Leases and Required RAP Notices in Oakland

In Oakland, for all units covered by rent-control, the landlord or the property management company is required to provide the tenant with an Oakland Rent Adjustment Program (RAP) Notice as an Addendum to the lease agreement.  For covered and non-covered units, the landlord is required to post a Notice of the Tenant Protection Ordinance (TPO) in common areas of the building such as the lobby or laundry-room.

Additionally, if there is a Notice to Change the Terms of Tenancy and/or if there is a Notice of Rent Increase, the current RAP Notice is also required to be attached.

A notice of rent increase given without a RAP Notice is invalid, if challenged. Failure to provide tenants with proper notice can extend the time that tenants have to file petitions challenging rent increases.

Because Oakland is enhancing their rent control program, the RAP notices are periodically revised. For example, Oakland enacted a Tenant Protection Ordinance in 2014 to deter harassing behaviors by landlords and to give tenants legal recourse in instances where they are subjected to this harassment. 

In reviewing leases of Oakland tenants, I have discovered that many Owner/Agents attach a RAP notice to the lease but the notice, itself, is outdated, even dating as far back as 2007!

Thus, before signing a new lease, check the date of the RAP notice, if attached, and provide the most recent copy to the landlord if the notice is outdated. And, if no notice is attached, keep a copy of the current RAP notice and file away with your lease. Net, net, landlords are not supposed to "hide the eight ball" (and there are penalties when they do.) The RAP notice is designed to inform you about your legal rights as an Oakland tenant.  On the flip side, some landlords who lease to tenants in exempt units (e.g. units that are not covered by rent control), attach a RAP notice to the lease. This can lead tenants to the incorrect assumption that they are covered by the Oakland Rent Adjustment program. In fact, many tenants who think that are protected by rent control learn that they are not, often when issues between them and the landlord have escalated to threats of eviction.

The current RAP notice, dated 9/23/16, can be found here.

With the recent passage of Measure JJ, the Oakland municipal code will need to be changed; the RAP notice will also require substantial revisions.

To discover whether or not your rental residence in Berkeley is covered by rent control, click here.

For more about San Francisco’s rent control program, click here.

While the City of Richmond and Mountain View residents recently voted for the establishment of rent control, it will take some time to develop the new policies and enact them into municipal law. 

NOTE: With revisions to the Oakland municipal code, there have been substantial changes to the code, the notices, etc. Please check the Oakland Rent Adjustment website for additional information.