Oakland Tenants Union
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Tenant Protection Ordinance (TPO)

​In November, 2014, the Oakland City Council adopted the Tenant Protection Ordinance  or“TPO” (O.M.C. 8.22.600) in response to growing incidences of intimidation and harassment of tenants, many of whom feel constrained by language, residency, of lack of information and access to available remedies to make reports under state law.  Of the original TPO proposal, the Council adopted the measures and definitions, but delayed enacting the implementation and remedies sections to an unspecified later date.  The TPO is meant to deter harassment by property owners.
​

On July 21, 2020 Oakland City Council adopted amendments to the TPO. The amendments limit to the overall maximum rent increase consistent with recent state law, limit late fees, prohibit unilateral changes to the terms of tenancy, allow one for one replacement of roommates, provide a 5% rent increase for new roommates, and strengthen the enforcement of tenant protections.

Harassment under the TPO is defined as the owner engaging in any of the following behaviors in bad faith:
  1. Threaten to, or interrupt, or terminate, or fail to provide housing services.
  2. Fail to perform repairs and maintenance.
  3. Fail to perform due diligence when completing repairs. (For example, not minimizing exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts).
  4. Abuse the owner’s right of access to the rental unit.
  5. Remove personal property, furnishings, or other items without the prior written consent of the tenant.
  6.  Intimidate, attempt to influence a tenant to vacate,  or threaten to report the tenant or person known to the tenant to U.S. Immigration and Customs Enforcement (ICE).
  7. Offer payments more than once in a six (6) month period to a tenant to vacate.
  8. Attempt to coerce a tenant to vacate with offer(s) of payments to vacate in addition to threats or intimidation.
  9. Threaten the tenant or their guests by word or gesture with physical harm.
  10. Substantially and directly interfere with a tenant’s right to quiet use and enjoyment of the rental unit.
  11. Refuse to accept or acknowledge receipt of a tenant’s lawful rent payment.
  12. Refuse to cash a rent check for over thirty (30) days unless a written receipt for payment has been provided to the tenant.
  13. Interfere with a tenant’s right to privacy, including video or audio recording of the interior of a tenant's unit, entering or photographing a tenant's unit beyond the scope of lawful entry or inspection, unreasonable inquiry into a tenant's relationship status or criminal history, and unreasonable restrictions or inquiry into overnight guests.
  14. Request information that violates a tenant’s right to privacy,  including residence or citizenship status or social security number, unless required by law, and refusal to accept equivalent alternatives to information or documentation. 
  15. Unilaterally impose or require an existing tenant to agree to new material term of tenancy or a new rental agreement, unless required by law or if the change in terms of tenancy was accepted in writing by the tenant after written notice from the owner that the tenant need not accept such new terms.
  16. Remove a housing service (such as parking or storage) for the purpose of causing the tenant to vacate the rental unit.
  17. Engage in conduct that violates State law (CCC Section 789.3), including illegal lockout, utility shutoff, or similar actions.    
  18. Violate the State Unruh Civil Rights Act (CCC 51, et eq.), such as acts of discrimination or unequal treatment.  
  19. Commit elder financial abuse of a tenant.        
  20. Misrepresent to a tenant that the tenant is required to vacate their unit, or otherwise entice a tenant to vacate their unit through misrepresentations or concealment of material facts.    
  21. Force a tenant to vacate their unit and re-register in order to avoid classification as a tenant under State law (CCC 1940.1), including by implication. 
  22. Other repeated acts that substantially interfere with or disturb the comfort, repose, peace or quiet of any legal tenant in their unit that cause, are likely to cause, or are intended to cause a tenant to vacate their unit or to surrender or waive any right as a tenant.
​​The Ordinance requires owners of rental buildings with an interior common area. to post a notice of the TPO in at least one such common area in the building using the form prescribed by the City RAP program.
​P.O. Box 10573 Oakland CA 94610
(510) 704-5276
  • Home
  • About
  • Know Your Rights
    • COVID-19 Resources
    • California Tenant Protection Act
    • Oakland Rent Adjustment Program
    • Just Cause for Eviction
    • Tenant Protection Ordinance
  • Get Help
    • Tenant Counseling
    • Tenant Resources
  • Join Us
  • Our Work
    • Campaigns
  • Donate