Oakland Mun. Code Chapter 8.22 § 8.22.120

Appeal procedure (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)

In Force
Verified 6/11/2026 · Next check 9/9/2026
OaklandEviction & Just Cause

Operative Text

Oakland Mun. Code Chapter 8.22 § 8.22.120
A. Filing an Appeal.
1. Either party may appeal the Hearing Officer's decision, including an administrative decision, within fifteen (15) days after service of the notice of decision by filing with the Rent Adjustment Program a written notice on a form prescribed by the Rent Adjustment Program setting forth the grounds for the appeal.
2. The matter shall be set for an appeal hearing and notice thereof shall be served on the parties not less than ten (10) days prior to such hearing.
B. Assignment of Appeals.
1. Staff shall assign to the Board appeals that involve an owner's petition seeking a certificate of exemption, a claim of exemption in response to a tenant's petition, or other important decisions as determined by staff.
2. Staff may assign to an Appeal Officer appeals where the only issue on appeal is whether good cause exists for failing to appear at a hearing or failure to meet a response deadline.
3. Except cases required to be heard by the Board under O.M.C. 8.22.120 B.1., all other cases may be assigned by Staff to either the Board or an Appeal Panel.
C. Appeal Hearings. The following procedures shall apply to all appeal hearings:
1. The Appeal Body shall have a goal of hearing the appeal within thirty (30) days of filing the notice of appeal.
2. All appeal hearings conducted by the Appeal Body shall be public and recorded.
3. Any party to a hearing may be assisted by an attorney or any person so designated.
4. Appeals shall be based on the record as presented to the Hearing Officer unless the Appeal Body determines that an evidentiary hearing is required. If the Appeal Body deems an evidentiary hearing necessary, the case will be continued and the Appeal Body shall issue a written order setting forth the issues on which the parties may present evidence. All evidence submitted to the Appeal Body must be submitted under oath.
5. The total argument time for each party is limited to six (6) minutes, unless the regulations allow for more time. The Appeal Body or the chair of the Appeal Body may also modify the time limit in an individual appeal.
D. Appeal Body's Decision Final. The Appeal Body's decision is final. Parties cannot appeal to the City Council. Parties cannot appeal the decision of an Appeal Panel or an Appeal Officer to the full Board.
E. Court Review. A party may seek judicial review of a final decision of the Appeal Body pursuant to California Civil Code Section 1094.5 within the time frames set forth therein.
Source: Legislative text reproduced verbatim
Plain English

Under Oakland Mun. Code § 8.22.120, either party to a Rent Adjustment Program hearing may appeal the Hearing Officer's decision by filing a written notice within 15 days of receiving the decision, with the appeal body aiming to hear the matter within 30 days of filing. Appeals are generally decided on the existing record, hearings are public, and the Appeal Body's decision is final within the administrative process — though a party may still seek judicial review in court under California Civil Code Section 1094.5.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 5, 2026

Plain English — not legal advice.

For Property Managers

Under Oakland Mun. Code § 8.22.120, a compliant property owner or manager who wishes to challenge a Hearing Officer's decision files a written appeal with the Rent Adjustment Program within the 15-day window, using the program's prescribed form and clearly stating the grounds for appeal. Operators familiar with this provision also understand that certain petitions — such as those seeking a certificate of exemption — are assigned directly to the full Board, and that argument time at the appeal hearing is generally capped at six minutes per party unless modified.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Oakland Mun. Code § 8.22.120 gives tenants the right to appeal a Hearing Officer's decision by submitting a written notice to the Rent Adjustment Program within 15 days of receiving the decision, and the appeal hearing must be noticed at least 10 days in advance. Tenants may bring an attorney or other representative to the hearing, and if the administrative process is exhausted, judicial review remains available under California Civil Code Section 1094.5 — tenant-rights organizations can help explain what these options generally involve.

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 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 127G
Removal from district to superior or housing court; transmittal of rents and removal fees
§ 10
Rent as a necessary
§ 17
Occupancy constituting tenancy at will; termination

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