Oakland Municipal Code Art. IX Equitable Access to Low-Income ("EQUAL") Housing Ordinance

This Chapter shall be known as the Equitable Access to Low-income ("EQUAL") Housing Ordinance.

(Ord. No. 13559, § 1, 7-16-2019)

The purpose of this Chapter is to redress the severe housing crisis in Oakland by ensuring that all persons with the ability to pay for housing are considered for housing, regardless of whether they receive a housing subsidy or housing assistance of any kind.

(Ord. No. 13559, § 1, 7-16-2019)

"Housing Assistance" means any benefit or subsidy from any federal, state, local, or nonprofit-administered program, including, but not limited to, housing and rental assistance programs, homeless assistance programs, security deposit assistance programs, housing subsidy programs, and any requirement of any such programs. "Housing Assistance" does not include any benefit or subsidy that is paid directly to the tenant.

"Owner" means an owner, real estate broker, trustee, receiver, or any person having any legal or equitable right of ownership or the right to rent or lease rental units, or an agent, representative, or successor of any of the foregoing.

"Rent" has the same meaning as in O.M.C. 8.22.340.

"Rental Agreement" has the same meaning as in O.M.C. 8.22.340.

"Rental Unit" means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.

"Tenant" has the same meaning as in O.M.C. 8.22.340.

(Ord. No. 13559, § 1, 7-16-2019)

A. This Chapter shall apply to all rental units, except any rental unit as described in O.M.C. 8.22.630(B)(2)—(4) and accommodations in motels, hotels, inns, tourist houses, rooming houses, and boarding houses, provided that such accommodations are not occupied by the same tenant for thirty (30) or more continuous days.

B. Nothing in this Chapter shall be construed to apply to the renting or leasing of any rental unit that meets the following criteria:

1. The owner, or any member of his or her family, occupies the rental unit, and

2. The owner, or any member of his or her family, shares a bathroom or kitchen facility in common with the tenant.

(Ord. No. 13559, § 1, 7-16-2019)

It is unlawful for any owner to do or attempt to do any of the following that is wholly or partially based on receipt of housing assistance:

A. To refuse to rent; to require different terms for renting;

B. To misrepresent that a rental unit is unavailable for rent;

C. To include in the terms or conditions of a rental agreement any clause, condition, or restriction, unless those clauses, conditions, or restrictions are required from the source of housing assistance to receive such assistance;

D. To refuse or restrict facilities, services, repairs, or improvements for any current tenant or applicant;

E. To serve a notice of termination of tenancy; commence an unlawful detainer action; or otherwise deny or withhold the use of a rental unit;

F. To make, print, publish, advertise, or disseminate in any way, or cause to be made printed or published, advertised or disseminated in any way, any notice, statement, or advertisement with respect to a rental, that unlawfully indicates preference, limitation, or prejudice based on receipt of housing assistance;

G. To use a financial or income standard for rental housing that gives preferential treatment to income earned, or rental payments made, directly by an applicant over housing assistance, or that discounts or discriminates against housing assistance.

(Ord. No. 13559, § 1, 7-16-2019)

A. Enforcement of Civil Remedies. A civil action to enforce the provisions of this Chapter may be filed by:

1. Any aggrieved current tenant or person;

2. The City Attorney; or

3. Any organization that:

i. Has tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4);

ii. Has a mission of protecting the rights of tenants in Oakland or Alameda County; and

iii. Will fairly and adequately represent the interests of the aggrieved current tenant or person or a protected class.

B. Equitable Relief. Any owner who commits, proposes to commit, or aids another in committing an act that violates this Chapter may be enjoined therefrom by any court of competent jurisdiction. The court may also award any further relief it deems proper, including but not limited to restitution.

C. Civil Liability. Any owner who violates, or any person who aids another to violate, any provision of this Chapter shall be liable for the following monetary damages:

1. In any action brought by any aggrieved current tenant or person or any organization defined under O.M.C. 8.22.960(A)(3) or pursuant to this Chapter, the owner shall be liable for (a) three (3) times the greater of either (1) actual damages, (2) one (1) month's rent that the owner charges for the rental unit in question, or (3) the HUD small area fair market rent of such rental unit, and (b) litigation costs and reasonable attorney's fees. All damages shall be awarded to the current tenant or person whose rights were violated. The court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that Code Section or any successor thereto, pursuant to standards for punitive damages set by state law.

2. The City Attorney may file an action against an owner that the City Attorney believes has violated provisions of this Chapter. Such an action may include requests for equitable relief (e.g., injunctions and restitution), and recovery of costs and reasonable attorney's fees. The City Attorney has sole discretion to determine whether to bring such an action.

D. Criminal Penalties.

1. Infraction. Any owner who violates, or any person who aids another to violate, any provision of this Chapter shall be guilty of an infraction for the first offense.

2. Misdemeanor. Any owner who violates, or any person who aids another to violate, any provision of this Chapter multiple times shall be guilty of a misdemeanor.

E. General Remedies. The remedies available in this Chapter are not exclusive and may be used cumulatively with any other remedies in this Chapter or at law.

(Ord. No. 13559, § 1, 7-16-2019)

A. Non-Waivability. The provisions of this Chapter may not be waived. Any term of any rental agreement, lease, contract, application for rental of a unit, or other agreement which purports to waive or limit a current tenant's or person's substantive or procedural rights under this Chapter is contrary to public policy, unenforceable, and void.

B. Retaliation Prohibited. Retaliation against a person because of the person's exercise of rights under this Chapter is prohibited and constitutes a violation of this Chapter. Retaliation claims may only be brought in court and may not be addressed administratively.

C. Administrative Burden. While landlords may face some administrative burdens to receive housing assistance, new or greater administrative burden associated with receiving housing assistance is not a defense to any violation of this Chapter.

D. Rules and Regulations. The City Administrator is authorized to create and amend rules and regulations, and forms consistent with this Chapter.

(Ord. No. 13559, § 1, 7-16-2019)