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An Expanded “Just Cause” For Eviction in Oakland Is on the November Ballot but Exempts New Constructions that Include Oakland ADUs for 10 Years.

We would like to remind you that the Oakland City Council’s approved measures relating to housing are on the November ballot.  One is an expansion of properties included in the Oakland “Just Cause” for Eviction Ordinance (not to be confused with rent control which is limited by the 1995 Costa-Hawkins Rental Housing Act).     

Currently, landlords are required to state one of the 11 authorized reasons or “just causes” to evict a tenant; however, this only applies to buildings constructed prior to 1996.  The expansion would mean that most rental properties in Oakland would become subject to the restrictions of the Just Cause for Eviction Ordinance, but not new rental properties—including Oakland ADUs—which would be exempt from the expanded restrictions for the first 10 years after they are built.

The Oakland Just Cause for Eviction ordinance presently limited grounds for eviction to the following reasons. 

1. The tenant has not paid their rent.
2. The tenant has continued to violate a provision of the lease after written notice to stop.
3. The tenant refused to sign a new lease that is identical to the old one (when the old one expires).  NOTE:  this ground for eviction will be removed if the expanded Oakland “just cause” ordinance passes.
4. The tenant has substantially damaged the unit and refused to stop damaging it or pay for repairs after written notice.
5. The tenant has continued to disturb other tenants and neighbors after written notice to stop.
6. The tenant uses the unit for something illegal (like selling drugs).
7. The tenant will not let the owner into the apartment, even with a 24 hours’ written notice.
8. The owner wants to move back into the unit, if allowed by a written agreement with the tenant or it is allowed by the lease.
9. The owner or family member wishes to move into the unit.  Except if the tenant is:
   1. 60 years or older
   2. Disabled
   3. Catastrophically ill
10. The owner wants to remove the unit from the market through the Ellis Act.
11. The owner wants to perform substantial upgrades to the unit which cannot be completed with the tenant living there.

The second measure placed on the ballot by the Oakland City Council is an $850 million infrastructure bond, which among other infrastructure needs, includes affordable housing initiatives.  If passed, $350 million of the $850 million total would go to supporting affordable housing initiatives in Oakland. 

A Common Goal:  Affordable Housing in California

Property owners who have or are considering constructing an ADU on their property can breathe a sigh of relief—at least for 10 years.  The addition of ADUs on a property represents a relatively quick and easy way to increase affordable housing, which we believe is an admirable goal for which all parties can agree. 

Bay Area Know-How When You Need It

If you have additional questions about your Oakland rental properties as they relate to the upcoming November ballot measures or Just Cause evictions in general, Edrington & Associates are here to help.  When you partner with us, you benefit from our vast expertise in local real estate and property management.   Being based in Oakland affords us the unique opportunity to help each one of our clients navigate a full range of evolving rental ordinances and issues in Oakland – and the greater Bay Area.  Our team is here to help you succeed as a landlord in this complicated world in which we now live!