Oakland City Council and Rent Program Take Action as it Concerns Owner Move-In Evictions

Recently, I was co-counsel in an owner move-in eviction lawsuit. In contesting the eviction, I discovered ambiguities in or loopholes in the law. I brought these ambiguities to the attention of city council members and, together with other public comment, the Oakland Rent Program members met, proposed, and voted in amendments to the Just Cause Regulations on March 23, 2017. 

To evict a tenant in Oakland, the landlord/owner must provide tenants with a Notice to Terminate Tenancy. In addition to state law notice requirements, there are new notice requirements required relating specifically to Owner Move-In (OMI) evictions. 

Now, Owners conducting OMI evictions must list the following on their Notice to Terminate Tenancy:

8.22.360.A.9(a)(i) “ . . all real property owned by the intended future occupant(s)…”

8.22.360.A.9(a)(iii) “The lawful rent applicable for the unit on the date of the notice.”

8.22.360.A.9(b) “For the purposes of this subdivision (a), real property means a parcel of real estate located in Oakland or elsewhere.”

Previously, landlord’s attorneys argued that only property owned in Oakland was required to be listed. Now, Owners must list ALL real property owned regardless of whether it is located in Oakland, Berkeley, San Francisco or even in Arizona!

Secondly, landlord’s attorneys argued that there was no requirement for the intended occupant, if the Owner's relative, to move in within a specific period of time. So, the Owner would evict on the pretext that their child would move in, but they would also argue that the child could move in at any time after the eviction (even if it took 3 years!)

Now, that has changed in the newly adopted Regulations as follows:

8.22.360.B.8(b)(i) "The Owner must file a completed certificate of an OMI eviction to the rent program within 30-days after a tenant vacates a unit.

8.22.360.B.8(b)(ii) “The Owner or the designated qualifying relative must move in to the unit within three (3) months of the Tenant’s vacation of the unit.”

8.22.360.B.8(b)(iii) “…the Owner must submit a certificate that the Owner or the Owner’s qualifying relative continued to reside or not reside in the unit as a principal residence” and must submit proof of residence in the unit.

The City developed the Rent Adjustment Program, in part, to shield Tenants from unfair evictions. I commend the City Council and the Rent Program for taking notice of public comment and revising the regulations to ensure that both the intent as well as the letter of the law is followed. Hear! Hear!