Oakland Mun. Code Chapter 8.22 § 8.22.390
Partial invalidity (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)
Operative Text
A. If any provision of this Chapter or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this Chapter are severable. B. If any provision of this Just Cause for Eviction Ordinance (Measure EE, O.M.C., Chapter 8, Article II (8.22.300 et seq.)) is invalidated or required to be modified by a court decision or change in State or Federal law, the City Council is authorized to make such modifications to conform to the court decision or change in state law provided such modifications effectuate the purpose of the Just Cause for Eviction Ordinance and the original text.
Oakland Municipal Code § 8.22.390 establishes a severability rule for Chapter 8.22, including the Just Cause for Eviction Ordinance (Measure EE). If a court finds any single part of the chapter invalid, the rest of the chapter remains in force as if the invalid portion had never been included. Additionally, if a court ruling or a change in state or federal law requires modifications to the Just Cause for Eviction Ordinance, the Oakland City Council is empowered to update the ordinance's text to stay in compliance, so long as those changes remain consistent with the ordinance's original purpose.
Plain English — not legal advice.
Under § 8.22.390, a landlord operating under Oakland's Just Cause for Eviction Ordinance should understand that a successful legal challenge to one part of the chapter does not automatically nullify the chapter's remaining requirements. Compliant operators continue to follow all unaffected provisions even when a specific section is struck down or modified. When the City Council issues conforming amendments in response to a court decision or change in law, operators generally update their practices to reflect the revised text.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 8.22.390 means that tenant protections under Oakland's Just Cause for Eviction Ordinance are designed to survive partial legal challenges — if one provision is invalidated, the rest of the ordinance continues to apply. Tenants who believe a landlord is relying on an invalidated provision to justify an eviction may raise the continued validity of other sections as a relevant consideration. Oakland's Rent Adjustment Program and local tenant-rights organizations can help tenants understand which provisions of Chapter 8.22 remain in effect at any given time.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.