Oakland Tenants Union
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Oakland Rent Adjustment Program (RAP)

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, which is calculated every year. The annual allowable rent increase is either 60% of the Consumer Price Index (based on the rate of inflation) or 3%, whichever is lower. Under certain circumstances rent can be raised by more than the allowable increase (see below). You can see this year's annual allowable increase on the City's website.
  • Normally, your landlord can raise the rent by more than the allowable CPI increase under certain circumstances, but during the eviction moratorium, these other rent increases are not allowed. Late fees are also not allowed.
  • 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. ​
​P.O. Box 10573 Oakland CA 94610
(510) 704-5276
  • Home
  • About
  • Know Your Rights
    • Oakland Tenants Rights Handbook
    • 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
  • Endorsements
  • Campaigns
  • Donate