Oakland Mun. Code Chapter 8.22 § 8.22.350
Applicability and Exemptions (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)
Operative Text
The provisions of this Chapter shall apply to all rental units in whole or in part, including where a notice to vacate/quit any such rental unit has been served as of the effective date of this Chapter but where any such rental unit has not yet been vacated or an unlawful detainer judgment has not been issued as of the effective date of this Chapter. However, Section 6 [8.22.360] and Section 7(A)-(E) [8.22.370(A) through 8.22.370 (E)] of the chapter [O.M.C. Chapter 8.22 , Article II] shall not apply to the following types of rental units: A. Rental units exempted from Part 4, Title 4, Chapter 2 of the California Civil Code (CCC) by CCC § 1940(b). B. Rental units in any hospital, skilled nursing facility, or health facility. C. Rental units in a nonprofit facility that has the primary purpose of providing short-term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception. D. Rental units in a nonprofit facility which provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception. E. Rental units in a residential property where the owner of record occupies a unit in the same property as their principal residence and regularly shares in the use of kitchen or bath facilities with the tenants of such rental units. For purposes of this Section, the term owner of record shall not include any person who claims a homeowner's property tax exemption on any other real property in the State of California. F. Reserved. G. A unit that is held in trust on behalf of a developmentally disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a developmentally disabled parent, sibling, child, or grandparent of the owner of that unit. H. A rental unit or rental units contained in a building that was newly constructed and received a certificate of occupancy within the past ten (10) years. This exemption applies only to permitted rental units that were newly constructed from the ground up and does not apply to units that were created as a result of rehabilitation, improvement, or conversion of existing residential or commercial space.
Oakland Municipal Code § 8.22.350 establishes that Chapter 8.22's just-cause eviction and rent-increase protections generally cover all rental units in Oakland, including units where a notice to vacate had already been served before the chapter took effect, as long as the unit had not yet been vacated or an unlawful detainer judgment had not yet been issued. Certain unit types are carved out from the just-cause and rent-increase provisions, including newly constructed units with a certificate of occupancy issued within the past ten years, owner-occupied properties where the owner shares a kitchen or bath with tenants, units in hospitals or skilled nursing facilities, and units in qualifying nonprofit transitional housing programs.
Plain English — not legal advice.
Under § 8.22.350, operators of newly constructed buildings—those with a certificate of occupancy issued within the last ten years from the ground up—are generally not subject to the just-cause eviction and rent-increase sections of Chapter 8.22, though the broader chapter still applies. Owner-occupants who share a kitchen or bath with tenants as their principal residence should confirm they meet the specific definition of 'owner of record' under this section, including the homeowner's tax exemption requirement, to determine whether the exemption applies to their property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8.22.350 sets out which Oakland rental units fall under the chapter's core protections, and tenants can review the listed exemptions to understand whether their unit qualifies for coverage. If a tenant believes their unit is covered but their landlord is claiming an exemption, they may raise that issue as a defense in an unlawful detainer proceeding or file a complaint with Oakland's Rent Adjustment Program. Tenant-rights organizations in Oakland can help residents assess whether an exemption legitimately applies to their housing situation.
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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