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Rent Regulations

Oakland Mun. Code Chapter 8.22 § 8.22.130

Retaliatory evictions (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)

In Force
Verified 6/11/2026 · Next check 9/9/2026
OaklandRetaliation Protections

Operative Text

Oakland Mun. Code Chapter 8.22 § 8.22.130
An owner may not recover possession of a covered unit in retaliation against a tenant for exercising rights under this Chapter. If an owner attempts to terminate the tenancy of a tenant who files a petition under this Chapter from the date the petition filing to within six (6) months after the notice of final decision, such termination of tenancy will be rebuttably presumed to be in retaliation against the tenant for the exercise rights under this Chapter.
Source: Legislative text reproduced verbatim
Plain English

Oakland Municipal Code § 8.22.130 prohibits property owners from evicting tenants as payback for exercising rights under the Rent Adjustment Program. When an owner moves to end a tenancy during the period starting from a petition filing through six months after the final decision on that petition, the law treats that termination as presumptively retaliatory—meaning the burden shifts to the owner to prove otherwise. This rebuttable presumption is a procedural protection built into the rule, not an automatic outcome.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Under § 8.22.130, compliant operators avoid initiating any termination of tenancy while a tenant's rent petition is pending or within six months of its final decision, recognizing that doing so triggers a legal presumption of retaliation. Owners who do proceed with a termination during that window generally document a clear, independent, non-retaliatory basis for the action to address that presumption. Consulting a qualified attorney before acting during this protected period is a common practice among property managers navigating this provision.

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

For Tenants

Section 8.22.130 gives tenants who have filed a petition under Oakland's Rent Adjustment Program a protected window—from the filing date through six months after the final decision—during which any owner-initiated termination is presumed retaliatory. Tenants facing eviction notices during this period may raise the retaliatory presumption as a defense in eviction proceedings. Oakland's Rent Adjustment Program office and local tenant-rights organizations can provide information about how this protection applies generally.

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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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Related Rules

§ 18
Reprisal for reporting violations of law or for tenant's union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption

Source Information

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