RAP is an Oakland law (​O.M.C. 8.22) that establishes how much landlords can legally increase the rent charged to tenants of certain covered rental units. RAP provides some protections, but is not as strong as it could be — Oakland’s RAP exempts several categories of rentals, and permits increases that are more generous than some jurisdictions, and various loopholes remain in the law as it is currently written and implemented. Below is a brief overview of key provisions of the Rent Adjustment Program.

For more, see the following resources: 

• RAP Guide to Oakland Rental Housing Law (2019)
• Overview of the Rent Adjustment Program (RAP) petition process
• Instructions to File a Tenant Petition with RAP
• RAP Tenant Packet
• RAP Property Owner Packet (great information for tenants to have too!) 
• RAP Resources in Spanish and Chinese
• Oakland's Rent Adjustment Program home page 
• More tenant resources here

​RAP PROVISIONS

• Your unit is covered if your building was built before 1983, and there are two or more units in your building,
  • ​​​Except if you rent a unit in a single-family home or a condominium unit from the owner
  • ​Except if you rent any form of government subsidized housing (more here)
    NOTE: Your unit may still be covered by the Just Cause for Eviction Ordinance.​
• If your unit is covered, your rent can only be raised by the annual allowable increase, based on the rate of inflation (CPI). Under certain circumstances rent can be raised by more than the allowable increase (see below).
  • The allowable increase is 1.9 percent for increases from July 1, 2021 to June 30, 2022 
  • See the allowable increase for past years here.
• A landlord can raise the rent by more than the allowable CPI increase under certain circumstances but never by more than 10 percent in any year, or by more than a total of 30 percent over a 5-year period. These circumstances include any of the following:
  • If your landlord makes “capital improvements” to the unit or claims an “operating expense increase,” a portion of these costs can be charged to your rent. ​Not all types of capital improvements or expenses are eligible to be passed on as a rent increase. 
  • If your rent has not been raised in recent years, your landlord can “bank” up to 3 years of allowable rent increases and apply the total increase in a single year. However, rent increases cannot be banked for more than 10 years.
  • More about rent increases here
• For any increase above the CPI amount, your landlord is required to file a petition with the RAP before raising your rent (unless this extra increase is for “banked” rent increases). You should receive an official written notice from the RAP office if your landlord files a petition.
• Your rent cannot be increased more than once per year (any 12-month period), regardless of the justification or amount.
• Your rent cannot be increased without an official “RAP Notice” (on City letterhead) accompanied by a written notice from the landlord of the rent increase amount. This notice should provide justification for any increases above the allowable CPI amount (e.g. "capital improvements" or "banking").​

​TENANT TIPS

• Tenants are solely responsible for ensuring that landlords comply with the rent law. If you believe your unit is covered and your rent is being raised illegally, or if your housing conditions have been changed without your consent, YOU must file a petition with the Oakland Rent Adjustment Program (RAP) within 90 days of the landlord’s written notice (How to file a petition here).
• RAP protections apply whether you have a written lease or verbal agreement, as long as you pay rent and your landlord accepts that rent.
• If your landlord takes away a service or amenity you currently have (like laundry or patio access) or increases your share of utility costs, you should petition for a decrease in rent to match the “decreased housing services.”
• If your landlord seeks to remove your parking space, they must petition the RAP and a hearing before the Rent Board is required for the landlord to justify the removal, before the space may be removed.
• Always file a petition with RAP if your rent is increased by more than the allowable amount (usually less than 3% per year). You are entitled to a hearing and if the landlord cannot prove legal grounds, the rent increase is not valid.
• If your unit is the subject of an outstanding building code violation or a formal code compliance letter has been issued, your landlord cannot legally raise your rent by any amount until the Building Department has certified that the issue has been fixed. To file a code compliance complaint, call the Code Enforcement office at 510-238-3381.
• Seek advice if you're not sure what your landlord is doing is legal.  You can call the Rent Adjustment Program office at 510-238-3721 or visit the office at 250 Frank Ogawa Plaza (next to City Hall) Suite 6301 (6th floor). See the tenant resources listed here for help with your situation. ​