​Effective January 1, 2020 ​the California Tenant Protection Act of 2019 (AB 1482, Chiu) is California's first statewide rent cap and Just Cause for Eviction law (albeit with numerous compromises, and a 10-year sunset period)

​HOW IS THIS DIFFERENT FROM OAKLAND'S RENT ADJUSTMENT & JUST CAUSE LAWS?

​Oakland's existing Rent Adjustment Program (RAP) and Just Cause for Eviction Ordinance still apply. However, the Tenant Protection Act will cover some units that are not covered already. At this time, protections granted under the TPA are not enforced by the Oakland Rent Board (we're working on that). However, the protections are the law of the land until 2030, so tenants confronting a landlord who refuses to comply may file for action in Small Claims Court. ​

​WHO IS COVERED?

• Applies to rental units in buildings that are at least 15 years old 
  • Example: in 2020, applies to buildings built in 2005 or earlier; in 2021, applies to buildings built in 2006 or earlier, etc
• Applies to all units in most buildings with 2 or more units, except:
  • Does not apply to a duplex where the owner lives on site in the other unit (including "ADUs" aka "in-law units") 
  • Does not apply in student dormitories, deed-restricted affordable housing, hotels, or senior or residential care facilities 
• Applies to some single-family homes and condominiums only if the unit is owned by a corporate entity, like an LLC, or by a real estate investment trust (REIT). (So, if you rent a single-family home or condo from a private individual or family you are not covered) ​​

Rent CaP

If your unit is covered, the rent can only be increased by 5% + the area's Consumer Price Index (CPI), or a maximum of 10% (whichever is lower) in any given 12-month period.

• In Oakland, the CPI for July 1, 2021 to June 30, 2022 is 1.9% so the maximum allowable increase under state law will be 6.9% for units that are not​ already covered by the RAP (see below). 
• Units covered by the TPA (and not already covered by RAP) can have the rent increased twice per 12-month period, but the total amount of increase cannot exceed the maximum. 
• Reminder: most units in Oakland built before 1983 are covered by the RAP (see below), which offers stronger protections.

Just Cause for Eviction

If your unit is covered per above, and either all the current occupants have lived there for at least 12 months or at least one tenant has lived there for at least 24 months, then you also are covered by the TPA's Just Cause for Eviction protection:

• You can only be evicted for one of the 11 reasons specified under state law (see the resources below for more). These are things like failure to pay rent, or violating the lease in some way. In these cases you may be subject to an "at fault" eviction without relocation assistance. 
• The law also allows for certain types of "no fault" eviction. If you are covered and you are evicted for one of these reasons, then state law requires that you receive relocation assistance in an amount equal to one month's rent. "No fault" eviction reasons: 
  • The owner or their immediate family member is moving in to your unit.
  • The entire building is being taken off the rental market under the Ellis Act.
  • The building is being demolished or substantially rehabilitated (meaning a full gut and rehab job, not minor repairs).

Reminder: Oakland's Just Cause for Eviction protections cover most units built before 1996 (see below). In this case, you are protected by the local Just Cause ordinance. ​

​RESOURCES

• Tenants Together Toolkit for Tenants (includes guide to finding out if your unit is covered, and sample letters for demanding a rent roll back)
• Text of the Tenant Protection Act of 2019 (AB 1482)

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