Oakland Mun. Code Chapter 8.22 § 8.22.400

Statement of purpose (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)

In Force
Verified 6/11/2026 · Next check 9/9/2026
OaklandEllis Act & Market Withdrawal

Operative Text

Oakland Mun. Code Chapter 8.22 § 8.22.400
Measure EE, the Just Cause for Eviction Ordinance adopted by the electorate on November 5, 2002, includes the withdrawal of rental units from the rental market as one of the allowable causes for eviction of tenants (Measure EE, Section 6A(11). The purpose of this Municipal Code Section is to enact and implement the constraints on and procedures for such withdrawals as authorized by the Ellis Act (Government Code 7060, et seq.). This section shall be interpreted so as to provide the city with the broadest range of authority permitted under these provisions and to intrude the least into the city's authority in all other applications of its power. This Section O.M.C. 8.22.400 shall not be construed to permit the conversion of any rental housing to condominiums, hotels or any other use, which conversions are otherwise regulated by the City of Oakland, the State of California, or other applicable law.
Source: Legislative text reproduced verbatim
Plain English

Oakland Municipal Code § 8.22.400 establishes the city's framework for landlords who wish to withdraw rental units from the rental market under California's Ellis Act (Government Code § 7060 et seq.), as authorized by Measure EE's just-cause eviction provisions. The section is designed to give Oakland the broadest regulatory authority the law allows while making clear that withdrawing units from the rental market does not open a path to converting them into condominiums, hotels, or other uses governed by separate laws.

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

Plain English — not legal advice.

For Property Managers

Operators considering a withdrawal of rental units from the rental market under § 8.22.400 must follow the specific constraints and procedures Oakland has enacted pursuant to the Ellis Act, not simply the state statute alone. Because § 8.22.400 explicitly prohibits using a withdrawal as a vehicle for condo or hotel conversion, compliant operators treat any change of use as a separate regulatory matter governed by other applicable city, state, or local law.

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

For Tenants

Section § 8.22.400 signals that Oakland has claimed the full scope of authority the Ellis Act permits, meaning tenants facing a withdrawal-based eviction under Measure EE are protected by local procedural requirements on top of state law. Tenants in this situation may find it useful to review Oakland's Just Cause for Eviction Ordinance, contact a local tenant-rights organization, or inquire with the city about whether the landlord has complied with all required withdrawal procedures.

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

§ 8.22.410
Definitions
§ 8.22.420
Application of this Article III
§ 8.22.430
When withdrawal is effective (except for eligible elderly or disabled tenants)

Source Information

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