Oakland Mun. Code Chapter 8.22 § 8.22.420

Application of this Article III (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 § 8.22.420
A. This O.M.C. Article 8.22.400 shall only apply to and shall only be exercised for the concurrent withdrawal of all rental units in the following (also referred to as "Accommodations" in California Government Code § 7060, et seq.):
1. The rental units (as defined in O.M.C. 8.22.020) in any detached physical structure containing four (4) or more residential rental units or,
2. With respect to a detached physical structure containing three (3) or fewer residential rental units, the rental units in that structure and in any other structure located on the same parcel of land, including any detached physical structure specified in Paragraph 8.22.420 1.
Source: Legislative text reproduced verbatim
Plain English

Oakland Municipal Code § 8.22.420 defines which rental properties fall under Article III's rules governing the withdrawal of rental units from the rental market (commonly known as the Ellis Act process). For buildings with four or more residential rental units in a single detached structure, the article applies to all units in that structure. For smaller detached structures with three or fewer units, the article extends its reach to cover all rental units on the same parcel of land, not just those in the smaller building itself.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 10, 2026

Plain English — not legal advice.

For Property Managers

Property owners considering a withdrawal of rental units from the market under Oakland's Ellis Act procedures should understand that § 8.22.420 determines the scope of which units must be withdrawn together. Operators of larger buildings with four or more units in a single detached structure must withdraw all units in that structure concurrently. Those with smaller structures of three or fewer units on a parcel need to account for all rental units across every structure on that same parcel, meaning a piecemeal or partial withdrawal of only some units on the parcel is not how compliant operators generally proceed under this article.

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

For Tenants

Tenants living in rental units subject to an Ellis Act withdrawal in Oakland have protections that depend in part on how § 8.22.420 defines the covered property. If a landlord is attempting to remove units from the rental market, this provision means all qualifying units on the parcel must be withdrawn together, which can be relevant if a landlord appears to be selectively displacing only certain tenants. Tenants who believe a withdrawal is not being applied consistently with this scope definition may explore their options by contacting Oakland's Rent Adjustment Program or a local tenant-rights organization for general information.

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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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Related Rules

§ 8.22.400
Statement of purpose
§ 8.22.410
Definitions
§ 8.22.430
When withdrawal is effective (except for eligible elderly or disabled tenants)

Source Information

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