Eviction Rules in Oakland

[Account Closed]

Quick question for the board. Looking at a triplex with 2 units currently occupied and one vacant. Property is located in Oakland. I would like to do an owner move in eviction on one of the occupied units but not sure if that is legal given one unit will be vacant. Does anybody know? Also my reading of the just cause ordinance in Oakland it seems that triplexes are exempt from rent control laws? Any info on the subject or if you can point me to somebody with experience here would be greatly appreciated. Thanks all.

[Johnson H.]

Hi Martin,

Is the vacant unit similar to the unit you are trying to OMI? If it's completely different there should not be a problem. If its similar, it could be considered an issue. 

Owner occupied triplexes in Oakland are considered exempt from rent control when you lived there for a year. However, there are some ordinances getting voted on this year that may change this.

I would speak to a reputable lawyer about your situation, Bornstein does a lot of work in SF and Oakland. Don't believe everything you read on the internet :)

Good luck,

Johnson

Units That Are Exempt From the Rent Adjustment Law

• Section 8 units and other units that have rents that are controlled, regulated, or subsidized by a governmental unit, agency, or authority.
• Accommodations in motels, hotels, inns, tourist houses, rooming houses, and boarding houses, provided that such accommodations are not occupied by the same tenant for thirty (30) or more consecutive days.
• Housing accommodations in any hospital, convent, monastery, extended care facility, convalescent home, nonprofit home for the aged, or dormitory owned and operated by an educational institution.
• Dwelling units in a nonprofit cooperative, owned, occupied, and controlled by a majority of the residents.
• Dwelling units which were newly constructed and received a certificate of occupancy on or after January 1, 1983.
• Buildings that were substantially rehabilitated after January 1, 1983. (See O.M.C. 8.22.030 B(2))
• Dwelling units exempt pursuant to the provisions of the “Costa-Hawkins Act” (see Ca.Civil Code § 1954.52; these exemptions generally apply to single family dwellings and condominiums).
• 2 or 3 units on a single assessor's parcel when one of the units is occupied as the owner's principal residence for at least one year.

NOTE: Exemptions from Measure EE (the "Just Cause for Evictions" law) are not the same as for the Rent Adjustment Law

http://www2.oaklandnet.com/Government/o/hcd/s/LandlordResources/DOWD008759