Oakland Joins Berkeley and Richmond and Enacts a Rent Registry Program

When landlord tenant relations go sour in Oakland, one of the first questions for a tenant to ask is “Is my unit covered by the Oakland Rent Adjustment program?” One would think that answering that question is simple, but that really isn’t so.

While at the inception of tenancy, a landlord is required to also issue the Oakland RAP notice advising the tenant that their unit is covered by rent control, in some cases, the landlord neglects to issue the notice. In cases where the RAP notice has not been issued, the tenant then has to determine the age of the building and research municipal laws to determine if the age and the number of units in the building qualify the building to be covered by rent control. They can also consult the rent board for assistance all of which takes time.

However, in Berkeley and Richmond, landlords are required to register each rent unit covered by the municipal rent control ordinance. Failure to register rental units is met with financial penalties. All a tenant or prospective tenant needs to do is to check the rent registry (or consult the rent board if they suspect that the landlord failed to register their rental unit.)

Oakland has a population of about 423,000 persons and about 60% of its residents are renters. Whether pushed by the pandemic or the result of progressive city council members, a new program manager, and public pressure, or all of these combined, the creation of rent registry in Oakland was just approved by the City Council.

Beginning March 1, 2023, landlords will be required to register each rental unit covered by the Oakland Rent Adjustment Program, with the city. Such information as the:

• Address of each rental unit;
• Name, address and contact information of the Owner(s);
• Name, address, and contact information of the Property Manager(s);
• Name(s) of the tenant(s), their email address(es);
• Start date of the tenancy and the initial rental rate;
• Effective data of the last rent increase for each rental unit; and
• Amount of the security deposit.

If the landlord fails to timely register the rental units, a financial penalty will be imposed.

If the landlord fails to register the rental units at all, the landlord will not be able to file or to respond to a tenant petition and their failure to register the rental unit will act as an affirmative defense to eviction.

While the rent registry information will be public, the information will be limited to the "bare bones" to protect the privacy of the owner and the tenants. A public information request will reveal more information but private information will be redacted.

It's high time for Oakland to develop a rent registry and I, for one, would like to thank the City Council for taking this progressive action.