Code Enforcement is also how tenants are able to fight illegal rent increases.
Why does the City of Oakland refuse to enforce rules that protect the health and safety of residents?
http://www2.oaklandnet.com/government/o/hcd/s/HSC/DOWD008655
http://www2.oaklandnet.com/oakca1/groups/ceda/documents/agenda/oak062437.pdf
Code Enforcement Relocation Program
In certain instances, the City of Oakland provides relocation payments and assistance to qualifying residential tenants who are displaced due to landlord code violations that prompt City Code Enforcement actions against the property in which they are renters (e.g. a residential building is "red-tagged" due to uninhabitable living conditions), or City or Redevelopment Agency actions.
The Code Enforcement Relocation Ordinance, codified in Chapter 15.60 of the Oakland Municipal Code, requires a property owner to pay relocation benefits to a residential tenant who must move because of the City's enforcement of housing and building codes.
If the owner refuses to make the payment, the City may choose to make the payment to the displaced tenant and then place a lien on the property to recover these costs.
Contact Information
Pamela Hall, (510) 238-6182
Housing Resource Center (formerly known as Housing Assistance Center)
250 Frank Ogawa Plaza, 6th Floor (Suite 6301)
Oakland, CA 94612
SUMMARY OF THE CITY OF OAKLAND’S CODE ENFORCEMENT RELOCATON ORDINANCE
The Code Enforcement Relocation Ordinance, codified in Chapter 15.60 of the Oakland Municipal Code, requires a property owner to pay relocation benefits to a residential tenant who must move because of the City’s enforcement of housing and building codes.
If the owner refuses to make the payment, the City may choose to make the payment to the displaced tenant and then place a lien on the property to recover these costs.
TENANT ELIGIBILITY
A tenant may be eligible for relocation benefits if he/she is displaced from tenant's housing unit due to the City’s code enforcement actions.
A tenant becomes eligible after the City either
(a) issues a notice of order to vacate the unit;
(b) issues a notice to abate life-threatening conditions in the unit; or
(c) declares the unit substandard or a public nuisance, and after the owner fails to correct the conditions within the abatement period specified in the notice or order.
Notwithstanding the above, a tenant is not eligible if:
(a) the tenant’s move was primarily due to a cause other than the condition of the unit or the need to make repairs;
(b) the condition was caused by the tenant or their guests, or the tenant prevented the owner from making repairs;
(c) the owner corrects the condition or the City’s notice is rescinded before the tenant begins to move; (d) the condition is due to damage caused by a natural disaster and not due to the negligence of the owner.
An owner is also not required to pay benefits if the owner offers to move the tenant into a comparable replacement unit in the same building for the same rent
If the displacement is temporary (i.e., the move is for less than 60 days), an eligible tenant may recover their actual and reasonable moving expenses and the cost of temporary housing accommodations incurred as a result of the displacement. If immediate vacation of the unit is required (i.e., the tenant has less than 30 days notice to move), the tenant is entitled to an additional $500 payment from the owner.
TIMING OF PAYMENT
In the case of permanent displacement (i.e., the move is for 60 days or longer), the owner must make the payment directly to an eligible tenant at least 10 days before the tenant’s expected move date. If the owner has not been informed of an expected move date, the tenant is responsible for making a demand for payment to the owner within 30 days of the move. In this case, payment is due within 10 days of the demand. In the case of temporary displacement (i.e., the move is for less than 60 days), the owner must make payment within five days after the tenant has submitted reasonable documentation to the owner of their actual or anticipated moving and temporary housing expenses.
MOVE-BACK OPTION
In addition to these payments, a displaced tenant has the option of moving back into the unit or a comparable unit in the same building when the unit is ready for reoccupancy. The owner must notify a displace tenant, by certified mail, at least 30 days in advance of the availability of the unit. The displaced tenant must keep the owner informed of their current address while they are displaced, and must notify the owner of their intention to move back within seven days of receiving notice of the unit’s availability.
NOTICE FROM OWNER
Any eviction or other notice from an owner to a tenant to vacate a unit after the City has taken code enforcement actions must include the following:
(a) the reasons for the vacation,
(b) the tenant’s entitlement to relocation benefits
(c) the tenant’s moveback rights and the estimated date of reoccupancy. The owner must attach this Summary to such notice and must send copies of all tenant notices to the City.
CITY ASSISTANCE
City staff when possible will assist tenants who are facing displacement by providing information and referrals to replacement housing. In some cases, the City may choose to make relocation payments to a tenant if the owner refuses to make payments when due. A tenant must request payments from the City no later than 60 days after moving. An owner is responsible for reimbursing the City if the City chooses to make payments to a tenant on the owner’s behalf. If the owner fails to reimburse, the City will record a lien on the owner’s property, either as a special assessment (tax) lien or as a nuisance abatement lien, to recover its relocation costs as well as its other code enforcement costs.
PENALTIES
An owner may not require an eligible tenant to vacate the unit until the required relocation payment has been made, unless the City has ordered immediate vacation or the owner intends to withdraw the unit from the market as permitted under state law. Any person violating the Ordinance is guilty of an infraction. Private parties may sue an owner or tenant who has violated the Ordinance, and treble damages may be awarded against an owner who has willfully failed to make required payments.
