File a Tenant Petition

• Refer to the Just Cause and Rent Control Coverage(PDF, 126KB) information sheet to determine if your unit is rent-controlled and/or has eviction protections.
• Check for your unit on the rent registry. Property owners must register their property to file a petition or respond to a tenant petition.
• You can also contact the rent registration team by emailing rentregistry@oaklandca.gov to determine that your unit has been registered. In your email, please include the property address.

or

• Call a RAP housing counselor at (510) 238-3721 or email RAP@oaklandca.gov. Housing Counselors are available Monday through Thursday, 9:30 a.m. to 4:30 p.m.

As of August 1, 2024, the Allowable Annual Rent Increase on rental units covered under the Rent Adjustment Ordinance is 2.3%.

Learn More About Allowable Annual Rent Increases(PDF, 173KB)

• Decrease in Housing Services: Tenants of rental units covered under RAP can seek a rent reduction if a property owner has removed or started charging for a previously included service (such as parking), or if the conditions in the unit have worsened since the tenant moved in. This claim can also be filed for habitability issues or if the tenant is charged for utilities on a shared meter.
• Other Claims: Tenants of rental units covered under RAP can seek a rent reduction if a previously awarded capital improvement pass-through increase was not removed as required, to challenge an exemption due to fraud or error, or if they believe the property owner improperly set their initial rent without restrictions.

To challenge a rent increase, a tenant must file a petition within 180 days from the date the property owner serves the rent increase notice. For a petition based on a decrease in housing services, tenants must file a petition within 90 days of whichever of the following is later:

• The date the tenant is noticed or first becomes aware of the decreased housing service; or
• The date the tenant first receives the Rent Adjustment Program Notice.

Note: If you do not file a petition by the deadline, your case may be dismissed.

If the decreased housing service is ongoing (e.g., a leaking roof), a tenant may file a petition at any time. However, restitution will be limited to the shorter of two periods: the three (3) years prior to the petition's filing or the time during which the owner knew, or should have known, about the decreased housing service.

You can contact a RAP housing counselor by calling (510) 238-3721, emailing RAP@oaklandca.gov or scheduling an appointment through our online portal for any RAP or housing-related questions.

Please note that RAP Housing Counselors cannot give legal advice or provide legal document review. Housing Counselors can only review a rent adjustment petition for completeness prior to submission.

Contact a RAP Housing Counselor Now

Here's a checklist of what you, the tenant, will need to file the petition:

• Contact information for the property owner or property manager
• Reason(s) you are filing the petition
• Your rental history, including date of rent increase(s), if known
• If applicable, a description of the decreased housing services, the date when the housing service loss began, and the estimated dollar value of the housing service loss

We recommend making an appointment with a Housing Counselor to review your petition for completeness before filing. To make an appointment, please email RAP@oaklandca.gov or call (510) 238-3721.

RAP offers free mediation services(PDF, 304KB) to tenants and property owners of rental units covered under the Rent Adjustment Ordinance or the Just Cause for Eviction Ordinance. This is a confidential and voluntary process. Mediation aims to help both parties resolve disputes without a hearing.

RAP Insight: Mediation often leads to a resolution in less time than a formal hearing.

If you would like to pursue mediation, there are two options:

• If you do not wish to file a petition and request mediation services, you may complete the request for mediation form(PDF, 50KB) and email it to hearingsunit@oaklandca.gov.
• If a petition is filed, both parties must request mediation to schedule a meeting. The petition filer can request mediation when initiating the petition process. The responder can agree to mediation on their response form. If all parties in a petition-based case do not agree to participate in mediation, the case will go to a hearing before a Hearing Officer.

More About Mediation

You must sequentially number all pages submitted (other than the petition). For your petition to be considered complete, the petition must be filed with a proof of service form (attesting to the fact that you have served the other party/parties with a copy of the petition and all attachments), which you will find included in the Tenant Petition.

• Online: Visit the online Tenant Petition portal to complete and submit your petition and all petition-related forms online.
• By Email: Please email your petition and petition-related documents to hearingsunit@oaklandca.gov. Once received, you will be sent a confirmation email.
• By Mail: Please mail your petition and petition-related documents to the Rent Adjustment Program at the following address: 250 Frank H. Ogawa Plaza, Suite 5313, Oakland, CA 94612. Once received, you will receive a letter confirming receipt of your petition.
• RAP Drop Box: You can also leave your petition in the RAP Drop Box located in the lobby at 250 Frank H. Ogawa Plaza.

Please Note: You must continue paying the rent increase while your petition is being reviewed.

We recommend you contact a RAP housing counselor before submitting your petition to ensure it is complete. Incomplete petitions may be automatically dismissed.

All hearings and mediations are now held virtually via Zoom. You will receive notices via U.S. Mail regarding your mediation or hearing, including your case analyst name and contact information.

Note: If you can't attend the date of your hearing or mediation meeting and need to reschedule, you must request to reschedule as soon as possible.

You must complete the Request to Change Date of Proceeding form(PDF, 34KB) and email it to your assigned case analyst.

Any documents, including photographs and digital evidence, must be submitted to the assigned case analyst (with proof of service that you have served the other party/parties) by at least 7 days before the hearing.

After the hearing, the hearing officer will review the case and the evidence presented. The hearing officer will issue a hearing decision to establish the allowable rent or new allowances, and RAP will mail the decision to all parties.

All parties must follow the decision unless they decide to appeal.

The party who initiated the petition may dismiss their petition at any time. If you wish to dismiss your petition, please complete the Request to Dismiss Petition form(PDF, 82KB) with the case number and email it to your assigned case analyst as soon as possible.