Summary of updates to the Tenant Protection Ordinance (TPO Amendments)
Updates the maximum rent increase allowed in any one year to conform to state the state cap of 5% + CPI, from AB 1482, as opposed to Oakland’s former 10% cap. [Subsequent city legislation limits Oakland's annual rent adjustment to 60% of CPI or 3%, whichever is lower. This below-inflation rent adjustment means a rent decrease each and every year in perpetuity.]
Allows rent increases of up to 5% for each additional occupant over the “base occupancy level,” which for units that had initial rent established before June 16, 2020.
For units with initial rent established on June 17, 2020, or later, “base occupancy level” means the number of renters allowed by the lease or rental agreement entered into at the beginning of the current tenancy.
Such rent increases are prohibited when the additional occupant is the spouse, registered domestic partner, parent, grandparent, child, adopted child, foster child, or grandchild of an existing tenant, or the legal guardian of an existing tenant’s child or grandchild who resides in the unit, or a caretaker/attendant as required for a reasonable accommodation for an occupant with a disability.
Prohibits property owners from evicting renters based on additional occupants if the owner unreasonably refused the renter’s written request to add additional occupant or fails to reply to the request within 14 days.
Overrides any occupancy limits set in the rental agreement (maximum occupancy is “2+1” rule; two people per bedroom plus one additional).
New written notice requirements and timeline for recovery of possession based on subletting or occupancy limits.
Makes the housing provider’s failure to pay required relocation benefits an affirmative defense to an eviction action.
Click here for full text of the TPO Amendment
Click here for our group’s letter to clarify the TPO Amendments (e.g. definition of primary residency and what’s considered unreasonable for denial as it relates to tenant screening)
Click here for our group's December 7th Letter to the Rent Board