for the tenant to provide notices to the owner:

i. The right of a tenant to re-rent the withdrawn unit should it be re-offered for rent;

ii. The right of tenants who are elderly or disabled to an extended withdrawal period; and

iii. The right of tenants to relocation payments.

B. Confidential Information. The following information submitted to the Rent Adjustment Program in compliance with this O.M.C. Article 8.22.400 is deemed confidential for purposes of the California Information Practices Act of 1977 (California Civil Code Section 1798, et seq.)

1. The name or names of the tenants;

2. The rent applicable to any residential rental unit to be withdrawn; and

3. The total number of rental units to be withdrawn.

(Ord. No. 13777, § 3, 12-19-2023; Ord. No. 13358, § 1, 3-1-2016; Ord. 12539 § 1 (part), 2003)

A. If a tenant is elderly or disabled, and has lived in the rental unit for at least one year prior to the date of delivery to the Rent Adjustment Program of the Withdrawal Notices required by Section 8.22.430A, then the date of withdrawal of the rental unit occupied by that tenant shall be extended to one year from the date of delivery of the Withdrawal Notices, provided the tenant gives written notice of his or her entitlement to an extension to the owner within sixty (60) days of the date of delivery to the Rent Adjustment Program of the Withdrawal Documents.

B. In the event the tenant provides such notice to the owner, the following provisions shall apply:

1. The tenancy shall be continued on the same terms and conditions as existed on the date of delivery of the Withdrawal Notices to the Rent Adjustment Program, subject to any CPI Rent Adjustments otherwise available;

2. No party shall be relieved of the duty to perform any obligation under the lease or rental agreement;

C. Within thirty (30) days of the notification by the tenant to the owner of his or her entitlement to an extension, the owner shall give written notice to the Rent Adjustment Program of the claim that the tenant or lessee is entitled to stay in his or her rental unit for one year after the date of delivery to the withdrawal documents.

D. Within fifteen (15) days after notification by a tenant that the tenant claims status as elderly or disabled, an owner who, reasonably and in good faith, believes that a tenant does not meet the requirements of this O.M.C. Article 8.22.400 as being elderly or disabled may request the tenant provide information demonstrating the tenant is elderly or disabled. The owner may not request nor should the tenant provide any information demonstrating age or disability that is considered confidential by any local, state, or federal law. The tenant must respond to the request for information within thirty (30) days. The owner must keep the documents submitted by the tenant confidential unless there are litigation or administrative proceedings regarding the tenant's eligibility for elderly or disabled status or the relocation payments or the documents must be produced in response to a subpoena or court order, in which case the tenant may seek an order from the court or administrative body to keep the documents confidential.

E. The owner may elect to extend the date of withdrawal on any other rental unit within the same building up to one (1) year after the date of delivery of the Withdrawal Notices to the Rent Adjustment Program, subject to Subsection 8.22.440 (B).

F. Within ninety (90) days of the date of delivery of the Withdrawal Notices to the Rent Adjustment Program, the owner must give written notice to the Rent Adjustment Program and the affected tenant(s) or lessee(s) of the owner's election to extend the date of withdrawal and the new date of withdrawal under Section 8.22.440 (E).

(Ord. 12539 § 1 (part), 2003)

A. Tenant Households who are required to move as a result of the Owner's withdrawal of the accommodation from rent or lease shall be entitled to a relocation payment from the Owner equal to Relocation Payment amounts set forth in O.M.C. 8.22.820 A. The payment shall be divided equally among all Tenants occupying the Rental Unit at the time of service on the Tenants of the notice of intent to withdraw the unit from rent or lease. Once notice of withdrawal of the accommodation from rent or lease has been given to the Tenant, the Owner is obligated to make the relocation payments.

B. Tenant Households in Rental Units withdrawn from the residential market that include lower income, elderly or disabled Tenants, and/or minor children shall be entitled to a single additional relocation payment equal to the additional Relocation Payment amounts set forth in O.M.C. 8.22.820 B. If a household qualifies for this additional payment, the payment shall be divided equally among eligible (lower-income, elderly, disabled, parents/guardians of minor children) Tenants.

C. A tenant whose household qualifies for the additional payment may request it from the owner, provided the tenant gives written notice of his or her entitlement to such payments to the owner within sixty (60) days of the date of delivery to the Rent Adjustment Program of the Withdrawal Documents.

D. An owner who, reasonably and in good faith, believes that a tenant does not qualify for the additional payment may request documentation from the tenant demonstrating the tenant's income qualification. Such documentation may not include any document that is protected as private or confidential under any state, local, or federal law. The owner's request must be made within fifteen (15) days after receipt of the tenant's notification of eligibility for the additional payment. The tenant has thirty (30) days following receipt of the owner's request for documentation to submit documentation. The owner must keep the documents submitted by the tenant confidential unless there is litigation or administrative proceedings regarding the tenant's eligibility for relocation payments or the documents must be produced in response to a subpoena or court order, in which case the tenant may seek an order from the court or administrative body to keep the documents confidential. Examples of the types of evidence that may be used to present a claim that a household is entitled to an extra payment based on a tenant's disability status include evidence that a tenant has a qualifying disability may be in the form of a statement from a treating physician or other appropriate health care provider authorized to provide treatment, such as a psychologist. A tenant may also submit evidence of a medical determination from another forum, such as Social Security or worker's compensation, so long as it includes the fact that the tenant has a disability and its probable duration.

E. Time for payment.

1. The owner must pay the tenant half of the relocation payment provided for in Section 8.22.450 A. when the termination notice is given to the household and the remaining half when the tenant vacates the unit.

2. The owner must pay the tenant the additional payment provided for in Section 8.22.450(B) within fifteen (15) days of the tenant's notice of eligibility or the tenant supplying documentation of the tenant's eligibility.

3. An owner who pays relocation expenses in conjunction with a notice to quit as required by this Section need not pay the same relocation expenses with any further notices to quit based O.M.C. Section 8.22.360 A.11. for the same unit that are served within one hundred eighty (180) days of the notice that included the required relocation payment. Nothing in this paragraph relieves the owner from portions of relocation expenses not yet paid by the owner or received by the tenant, including the remaining half due when the tenant vacates the unit.

F. If an owner fails to make the relocation payment as prescribed, the tenant may file an action against the owner and, if the tenant is found eligible for the relocation payments, the tenant will be entitled to recover the amount of the relocation payments plus an equal amount as damages and the tenant's attorney's fees. Should the owner's failure to make the payments as prescribed be found to be in bad faith, the tenant shall be entitled to the relocation payments plus an additional amount of three (3) times the amount of the relocation payments and the tenant's attorney's fees.

G. A tenant who is eligible for relocation payments under state or federal law, is not also entitled to relocation under this section. A tenant who is also eligible for relocation under the City of Oakland's code enforcement relocation program (O.M.C. Chapter 15.60), must elect for either relocation payments under this section or O.M.C. Chapter 15.60, and may not collect relocation payments under both.

H. The regulations may provide procedures for escrowing disputed relocation funds.

(Ord. No. 13608, § 5(Att. D), 7-21-2020; Ord. No. 13358, § 1, 3-1-2016; Ord. 12539 § 1 (part), 2003; Ord. 13468, § 3, 1-16-2018)

A. Requirements for all re-offers of Withdrawn Units for rental pursuant to this subsection.

1. The owner must provide written notice of the intention to re-offer a Withdrawn Unit to the Rent Adjustment Program not less than thirty (30) days prior to re-offering a Withdrawn Unit for rent;

2. The owner must offer each Withdrawn Unit at an amount of rent not in excess of the same rent as of the date of withdrawal plus any CPI Rent Adjustments that could have applied had the Units not been withdrawn;

3. Offer to former tenant.

a. The owner must first offer the Withdrawn Unit for rent or lease to the tenant displaced from that unit by the withdrawal pursuant to this section, if the tenant advised the owner in writing within thirty (30) days of the displacement of the tenant's desire to consider an offer to renew the tenancy and furnished the owner with an address to which that offer is to be directed. Such tenant must advise the owner at any time during the eligibility of any change of address to which an offer is to be directed.

b. If the owner again offers a Withdrawn Unit for rent pursuant to this section and the tenant advised the owner pursuant to Subsection 8.22.460 A.3.a of a desire to consider an offer to consider an offer to renew the tenancy, then the owner shall offer to reinstitute a rental agreement on terms permitted by law and this section to that displaced tenant. This offer shall be deposited in the United States mail, by registered or certified mail with postage prepaid, addressed to the displaced tenant or lessee at the addressed furnished to the owner as provided in this subparagraph, and shall describe the terms of the offer. The displaced tenant shall have thirty (30) days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.

B. Re-Offering Withdrawn Units for Rent Within Two (2) Years of Withdrawal. In the event that the Withdrawn Units are offered again for rent or lease for residential purposes by the owner within two (2) years from date the rental units were withdrawn from rent or lease, the following provisions shall govern:

1. An owner who re-offers withdrawn rental units for residential rental within two (2) years of the date the accommodations were withdrawn from rent or lease shall be liable to any tenant who was displaced from the property by the withdrawal of the units for actual and punitive damages. Any action by a tenant pursuant to this Subsection shall be brought within three (3) years of the date the accommodations were withdrawn from rent or lease. Nothing in this Subsection precludes a tenant from pursuing any alternative remedy available under the law.

2. The City Attorney may institute a civil proceeding against any owner who has again offered Withdrawn Units for rent within two (2) years [of] the date the accommodations were withdrawn from rent or lease, for exemplary damages for displacement of tenants. Any action brought by the City Attorney shall be brought within three (3) years of the date the accommodations were withdrawn from rent or lease.

C. Re-Offering Withdrawn Units for Rent Within Five (5) Years of Withdrawal. For all tenancies commenced during the time periods described in Subsection below, the Withdrawn Units shall be offered and rented at an amount not in excess of the lawful rent in effect on the date the accommodations were withdrawn from rent or lease, plus any CPI rent adjustments available. The provisions of this Subsection apply to all tenancies commenced during either of the following time periods:

1. The five-year period after the date of delivery of the withdrawal notices to the Rent Adjustment Program, whether or not the withdrawal is rescinded or the withdrawal of the rental units is completed pursuant to withdrawal notices.

2. The five-year period after the units are withdrawn.

D. Re-Offering Withdrawn Units for Rent Within Ten (10) Years of Withdrawal.

1. An owner who offers Withdrawn Units again for rent within a period not exceeding ten (10) years from the date they are withdrawn shall first offer the unit to the tenant displaced from that unit by the withdrawal, if that tenant requests the offer in writing within thirty (30) days after vacating the unit.

2. The owner of the Withdrawn Units shall be liable to any tenant who was displaced by that action for failure to comply with this Subsection for punitive damages in an amount not to exceed the contract rent for six (6) months.

E. Demolition of Withdrawn Units and Construction of New Units. If the Withdrawn Units are demolished and new residential rental units are constructed on the same property, and are offered for rent within five (5) years of the date the Withdrawn Units were withdrawn from rent, the newly constructed residential rental units shall be subject to controls pursuant to O.M.C. Chapter 8.22, Article I on the price at which they would be offered on the basis of a fair and reasonable return on the newly constructed residential rental units, notwithstanding any exemption in O.M.C. Chapter 8.22, Article I for newly constructed units.

F. Application of Withdrawal Constraints to Subsequent Owner.

1. The constraints on offering Withdrawn Units again for rent or demolition of the Withdrawn Units and construction of new units apply to the owner of record when the withdrawal is initiated and any subsequent owner of the real property on which the Withdrawn Units are located.

2. Ninety (90) days after filing a notice of intent to withdraw units pursuant to this section, the owner shall submit to the Rent Adjustment Program a notice that specifically describes the real property where the Withdrawn Units are located, the dates applicable to the constraints, and the name of the owner(s) of record of the real property. This notice must be signed under penalty of perjury. The Rent Adjustment Program shall record this notice with the Alameda County Recorder. The notice shall be indexed in the grantor grantee index.

3. A person who acquires title to the real property subsequent to the date upon which the rental units thereon have been withdrawn from rent or lease, as a bona fide purchaser for value, shall not be a successor in interest for the purposes of this O.M.C. Article 8.22.400, if the notice prescribed by this section has not been recorded with the county recorder at least one (1) day before the transfer of title.

(Ord. No. 13777, § 4, 12-19-2023; Ord. 12539 § 1 (part), 2003)

If an owner seeks to displace a tenant from a unit withdrawn from rent pursuant to this O.M.C. Article 8.22.400 by an unlawful detainer, the tenant may appear and answer or demur pursuant to California Code of Civil Procedure Section 1170 and may assert by way of defense that the owner has not complied with the applicable provisions of California Government Code Sections 7060, et seq., this section, or any regulations promulgated by the City Council or Rent Board to implement this section.

(Ord. 12539 § 1 (part), 2003)

A. Compliance with Other Laws. This O.M.C. Article 8.22.400 shall in no respect relieve an owner from complying with the requirements of any applicable state law or of any lease or rental agreement.

B. Notices to Owners by Tenant. Any notices sent by a tenant to an owner is deemed effective if sent or delivered to the owner in the manner prescribed in this Article III at the location or address where the tenant paid rent to the owner unless the owner notifies the tenant in the manner owners are required to notify tenants in this section to send such notices to another address at least thirty (30) days prior to the effective date of such address or location change.

C. Regulations and Forms. The Rent Board has the authority to make such regulations to implement this O.M.C. Article 8.22.400 as are not inconsistent with this section or with Government Code § 7060, et seq. The Rent Adjustment Program shall develop forms to implement this section. Any changes to the initial forms shall be effective thirty (30) days after they are made available to the public at the Rent Adjustment Program offices, unless the Rent Adjustment Program makes a finding that an earlier effective date is necessary.

D. Severability. This O.M.C. Chapter 8.22, Article III shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this Chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this O.M.C. Chapter 8.22, Article III which can be given effect without the invalid provision or application; and to this end the provisions of this Chapter are declared to be severable and are intended to have independent validity.

E. Non-waiverability. Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this O.M.C. Article 8.22.400 is waived or modified, is against public policy and void.

F. Effective Date.

1. The ordinance codified in this O.M.C. Article 8.22.400 takes effect pursuant to Section 216 of the Oakland City Charter.

2. This O.M.C. Article 8.22.400 applies to all terminations of tenancy based on Measure EE subsection (6)(A)(11) (Ellis Act evictions) that commenced before the effective date of this ordinance, but where the notice period for the termination ref tenancy has not expired.

3. Sections 8.22.400 through 8.22.420, 8.22.460 and 8.22.480 apply to all withdrawn units where the termination of tenancy based on Measure EE subsection (6)(A)(11) (Ellis Act) expired or the tenant vacated prior to the effective date of Section 8.22.400. In order for a tenant to be eligible to receive an offer to re-rent the Withdrawn Unit, the tenant must provide an address to the owner within thirty (30) days after the enactment of this section. The rent adjustment program is authorized to record a notice in accordance with subsection 8.22.460(F)(2) for all units where the rent adjustment program receives notice that the units were withdrawn in accordance with Measure EE subsection (6)(A)(11).

(Ord. No. 12539 § 1 (part), 2003)