Sharing Oakland ADU policies

[Marcus Griswold]

For those of you considering Oakland and ADU as a house hacking strategy, some notes from some east bay ADU advocates:

"On June 29, 2020 the CED Committee approved 64 amendments to the "Tenant Protection Ordinance" (TPO) as well as Rent Control and Measure EE (Video link of meeting at: http://oakland.granicus.com/MediaPlayer.php?view_id=2&clip_id=3681). I fully expect the Council to adopt these changes at the next scheduled meeting on 7/14/20 (Agenda posted at https://oakland.legistar.com/Calendar.aspx).

Highlights (lowlights) of these changes Include:

• Applies all TPO provisions to new construction (removes existing exemption including ADU's)

• Prohibits conversion of parking to ADU's (Illegal for the City to regulate under State Law, see attached legal opinion letters from CA for Homeownership and Bridge Realtors)
• Creates numerous new causes of action for tenants to initiate civil lawsuits
• Allows tenants to add roommates unilaterally even if prohibited in a lease. For example, tenants have the right to move-in anyone they choose up to: 2 persons for Studio, 3 persons in 1bd., 4 persons in 2bd.
• Owner is prohibited from performing background and credit check of any new roommates
• Late fees are capped at $50
• Homeowners are prohibited from making any changes to their own property without tenant approval (such as common areas, backyard, walkways, laundry access, etc..)
• Homeowners are prohibited from making any changes to the original lease
• Tenant need not provide notice to property owners of required maintenance, but may proceed directly to litigation if they assert the owner showed a disregard for their "comfort.""