Oakland’s New Elevator Law to Protect Disabled Renters: What You Need to Know

February 24, 2025

A new ordinance voted unanimously into law by the Oakland City Council is placing significant new requirements on landlords and property managers to keep elevators in residential buildings in good working order. The ordinance is primarily aimed at protecting tenants with physical disabilities or serious medical conditions, whose lives can be upended when a broken elevator prevents them from entering or leaving their home. While this is great news in keeping apartment buildings accessible for disabled tenants, what does this mean for landlords? At Edrington and Associates, we understand the complex legal landscape surrounding landlord-tenant relations. We’re here to help you understand your obligations under the new elevator ordinance, as well as offer expert witness testimony, should you face legal action in court.

What is Oakland’s New Elevator Ordinance?

Oakland’s new elevator ordinance requires that landlords and property managers of residential properties with elevators keep them regularly maintained and in good operating condition. Not only that, but the ordinance also requires that landlords expedite any needed repairs to out of service elevators. Should the elevator be out of service for more than 24 hours, the landlord would be required to temporarily relocate any disabled tenants for as long as the repairs take place.

Who Does it Apply To?

The new ordinance applies to landlords with a residential property within Oakland that has three or more units, and at least one elevator. As representatives of landlords, the responsibility of complying with the ordinance also extends to property managers working on behalf of the landlord.

When Was the Ordinance Passed?

The ordinance was passed unanimously by the Oakland City Council on July 16, 2024, and received its second affirmative vote on July 30, 2024. After passing the second and final vote, the Elevator Maintenance Ordinance took effect on December 15, 2024.

How is the New Elevator Ordinance Law Different from Other City and State Ordinances?

The state of California’s elevator and building codes already require landlords and property managers to keep their properties in a state of good repair and operating conditions at all times. In addition, current Cal/OSHA guidelines require that elevators in residential buildings receive a permit, which must be renewed annually or biannually. This ordinance goes a step further in requiring regular elevator maintenance, as well as adding protections for disabled tenants. The goal of this ordinance is to ensure that all tenants within Oakland have reliable elevator access, as well as extend additional protections for disabled tenants to continue to have an accessible home.

How the New Ordinance Affects Landlords

Oakland’s new elevator ordinance has several compliance requirements that affect landlords. As agents of the landlord, property managers are equally responsible for ensuring that the new regulations are followed. First, landlords and property managers will be required to ensure that elevators in their buildings are accessible, usable, and in good working order. This will be done by keeping a schedule of regular elevator maintenance. Secondly, landlords will be required to give advance notice within a minimum of 48 hours of any scheduled elevator repairs that will impact a disabled tenant’s ability to come and go from their home. Repairs should be completed as quickly as possible. If an elevator repair company cannot repair an elevator within 4 hours, they must notify the landlord, who can in turn notify tenants. Lastly, should repairs of a broken elevator take longer than 24 hours to be completed, and there is no other working elevator available, the new ordinance states that landlords must provide temporary relocation for any disabled tenants who are incapable of using stairs to access their home. This includes anyone with a physical disability, medical condition, or other health impairment. Landlords can temporarily house their disabled tenants in any alternative housing so long as it meets these requirements:

The building and surroundings are considered safe.
Alternative housing should be located within a reasonable distance of the primary residence.
Alternative housing must be accessible to those with disabilities, and not necessitate the use of stairs.
Landlords must also pay for transportation to and from the alternative housing.

Tenants displaced due to elevator issues may choose to find their own alternative housing (such as a hotel or Airbnb) and request reimbursement from the landlord. Tenants may be reimbursed up to $250 per night, unless limited availability of alternative housing for disabled persons requires a higher amount. Landlords must provide reimbursement within 48 hours of receiving the tenant’s documented expenses.

What Happens if a Landlord Does Not Comply With the New Ordinance?

The ordinance requires that landlords keep elevators operational at all times, and that they conduct regular maintenance to ensure they remain operational. Failure to comply with this ordinance in providing timely elevator repairs, or providing alternative accommodation for disabled tenants, may result in civil action including:

Damages including emotional distress.
Injunctive relief to compel the landlord to comply with this ordinance.
Payment of statutory damages to the plaintiff of up to $1,000.00 per day for each day that the elevator remains out of service.
Payment of statutory damages to the plaintiff of up to $2,500.00 per day for each day that the landlord failed to provide alternative accommodations for a disabled tenant whose access to/from the home was hindered.
Payment of attorney’s fees and costs of suit for the plaintiff.

How Can Landlords and Property Managers Defend Themselves if Found in Violation of this Ordinance?

Keeping up regular elevator maintenance is key to staying in compliance. However, when it comes to getting repairs done in a timely manner, it’s not always up to the landlord or property manager. Sometimes reasons beyond control can prevent an elevator from being repaired in a timely fashion. Luckily, there is some recourse for landlords and property managers. A court may consider timely repairs beyond the landlord or property manager’s control if they have met several base requirements:

A regular elevator maintenance schedule has been kept,
Timely arrangements were made for repairs,
All other reasonable steps to repair the elevator were taken.

If a landlord can prove they have met these requirements, their inability to repair the elevator in a timely fashion may be determined by the court to be beyond their control. In a situation like this, expert witness testimony can prove invaluable in showing the court that a landlord or property manager has taken the necessary steps to fix the elevator.

Conclusion

Oakland’s new elevator ordinance addresses a pressing need for all tenants, while taking steps to offer additional protections for disabled tenants in particular. However, the new ordinance can present legal challenges for landlords and property managers when it comes to compliance. Should you find yourself facing litigation for violating Oakland’s new elevator ordinance, Edrington and Associates’ team of industry professionals can help you navigate the complexities of a lawsuit. We know the Bay Area real estate industry in and out. We have extensive experience as expert witnesses in the areas of landlord/property manager standards of care, as habitability experts, and as damages experts. Contact Edrington and Associates today to discuss how we can help you with expert witness testimony in real estate litigation matters throughout Oakland and the Bay Area.

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