Agenda Item
4 23-0821 Subject: Amendment To Rent Ordinance And Rent Adjustment Program Regulations
From: Housing And Community Development Department
Recommendation: Adopt The Following Pieces Of Legislation:
1) Adopt An Ordinance Amending Chapter 8.22 Of The Oakland Municipal Code To (1) Amend The Rent Adjustment Program Ordinance To (A) Remove The Requirement That A Tenant Be Current On Rent In Order To File Or Respond To A Petition With The Rent Adjustment Program; (B) Increase Restitution Period For Decreased Housing Service Petitions; (C) Clarify Certificates Of Exemption Following Change In Law Or Circumstances; And (D) Make Other Clarifying Changes; And (2) Amend The Ellis Act Ordinance To Be Consistent With State Law; And
I am an Oakland Tenants Union member and I support this amendment
The notion that a tenant has legal standing without being current on their rent is unconscionable and has no basis in legal theory. At a very fundamental level a lease is a legal contract – if one party is in default, then they do not have the standing to push for changes to that contract. Oakland’s Rent Adjustment Program is one of the most tenant friendly programs in the Bay Area. There is no need to further relax it and punish small business landlords who tend to be disproportionately impacted by these measures.
Currently, tenants must be “current” on rent to file or respond to a petition. By current, that means they have paid rent in full from August 2023 onward. If they did not pay rent between March 2020 to July 2023, but decided to start paying from August 2023 onward, they are by definition "current" on rent. However, the Rent Adjustment Program intends to remove this requirement, which would allow tenants with three years of overdue rent to file a petition against you, even if they still owe potentially thousands of dollars in rent.
This is the ONE condition that tenants are expected to meet, but they plan to remove it. In contrast, landlords must adhere to FOUR requirements just to file or respond to a petition. These requirements include providing proof of business license, proof of RAP fee payment, proof of registration with the rent registry, and proof that you have served the RAP notice on the tenant. These requirements are intended to limit property owners from accessing program services and filing a response to litigious tenants, while essentially making this process completely accessible to tenants, despite not paying rent.
By making it harder to collect rent you deter housing providers from investing in Oakland and in the long run reduce the housing supply, exacerbating the housing crisis. Very short sighted!!