Emergency Moratorium on Residential Rent Increases and Evictions 21-22

Emergency Moratorium Established

On March 9, 2020, the Oakland City Administrator issued a proclamation of Local Emergency, which was ratified by the Oakland City Council on March 12, 2020, due to the novel coronavirus COVID-19 pandemic. On March 27, 2020, the Oakland City Council adopted an ordinance imposing a moratorium on residential evictions, rent increases above the Consumer Price Index (CPI) and prohibiting late fees during the Local Emergency. The Ordinance also prohibits evictions based on nonpayment of rent that became due during the Local Emergency when the tenant suffered a substantial reduction of income or substantial increase of expenses due to COVID-19.

On July 21, 2020 City Council extended the eviction moratorium through the end of the Local Emergency.

*Please note: The Emergency Moratorium on Rent Increases and Evictions only applies to tenancies regulated under the Oakland Just Cause for Eviction and the Oakland Rent Adjustment Ordinances. The following is a summary. For complete information, please consult the full text of the Emergency Eviction Ordinance and the Emergency Eviction Ordinance Extension. Commercial tenants who have questions about the eviction moratorium should contact Business Development at busdev@oaklandca.gov.

Ordinance Established Moratoriums

Most Evictions

Most evictions are banned during the Local Emergency. Evictions where the tenant poses an imminent threat to the health or safety of other occupants and Ellis Act evictions are exceptions.

Evictions for Nonpayment of Rent that Became Due During the Local Emergency

A property owner cannot evict a tenant for failure to pay rent during the Local Emergency if the rent was unpaid due to a substantial loss of income or an increase in expenses resulting from the coronavirus pandemic. This includes, but is not limited to the following:

• the tenant suffered a loss of employment or a reduction in hours;
• the tenant was unable to work because their children were out of school;
• the tenant was unable to work because they were sick with COVID-19 or caring for a household or family member who was sick with COVID-19; or
• the tenant incurred substantial out-of-pocket medical expenses.

The tenant is still obligated to pay rent owed during the Local Emergency. The Emergency Eviction Moratorium does not relieve the tenant of liability for unpaid rent.

Residential Late Fees

For residential tenancies, no late fees may be imposed for unpaid rent that became due during the Local Emergency if the rent was late for reasons resulting from the COVID-19 pandemic.

Rent Increase

The moratorium prohibits rent increases above 1.9% of the CPI unless required to provide a fair return. The new allowable annual rent increase of 2.5% begins August 1, 2023, and ends July 31, 2024. Property owners contemplating a rent increase during the Local Emergency should contact the Rent Adjustment Program and speak with a housing counselor. Contact information for RAP can be found at the bottom of this page.

Additional Provisions

Good Samaritan Temporary Rent Decrease

A property owner and tenant may agree in writing to a temporary rent reduction without the owner losing the right to raise the rent back to the rate established before the temporary rent reductions. Owners must still comply with all noticing requirements for rent increases, unless the agreement specifically states when the rent will return to the original rent amount.

Notice Requirements

The Emergency Eviction Ordinance has very specific noticing requirements. For notices required for evictions and rent increases during the moratorium, please see the Ordinance for specific language.

If you are unsure or have questions about your situation, please contact the Rent Adjustment Program. Our contact information can be found at the bottom of this page.

Frequently Asked Questions

Translated Versions of the Emergency Eviction Moratorium Info Sheet and Frequently Asked Questions

Emergency Eviction Moratorium Info Sheets

• Emergency Moratorium on Rent Increases and Evictions (English)(PDF, 225KB)
• Tenant Repayment Negotiation Information Sheet (English)(PDF, 311KB)
• 房租漲價與驅離緊急暫停法令/Emergency Moratorium on Rent Increases and Evictions (Chinese)(PDF, 336KB)
• Moratoria de Emergencia sobre los Incrementos del Alquiler y los Desalojos/Emergency Moratorium on Rent Increases and Evictions (Spanish)(PDF, 225KB)
• បទបញ្ជាបណ្តោះអាសន្នទៅលើការឡើងថ្លៃផ្ទះ និងការបណ្តេញចេញជាបន្ទាន់/Emergency Moratorium on Rent Increases and Evictions (Khmer)(PDF, 234KB)
• Tạm Ngưng Khẩn Cấp Hành Động Tăng Tiền Thuê và Đuổi Nhà/Emergency Moratorium on Rent Increases and Evictions (Vietnamese)(PDF, 311KB)
• أمر التأجيل الطارئ لسداد الزيادات الإيجارية وعمليات الإخلاء/Emergency Moratorium on Rent Increases and Evictions (Arabic)(PDF, 280KB)
• 임대료인상 및 퇴거에 관한 긴급 모라토리엄(긴급 일시적 지불유예)/Emergency Moratorium on Rent Increases and Evictions (Korean)(PDF, 312KB)
• Emerhensyang Moratoryum sa Pagtaas ng Renta at Pag-Evict/Emergency Moratorium on Rent Increases and Evictions (Tagalog)(PDF, 218KB)

Emergency Moratorium on Rent Increases and Evictions Frequently Asked Questions (FAQ)

• Emergency Moratorium on Rent Increases and Evictions FAQ (English)(PDF, 197KB)
• 緊急暫停實施租金調漲和迫遷常見問題/Emergency Moratorium on Rent Increases and Evictions FAQ (Chinese)(PDF, 209KB)
• Moratoria de emergencia sobre los aumentos de alquiler y los desalojos Preguntas frecuentes/Emergency Moratorium on Rent Increases and Evictions FAQ (Spanish)(PDF, 155KB)
• សំណួ រញឹកញាប់នៃបទបញ្ជា បណ្ត ោះអាសៃននៃការតណ្លើងនលលជួល ៃិងការ បណណត ញណេញ /Emergency Moratorium on Rent Increases and Evictions FAQ (Khmer)(PDF, 221KB)
• Tạm Ngưng Khẩn Cấp Hành Động Tăng Tiền Thuê và Đuổi Nhà Các Câu Hỏi Thường Gặp (FAQ)/Emergency Moratorium on Rent Increases and Evictions FAQ (Vietnamese)(PDF, 207KB)
• أمر اإليجارات لزيادلسداد االطارئ التأجيل ية وعمليات اإلخالء األسئلة الشائعة/Emergency Moratorium on Rent Increases and Evictions FAQ (Arabic)(PDF, 241KB)
• 임대료인상 및 퇴거에 관한 긴급 모라토리엄 (긴급 일시적 지불유예) 자주 묻는 질문들 (FAQ)/Emergency Moratorium on Rent Increases and Evictions FAQ (Korean)(PDF, 510KB)
• Emerhensyang Moratoryum sa Pagtaas ng Renta at Pag-Evict Madalas na Katanungan (FAQ)/Emergency Moratorium on Rent Increases and Evictions FAQ (Tagalog)(PDF, 99KB)

Emergency Moratorium Amendment

On July 21, 2020, Oakland City Council amended the Ordinances on eviction commercial and residential moratoriums(PDF, 191KB) to conform to the Local Emergency and the Governor's Executive Order.

1. The residential eviction defense to non-payment of rent due to COVID-19 will expire at the end of the Local Emergency as declared by Oakland City Council.
2. The commercial eviction defense to non-payment of rent due to COVID-19 conformed with the Governor's Executive Order and expired on September 30, 2021. This does not impact Oakland's residential eviction moratorium. Commercial tenants and property owners can find resources here.

The eviction moratorium covers residential renters.

This ordinance extends the eviction moratorium that was originally adopted by City Council on Friday, March 27, 2020.

The extended moratorium will prohibit most evictions, effective immediately and continuing through the end of the Local Emergency. Additionally, the moratorium prohibits residential rent increases above 2.7% (the Consumer Price Index, or CPI) and prohibits any late fees related to COVID-19 issues in residential units. Unpaid rent will still be due, and the moratorium does not relieve tenants of the obligation to pay unpaid back rent in the future.

The full text of the March 27th ordinance and the full text of the May 19th ordinance are available online.

Residential tenants and property owners may contact the Rent Adjustment Program for questions by calling (510) 238-3721 or sending e-mail to RAP@oaklandca.gov. Rent Adjustment Program information is also online.

Ending of Emergency Moratorium

Advisory Notice: On May 2, 2023, City Council had a second reading for final passage of legislation to sunset the COVID-19 Eviction Moratorium, as well as to add new permanent tenant protections. For questions about the end of the City's moratorium, contact a RAP Housing Counselor at 510-238-3721 or RAP@oaklandca.gov. Read the legislation(PDF, 276KB).

Oakland Eviction Moratorium Phase-Out

On May 2, 2023, the Oakland City Council passed legislation to end the COVID-19 Eviction Moratorium as well as to add new permanent tenant eviction protections.

The City Council had adopted the Eviction Moratorium in response to the COVID-19 pandemic in March of 2020. That moratorium protected tenants covered by the Rent Adjustment Ordinance (RAO) and the Just Cause Ordinance (JCO) in three ways:

First, by Prohibiting any eviction except on health and safety grounds or Ellis Act grounds. The Ellis Act is a state law that allows property owners to terminate tenancies in order to permanently remove their residential units from the rental market (Eviction Moratorium);

Second, by Prohibiting any late fees for non-payment of rent (Late Fee Moratorium); and

Third, by Prohibiting any rent increases above for the annual Consumer Price Index (CPI) adjustment or any RAP petition approved increase except for those based on Fair Return grounds (Rent Increase Moratorium.)

What changed and is now law as of May 2, 2023:(PDF, 276KB)

First, the Eviction Moratorium and the Late Fee Moratorium ended on July 14, 2023.

Property owners of units covered under the Just Cause for Eviction Ordinance can now terminate tenancies based on any of the just causes listed in the Ordinance.

Also, Property owners can now charge late fees.

Note: Under the Tenant Protection Ordinance (MuniCode Section 8.22.640.H), late fees may not be imposed except if provided for in a written rental agreement. However, late payment fees cannot exceed a total of three percent (3%) of the monthly rent for each payment of rent and may only be applied for rent which is five (5) or more days overdue. This late restriction only applies if the applicable written rental agreement was entered into or renewed on or after April 16, 2020.

Second, the Rent Increase Moratorium ended on June 30, 2024.

• Under the Rent Increase Moratorium, annual rent increases for units covered under the Rent Adjustment Ordinance were capped at the CPI, with no pass-throughs (petition-approved rent increases, such as for capital improvements) or banking. After June 30, 2024, property owners of these rental units can collect on any RAP-approved increase as well as banked increases (within the Ordinance restrictions.)

Other Just Cause Ordinance Changes Effective May 2, 2023:

• Tenants cannot be evicted for non-payment of rent that accrued between March 9, 2020 and July 14, 2023 if the rent was unpaid due to financial hardship caused by the COVID-19 pandemic. Property owners can pursue collection of this rental debt in small claims or civil court.
• For evictions based on a violation of the lease, the property owner must show that the breach is based on a reasonable term that the tenant accepted in writing.
• Tenants cannot be evicted for owing less than 1 month of the fair market rent (‘FMR') for the unit size as determined by the Department of Housing and Urban Development.
• Occupancy limitations are determined by the maximum number permitted in the unit under state law and/or local codes such as the Building, Fire, Housing and Planning Codes. The previous occupancy standards of two persons in a studio unit, three persons in a one-bedroom unit, four persons in a two-bedroom unit, six persons in a three-bedroom unit, or eight persons in a four-bedroom unit was eliminated.

Pre- and Post-Rent Increase Moratorium Rent Increases

Date Rent Increase Started	Annual CPI Rate	Allowable Banked CPI	Maximum Rent Increase Allowed Without RAP Petition*
August 1, 2023 - June 30, 2024	2.5%	0%	2.5%
July 1, 2024 - July 31, 2024	2.5%	Up to 5%	7.50%
August 1, 2024 - July 31, 2025	2.3%	Up to 4.6%	6.90%

*When combined with a RAP-approved rent increase, an annual rent increase cannot exceed the state cap. The current state cap, effective August 1, 2024, is 8.8%.

Rent Increases that Became Effective Between March 8, 2020, and June 30, 2024: Limited to the no more than the CPI rate in effect at that time.

Rent Increases Starting on July 1, 2024, or After: Rent increases effective on or after July 1, 2024, can include banked CPI increases. Rent increases that include banked CPI increases are limited to three times the current annual CPI rate.

Banking

Banking is any CPI-based rent increase that the owner delays, which can be imposed at a later date. Owners may bank up to ten (10) years of rent increases. However, no annual rent increase can exceed three times (3X) the current CPI. Banked CPI increases are allowed without RAP approval (i.e., petition).

Rent Registration and RAP Notice

Property owners of units covered under the Rent Adjustment Ordinance cannot increase rents if the unit is not registered with the RAP. All rent increase notices for units covered under the Rent Adjustment Ordinance must include a copy of the Notice to Tenants of the Rent Adjustment Program ("RAP Notice.")

COVID-19 Related Eviction Protections

City of Oakland Regulations

The City of Oakland Rent Board has issued Regulations related to the Emergency Eviction Moratorium. Amongst other elements, it provides guidelines for payment of delayed rent, clarifies the negotiation process for delayed rent, and gives information for RAP mediation services to assist tenants and owners in finding a resolution.

Read the full text of the City of Oakland's Emergency Moratorium as amended by City Council on May 2, 2023(PDF, 2MB) and the Rent Board's implementing Regulations(PDF, 216KB).

For the most up-to-date information on the City's response to the COVID-19 pandemic, visit the City's COVID-19 page.

• City of Oakland Info Sheet: Emergency Moratorium on Rent Increases and Evictions(PDF, 225KB)
• City of Oakland Info Sheet: Emergency Moratorium on Rent Increases and Evictions Frequently Asked Questions(PDF, 197KB)
• Housing Resources for Tenants and Property Owners during COVID-19
• Tenant Repayment Negotiation Information Sheet(PDF, 311KB)

State Protections

The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088), a state law, and Oakland's Emergency Moratorium provide Oakland tenants protections and homeowners and small property owners relief during the COVID-19 pandemic. These resources below advise Oakland property owners and tenants on their legal rights and responsibilities under state and local ordinances.

*Please note: The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088) protects qualifying tenants from eviction for non-payment of rent until February 2021. The Act will not significantly affect the Oakland Emergency Eviction Moratorium. Oakland's Eviction Moratorium will continue to protect most Oakland renters from eviction during the COVID-19 emergency. However, tenants living in units not covered by Oakland's Emergency Eviction Moratorium, i.e. units that do not fall under the Oakland Just Cause for Eviction Ordinance, will have additional protections under AB 3088. Contact a RAP Housing Counselor at (510) 238-3721 or rap@oaklandca.gov for more information.

• Fact Sheet on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 from Governor Newsom's Office

The links down below take you to the State of California's pages regarding the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088):

• Announcement of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Relief Act of 2020 (AB 3088) from Governor Newsom's Office
• Full Text of the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088)
• State of California, Department of Real Estate: Tenant Protection Guidelines
• State of California, Department of Real Estate: Frequently Asked Questions: What is the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB3088)?

Additional Resources Related to COVID-19

• County of Alameda COVID-19 Updates and Announcements Page
• State of California COVID-19 Updates and Announcements Page

Resources for Property Owners During COVID-19

• State of California, Department of Real Estate: Property Owner Resources
• Do you need help paying your mortgage?

Resources for Tenants During COVID-19

• Need help paying your rent?

Lease Breaking

If you are a tenant or another tenant you know is thinking of breaking your lease, contact the Rent Adjustment Program at (510) 238-3721 or email us at rap@oaklandca.gov. RAP staff members are available to assist members of the public Monday-Thursday from 9:30am to 4:30pm via live phone.

Need More Information or Help?

Since March 2020, we have moved our services from in-person to online. Rent Adjustment Program staff members are available to members of the public by phone and email. Housing Counselors are taking calls Monday to Thursday from 9:30am to 4:30pm at (510) 238-3721. You can also email us at rap@oaklandca.gov. We will also provide translation services for non-English speaking visitors including and not limited to Spanish, Chinese, Vietnamese, and other languages.

**Please note: The Rent Adjustment Program will not provide legal advice. All information provided is solely advisory and does not constitute legal advice. RAP has no jurisdiction to decide issues of possession in the event of an unlawful detainer (eviction lawsuit). Those issues will be ultimately decided in a court of law.

Where Can I Receive Legal Assistance?

Tenants may contact the Eviction Defense Center (EDC) at (510) 452-4541, East Bay Community Law Center (EBCLC) at (510) 548-4040, Centro Legal de la Raza at (510) 422-5669, or Bay Area Legal Aid at (866) 346-3405.

Property owners may contact Housing and Economic Rights Advocates (HERA) at (510) 271-8443, East Bay Rental Housing Association (EBRHA) at (510) 893-9873, or the Alameda County Bar Association at (510) 302-2222.

* Please check the organizations' websites to confirm operating hours during the local State of Emergency.

About the Rent Adjustment Program

The Oakland City Council adopted the Rent Adjustment Program Ordinance (OMC Chapter 8.22) in 1980. This ordinance sets the maximum annual rent increase based on the annual CPI increase and handles rent adjustments for claims of decreases in housing services and handles other rent-related matters. The purpose of this program is to foster fair housing for a diverse population of renters and enforce the Rent Adjustment Ordinance set out by the City of Oakland.

Contact Us

*Due to the Shelter-in-Place Order issued on March 16, 2020, all in-person counseling and form drop-offs have been canceled. Please read the information below carefully to find the best way to contact us.

By Phone

• Phone: (510) 238-3721
• Fax: (510) 238-6181

The Rent Adjustment Program's Housing Counselors are available from Monday to Thursday, 9:30am to 4:30pm to answer any RAP or housing-related questions you might have. Topics can be, but are not limited to, tenant and property owner issues and concerns, Oakland rental housing laws, or how to file a petition with RAP. Calls are generally limited to 10 minutes per person.

By Email

If you would prefer an email response, you can email us. RAP strives to return all emails within a twenty-four-hour timeframe.

Contact a RAP Housing Counselor: rap@oaklandca.gov

Hearings Unit: hearingsunit@oaklandca.gov. If you have Hearings Unit-related issues or questions related to your pending case, you must contact your Case Analyst directly. If you do not know who your Case Analyst is, you can email hearingsunit@oaklandca.gov to find that information.

Petition Review/Filing: You have the option to schedule an appointment for review of your petition before filing. To schedule an appointment for review email rap@oaklandca.gov. If you do not want your petition reviewed and want to file, please submit your petition to hearingsunit@oaklandca.gov.

Eviction Notices: All eviction notices should be scanned and submitted via email to evictionnotices@oaklandca.gov.

By Mail

Rent Adjustment Program
250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612

Due to the Shelter-in-Place Order, we are no longer accepting in-person petition applications and related materials. All new petitions and petition-related documents can be submitted by mail to the address above, electronically submitted to rap@oaklandca.gov, or the online portal.

All documents for Ellis Act cases must be mailed to:

Rent Adjustment Program
250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612

Online Petition Filing

We also offer an online portal where you can submit your petitions and all petition-related forms online.

For a full list of documents, visit tenant forms and here for all property owner forms.

Request a Form

General forms can be found on our website, find property owner forms and tenant forms. If you cannot find the RAP form that you are looking for, you can email the Rent Adjustment Program at RAP@oaklandca.gov to obtain it.

To request documents related to a case, you can either complete the Request for Copies(PDF, 51KB) form and email it to rap@oaklandca.gov or make a Public Records Request (PRR) online. Please note that all PRRs are considered public information. You can also look up information related to cases through the RAP database.

Join the Email List

If you would like to receive emails about upcoming events or updates from the Rent Adjustment Program, please sign up! Please use the link below to add your name and email to our list for future updates.

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