8 20-0228 Subject: Tenant Protection, Just Cause, & Rent Ordinance Amendments
From: City Attorney Parker, Councilmember Bas And Pro Tem Kalb
Recommendation: Adopt An Ordinance Amending Chapter 8.22 Of The Oakland Municipal Code (Residential Rent Adjustments And Evictions) To (1) Limit The Maximum Rent Increase In Any One Year To Conform To State Law; (2) Make Failure To Pay Required Relocation Benefits An Affirmative Defense To Eviction; (3) Limit Late Fees; (4) Prohibit Unilaterally Imposed Changes To Terms Of Tenancy; (5) Add One-For-One Replacement Of Roommates To The Definition Of Housing Services; (6) Prohibit Eviction Based On Additional Occupants If Landlord Unreasonably Refused Tenant's Written Request To Add Occupant(S); And (7) Strengthen Tenants' Rights And Enforcement Of Tenants' Rights Under The Tenant Protection Ordinance [TITLE CHANGE]
I am a tenant in D5 and live in a two-bedroom apartment with my partner. We’d love to move in one of our friends who is housing insecure, but for now, the room sits unused because doing so would make us vulnerable to eviction. It’s ridiculous that spaces should go unused during a housing crisis. At my previous house, I had to turn away several potential roommates of color and sign a lease with 3 white friends from high school so that my friend - a trans, disabled person of color with medical debt - could live with us. We needed their white privilege, and high credit scores, to be able to average out theirs. If this ordinance existed earlier, we would have been able to add them as a subtenant and not be limited to signing a lease with the most privileged tenants. Passing this ordinance will go a long way in making housing more accessible for those that need it the most.
Hello, my name is Felicity, and I am an Oakland tenant/homeowner/landlord/resident in district 5. I’m calling to urge you to pass strong upgrades to Oakland’s tenant protections on Monday. Now more than ever, it is imperative to protect tenants from abuse and harassment. We need to make sure the laws stop bad actors from displacing more tenants of color from Oakland. We must protect our community.
Will you support the Tenant Protection Upgrade and vote to pass it?
My name is Ashkon Davaran. Without these much needed tenant protections many of my neighbors will be evicted from their homes. These are hard working, good people that have simply lost work due to the pandemic. The evictions that would result from a lack of tenant protections will further widen the wealth gap, increase racial inequality and punish the most vulnerable of Oakland’s citizens the hardest. This is a hard time for everyone to manage, but we have to put things in perspective and not allow this pandemic to disproportionately impact folks who are already vulnerable.
As a small owner and a black woman who worked hard to keep my property through the good and the bad times here in Oakland. I have never felt as under attack as I do now. To force me to accept strangers into the home where I live is outright insane. What owner would stay in business in this climate. To vote yes on this measure is saying to small owners you are no longer welcome here in Oakland.
Hello, my name is Xueting Eeo, and I am an Oakland tenant in the Longfellow district. I’m commenting to urge you to pass strong upgrades to Oakland’s tenant protections on Monday. Now more than ever, it is imperative to protect tenants from abuse and harassment. We need to make sure the laws stop bad actors from displacing more tenants of color from Oakland. Please support the Tenant Protection Upgrade.
I also support the proposed Right to Recall ordinance. Workers need the City Council to act now to give them some hope and make sure that they aren't left behind in the economic recovery. Workers who have been laid off due to the Covid pandemic should have the opportunity to get their old jobs back before companies start hiring new employees. It's only fair that these workers should have the first chance at coming back to work. Please vote yes on the Right to Recall Ordinance today!
Lastly, I support the Equitable Business Tax Measure as proposed. Large corporations have profited from the pandemic while small businesses and low-income residents and communities of color have been suffering from decreased city services like homelessness resources and community maintenance. Corporations that make over $50M are currently taxed at the same rate as small businesses making $50K. I support corporations paying their fair share. Don't wait! Please put the Equitable Business Tax proposal, as-is, on the November Ballot.
I am an Oakland tenant in District 2. I strongly urge you to support the Tenant Protection upgrades. These essential amendments protect the members of our community who are already vulnerable and face threats to losing their residence due to racism and corporate greed. Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. The corporate landlord business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW.
We are thankful that Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker, have sponsored these important protections for Oakland tenants. We urge you and the other city councilmembers to join them.
Correspondence outlining potential liability on the following grounds has been submitted to the City Council and the City Attorney:
1. Section 8.22.360.2b of the amendments exposes the City to claims under the Takings Clause of the U.S. Constitution.
2. Sections 8.22.360.2b and 8.22.020 of the amendments expose the City to substantive due process challenges under the U.S. Constitution.
3. The amendments pose Contract Clause implications for Oakland and may give rise to litigation.
4. Section 8.22.640.G of the amendments is preempted by State ADU Law.
Renters have been left holding the bag for the economic upset of Covid 19. The federal government has left us to die in the streets. We can not rebuild our city without rent protections
Tenant protections like these are vital for the health and safety of Oakland. This is only the very least of what needs to be done to ensure we all have safe and secure housing. That's my goal, shouldn't it be my government's?
I'm a homeowner in District 6 and I strongly believe that tenants need more protections. These are upgrades are helpful improvements to keep our communities together and housed while laying out clearer expectation and standards for what it means to be a landlord and home provider for Oaklanders. These amendments will keep us all healthier and safer. Please pass these amendments today!
Hello, my name is Chelsea, and I am an Oakland tenant in district 3. I’m calling to urge you to pass strong upgrades to Oakland’s tenant protections on Monday. Now more than ever, it is imperative to protect tenants from abuse and harassment. We need to make sure the laws stop bad actors from displacing more tenants of color from Oakland.
Will you support the Tenant Protection Upgrade and vote to pass it?
I'm a tenant in District 1. Please support these upgrades to tenant protection! Particularly in this difficult time, it's important that we provide protection to renters citywide.
My name is Cherri Murphy.
I am a Social Justice Minister in East Bay.
I live in District 5, Fruitvale area.
Thank you Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker for these important tenant upgrades to protect oakland renters from being harassed and intimidated out of their homes. I am expecting the rest of the councilmembers to agree with protecting working- class communities from landlord harassment during and after Covid crisis. Thank you.
The proposed changes are a potential threat to the health and safety of tenants. Allowing tenants to open their doors permanently to whoever they want with no controls in place will inevitably lead to displacement of good hardworking people. The Oakland TPO is already very strict and all too often good residents are forced to move as a result of the owners hands being tied when it comes to dealing with problem tenants.
We live in one unit of our triplex with our tenants, so per Oakland we are Small Business Owners. We've owned this property for 15 years (lived in Oakland for 20 years), stuck it out even when we were underwater during the housing bust (i have the appraisal to prove it) . Our tenants are WAY under market rate, since we've always treated our tenants as the neighbors they are. Now we are being punished for being "The nice guy" PERMANENTLY thanks to measure Y and the subsequent removal of the owner occupied exemption.
now you want to make it LEGAL for our tenants to move in COMPLETE STRANGERS into OUR HOME with no background check, nothing. and if our tenants leave, THESE STRANGERS will automatically become our tenants. and also thanks to your reckless laws, these STRANGERS can live rent free thanks to the covid ordinance. and they DO NOT even have to show prove they can not pay. We should not be HELD HOSTAGE IN OUR OWN HOMES. Many Owners living in their rental properties are SENIORS on fixed income that do not stand a chance physically against a HOSTILE TENANT, if that situation arises.
It goes without saying once our tenants leave, our units will be taken off the market, no Owner or Small Business would ever risk their LIFE for the sake of having someone living for free in their home. Please reconsider this measures that is anti- housing. (Since no one will be incentivized to open up homes to rent nor build new housing).
This is not going to create more rental housing in Oakland. I can't think why anyone would care to subject themselves to the increasing burden of taxation and regulation you are creating by building an ADU, purchasing a small rental property, or building larger new housing units (unless you are exempting new construction??). You have to leave an owner some control over their own property or there is just not enough incentive to bother. I suggest you stop mimicking Berkeley because years and years of Berkeley rent restriction laws have not solved the housing shortage problem there and have lead to a city that has almost no place left for lower income residents. The real solution to housing shortage and high costs is either fewer people, less demand (which is already showing up in San Francisco due to the economic fall out from the virus) or more housing. The actions you are taking are not favoring more housing. I think some of you need to go back to Econ 101.
Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. A wave of corporate landlords have bought up large parts of Oakland's rental housing stock. Their business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Despite our existing laws against tenant harassment, this behavior by bad actor landlords is still an effective way of removing tenants from their homes.
We are seeing devastating impacts from the COVID-19 pandemic on our community. The aftermath of COVID-19 is only going to worsen Oakland’s housing crisis. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW.
We are thankful that Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker, have sponsored these important protections. We urge you and the other city councilmembers to join them.
Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. A wave of corporate landlords have bought up large parts of Oakland's rental housing stock. Their business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Despite our existing laws against tenant harassment, this behavior by bad actor landlords is still an effective way of removing tenants from their homes.
We are seeing devastating impacts from the COVID-19 pandemic on our community. The aftermath of COVID-19 is only going to worsen Oakland’s housing crisis. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW.
We are thankful that Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker, have sponsored these important protections. We urge you and the other city councilmembers to join them.
These protections are critical for our community now! Please pass them today!
Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. A wave of corporate landlords have bought up large parts of Oakland's rental housing stock. Their business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Despite our existing laws against tenant harassment, this behavior by bad actor landlords is still an effective way of removing tenants from their homes.
We are seeing devastating impacts from the COVID-19 pandemic on our community. The aftermath of COVID-19 is only going to worsen Oakland’s housing crisis. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW
I am a tenant in D5 and live in a two-bedroom apartment with my partner. We’d love to move in one of our friends who is housing insecure, but for now, the room sits unused because doing so would make us vulnerable to eviction. It’s ridiculous that spaces should go unused during a housing crisis. At my previous house, I had to turn away several potential roommates of color and sign a lease with 3 white friends from high school so that my friend - a trans, disabled person of color with medical debt - could live with us. We needed their white privilege, and high credit scores, to be able to average out theirs. If this ordinance existed earlier, we would have been able to add them as a subtenant and not be limited to signing a lease with the most privileged tenants. Passing this ordinance will go a long way in making housing more accessible for those that need it the most.
Hello, my name is Felicity, and I am an Oakland tenant/homeowner/landlord/resident in district 5. I’m calling to urge you to pass strong upgrades to Oakland’s tenant protections on Monday. Now more than ever, it is imperative to protect tenants from abuse and harassment. We need to make sure the laws stop bad actors from displacing more tenants of color from Oakland. We must protect our community.
Will you support the Tenant Protection Upgrade and vote to pass it?
Thank you for your time.
Sincerely,
Protect Oakland Renters Committee
My name is Ashkon Davaran. Without these much needed tenant protections many of my neighbors will be evicted from their homes. These are hard working, good people that have simply lost work due to the pandemic. The evictions that would result from a lack of tenant protections will further widen the wealth gap, increase racial inequality and punish the most vulnerable of Oakland’s citizens the hardest. This is a hard time for everyone to manage, but we have to put things in perspective and not allow this pandemic to disproportionately impact folks who are already vulnerable.
As a small owner and a black woman who worked hard to keep my property through the good and the bad times here in Oakland. I have never felt as under attack as I do now. To force me to accept strangers into the home where I live is outright insane. What owner would stay in business in this climate. To vote yes on this measure is saying to small owners you are no longer welcome here in Oakland.
Hello, my name is Xueting Eeo, and I am an Oakland tenant in the Longfellow district. I’m commenting to urge you to pass strong upgrades to Oakland’s tenant protections on Monday. Now more than ever, it is imperative to protect tenants from abuse and harassment. We need to make sure the laws stop bad actors from displacing more tenants of color from Oakland. Please support the Tenant Protection Upgrade.
I also support the proposed Right to Recall ordinance. Workers need the City Council to act now to give them some hope and make sure that they aren't left behind in the economic recovery. Workers who have been laid off due to the Covid pandemic should have the opportunity to get their old jobs back before companies start hiring new employees. It's only fair that these workers should have the first chance at coming back to work. Please vote yes on the Right to Recall Ordinance today!
Lastly, I support the Equitable Business Tax Measure as proposed. Large corporations have profited from the pandemic while small businesses and low-income residents and communities of color have been suffering from decreased city services like homelessness resources and community maintenance. Corporations that make over $50M are currently taxed at the same rate as small businesses making $50K. I support corporations paying their fair share. Don't wait! Please put the Equitable Business Tax proposal, as-is, on the November Ballot.
Thank you for your time.
I am an Oakland tenant in District 2. I strongly urge you to support the Tenant Protection upgrades. These essential amendments protect the members of our community who are already vulnerable and face threats to losing their residence due to racism and corporate greed. Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. The corporate landlord business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW.
We are thankful that Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker, have sponsored these important protections for Oakland tenants. We urge you and the other city councilmembers to join them.
Correspondence outlining potential liability on the following grounds has been submitted to the City Council and the City Attorney:
1. Section 8.22.360.2b of the amendments exposes the City to claims under the Takings Clause of the U.S. Constitution.
2. Sections 8.22.360.2b and 8.22.020 of the amendments expose the City to substantive due process challenges under the U.S. Constitution.
3. The amendments pose Contract Clause implications for Oakland and may give rise to litigation.
4. Section 8.22.640.G of the amendments is preempted by State ADU Law.
Renters have been left holding the bag for the economic upset of Covid 19. The federal government has left us to die in the streets. We can not rebuild our city without rent protections
Tenant protections like these are vital for the health and safety of Oakland. This is only the very least of what needs to be done to ensure we all have safe and secure housing. That's my goal, shouldn't it be my government's?
I'm a homeowner in District 6 and I strongly believe that tenants need more protections. These are upgrades are helpful improvements to keep our communities together and housed while laying out clearer expectation and standards for what it means to be a landlord and home provider for Oaklanders. These amendments will keep us all healthier and safer. Please pass these amendments today!
Hello, my name is Chelsea, and I am an Oakland tenant in district 3. I’m calling to urge you to pass strong upgrades to Oakland’s tenant protections on Monday. Now more than ever, it is imperative to protect tenants from abuse and harassment. We need to make sure the laws stop bad actors from displacing more tenants of color from Oakland.
Will you support the Tenant Protection Upgrade and vote to pass it?
Thank you for your time.
I'm a tenant in District 1. Please support these upgrades to tenant protection! Particularly in this difficult time, it's important that we provide protection to renters citywide.
Typical, More poorly thought out ordinances attempting to amend poorly thought out ordinances.
My name is Cherri Murphy.
I am a Social Justice Minister in East Bay.
I live in District 5, Fruitvale area.
Thank you Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker for these important tenant upgrades to protect oakland renters from being harassed and intimidated out of their homes. I am expecting the rest of the councilmembers to agree with protecting working- class communities from landlord harassment during and after Covid crisis. Thank you.
The proposed changes are a potential threat to the health and safety of tenants. Allowing tenants to open their doors permanently to whoever they want with no controls in place will inevitably lead to displacement of good hardworking people. The Oakland TPO is already very strict and all too often good residents are forced to move as a result of the owners hands being tied when it comes to dealing with problem tenants.
We live in one unit of our triplex with our tenants, so per Oakland we are Small Business Owners. We've owned this property for 15 years (lived in Oakland for 20 years), stuck it out even when we were underwater during the housing bust (i have the appraisal to prove it) . Our tenants are WAY under market rate, since we've always treated our tenants as the neighbors they are. Now we are being punished for being "The nice guy" PERMANENTLY thanks to measure Y and the subsequent removal of the owner occupied exemption.
now you want to make it LEGAL for our tenants to move in COMPLETE STRANGERS into OUR HOME with no background check, nothing. and if our tenants leave, THESE STRANGERS will automatically become our tenants. and also thanks to your reckless laws, these STRANGERS can live rent free thanks to the covid ordinance. and they DO NOT even have to show prove they can not pay. We should not be HELD HOSTAGE IN OUR OWN HOMES. Many Owners living in their rental properties are SENIORS on fixed income that do not stand a chance physically against a HOSTILE TENANT, if that situation arises.
It goes without saying once our tenants leave, our units will be taken off the market, no Owner or Small Business would ever risk their LIFE for the sake of having someone living for free in their home. Please reconsider this measures that is anti- housing. (Since no one will be incentivized to open up homes to rent nor build new housing).
This is not going to create more rental housing in Oakland. I can't think why anyone would care to subject themselves to the increasing burden of taxation and regulation you are creating by building an ADU, purchasing a small rental property, or building larger new housing units (unless you are exempting new construction??). You have to leave an owner some control over their own property or there is just not enough incentive to bother. I suggest you stop mimicking Berkeley because years and years of Berkeley rent restriction laws have not solved the housing shortage problem there and have lead to a city that has almost no place left for lower income residents. The real solution to housing shortage and high costs is either fewer people, less demand (which is already showing up in San Francisco due to the economic fall out from the virus) or more housing. The actions you are taking are not favoring more housing. I think some of you need to go back to Econ 101.
Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. A wave of corporate landlords have bought up large parts of Oakland's rental housing stock. Their business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Despite our existing laws against tenant harassment, this behavior by bad actor landlords is still an effective way of removing tenants from their homes.
We are seeing devastating impacts from the COVID-19 pandemic on our community. The aftermath of COVID-19 is only going to worsen Oakland’s housing crisis. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW.
We are thankful that Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker, have sponsored these important protections. We urge you and the other city councilmembers to join them.
Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. A wave of corporate landlords have bought up large parts of Oakland's rental housing stock. Their business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Despite our existing laws against tenant harassment, this behavior by bad actor landlords is still an effective way of removing tenants from their homes.
We are seeing devastating impacts from the COVID-19 pandemic on our community. The aftermath of COVID-19 is only going to worsen Oakland’s housing crisis. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW.
We are thankful that Councilmembers Dan Kalb and Nikki Fortunato Bas, and City Attorney Barbara Parker, have sponsored these important protections. We urge you and the other city councilmembers to join them.
These protections are critical for our community now! Please pass them today!
Even before the COVID-19 pandemic reached California, Oakland faced a housing affordability crisis that threatened our public health, safety, and community stability. A wave of corporate landlords have bought up large parts of Oakland's rental housing stock. Their business model depends on displacing long-term black and brown tenants living in rent-controlled units so that they can rent out their units at higher, inflated prices. Despite our existing laws against tenant harassment, this behavior by bad actor landlords is still an effective way of removing tenants from their homes.
We are seeing devastating impacts from the COVID-19 pandemic on our community. The aftermath of COVID-19 is only going to worsen Oakland’s housing crisis. Without strong protections, Oakland’s communities of color are on the verge of an avalanche of displacement from which they, and the city’s diversity, may never recover. While the city has taken steps to protect tenants by passing an eviction moratorium, some landlords are continuing to attempt to intimidate tenants into leaving. Now, and as we recover from this pandemic, City Council must act to keep Oakland residents safe and housed.
Oakland residents need our City Council to pass strong Tenant Protection upgrades NOW