Oakland Mun. Code Chapter 8.22 § 8.22.110
Hearing procedures (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)
Operative Text
A. Hearing Officer. A hearing shall be set before a Hearing Officer to decide the issues in the petition. B. Hearings. 1. All hearings on petitions shall be open to the public and recorded; 2. Any party to a hearing may be assisted by a representative who may be an attorney or any other person. A party must designate his or her representative in writing. C. Notification and Consolidation. Rent Adjustment Program staff shall notify the owner and tenant in writing of the time and place set for hearing. Representatives of parties shall also be notified of hearings, provided that the Rent Adjustment Program has been notified in writing of a party's designation of a representative at least ten (10) days prior to the notice of the hearing being sent. Disputes involving more than one (1) covered unit in any single building may be consolidated for hearing. D. Time of Hearing and Decision. 1. The Hearing Officer shall have the goal of hearing the matter within sixty (60) days of the original petition's filing date. 2. The Hearing Officer shall have a goal of rendering a decision within sixty (60) days after the conclusion of the hearing or the close of the record, whichever is later. The decision shall be issued in writing. 3. The decision of the examiner shall be based entirely on evidence placed into the record. E. A Hearing Officer may order a rent adjustment as restitution for any overcharges or undercharges due, subject to guidelines set out in the regulations. F. Administrative Decisions. 1. Notwithstanding the acceptance of a petition or response by the Rent Adjustment Program, if any of the following conditions exist, a hearing may not be scheduled and a Hearing Officer may issue a decision without a hearing: a. The petition or response forms have not been properly completed or submitted; b. The petition or response forms have not been filed in a timely manner; c. The required prerequisites to filing a petition or response have not been met; d. A certificate of exemption was previously issued and is not challenged by the tenant; or e. The petition and response forms raise no genuine dispute as to any material fact, and the petition may be decided as a matter of law. 2. A notice regarding the parties' appeal rights will accompany any decision issued administratively. Appeals are governed by Section 8.22.120 . G. Should the petitioner fail to appear at the designated hearing, the Hearing Officer may dismiss the petition.
Oakland Municipal Code § 8.22.110 establishes the procedural framework for rent petition hearings conducted by the Rent Adjustment Program. Hearings are public and recorded, and either party may bring a representative—including an attorney or any other person—provided the designation is made in writing. The Hearing Officer aims to hold the hearing within 60 days of the petition's filing and to issue a written decision within 60 days after the hearing closes; that decision must rest solely on evidence entered into the record. In certain limited circumstances, such as incomplete filings or the absence of any genuine factual dispute, a decision may be issued administratively without scheduling a hearing at all.
Plain English — not legal advice.
Under Oakland Mun. Code § 8.22.110, property owners who are parties to a rent petition generally ensure that any representative they designate—whether an attorney or another person—is identified in writing and that the Rent Adjustment Program is notified of that designation at least ten days before the hearing notice is sent, so the representative receives proper notification. Compliant operators respond to petitions on time and with fully completed forms, since untimely or incomplete submissions can result in an administrative decision being issued without a hearing. Owners with disputes affecting multiple covered units in the same building should be aware that those matters may be consolidated into a single proceeding under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Oakland Mun. Code § 8.22.110 gives tenants the right to attend a public, recorded hearing before a Hearing Officer and to bring a representative of their choosing—an attorney or any other person—as long as the designation is submitted in writing. If the Rent Adjustment Program is notified of that representative at least ten days before the hearing notice goes out, the representative will also receive direct notification of the hearing date and location. Tenants who believe an administrative decision issued without a hearing was improper can consult the appeal rights notice that must accompany any such decision under this section, and may also reach out to a local tenant-rights organization for general guidance on next steps.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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