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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9390
Experience:  Since 1983
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I live in a single family home in Oakland, CA. I have lived

Customer Question

I live in a single family home in Oakland, CA. I have lived here since February, 1992. My landlady never raised our rent although we asked her to many times. We did a lot of upkeep ourselves as a "thank you" for the nominal rent we received. In August this year, she got angry with us for a reason unknown and hired a Property Management Company. We have signed a lease that puts a $600.00 rent increase in effect September1, 2015 with a credit of $600.00 for August through December. We were never told why she was mad at us and never received anything in writing which we were supposed to under the city ordinance. A notice of a 60 day rent increase was given to us after the fact in October, 2015. We are trying to find out if our home is one of the few single family units which may be covered under rent control in Oakland which we have heard has something to do with a Certificate of Occupancy put in effect in 1983. We do not know how to find out this information. Even though we hired an attorney and negotiated a decent lease, I am still concerned that we are being taken advantage of or will be when this lease is up on October 31, 2016. We are two women, a couple 74 and 71 and my disabled son lives with us. Can you help us find out what to do to find out if our house is under Rent Control in the City of Oakland?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Please look at

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

and tell me if any of the exemptions from the rent stabilization ordinance appear to apply.\

Expert:  N Cal Attorney replied 1 year ago.

You should be able to phone(###) ###-####to get a definitive answer.

from

http://www2.oaklandnet.com/Government/o/hcd/a/ContactUs/index.htm

I hope this information is helpful.

Expert:  N Cal Attorney replied 1 year ago.

The actual ordinance is posted at

http://www2.oaklandnet.com/oakca1/groups/ceda/documents/agenda/oak050309.pdf

I part I think you referred to states:

8.22.030 Exemptions

A. Types of Dwelling Units Exempt. The following dwelling units are not covered units for purposes of this chapter, Article I only (the Just Cause for Eviction Ordinance (Chapter 8.22, Article II) and the Ellis Act Ordinance (Chapter 8.22, Article II)) have different exemptions):

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5. Dwelling units which were newly constructed and received a certificate of occupancy on or after January 1, 1983. This exemption does not apply to any newly constructed dwelling units that replace covered units withdrawn from the rental market in accordance with O.M.C. 8.22.400, et seq. (Ellis Act Ordinance). To qualify as a newly constructed dwelling unit, the dwelling unit must be entirely newly constructed or created from space that was formerly entirely non-residential.

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