Oakland Mun. Code Chapter 8.22 § 8.22.430

When withdrawal is effective (except for eligible elderly or disabled tenants) (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 § 8.22.430
A. For units not occupied by a tenant who has resided in the unit for at least one (1) year and is either elderly (62 years or older) or disabled, the withdrawal of the rental units is effective not less than one hundred twenty (120) days from the delivery in person or by first-class mail to the Rent Adjustment Program all of the following (referred to together as the "Withdrawal Notices"):
1. Written notice to the Rent Adjustment Program of the intent to withdraw the Rental Units. The notice must be signed under penalty of perjury and must include the following:
a. Address and legal description of the subject property;
b. Number of rental units being removed;
c. The names of all tenants residing in the units being withdrawn; and
d. The lawful rent applicable to each such unit paid on the date of the notice.
2. A fee in an amount set by the City Council in the Master Fee Schedule to reimburse the city for the estimated direct and actual costs administering the withdrawal of the rental units.
3. A conformed copy of a written summary of the notice of intent (Paragraph 8.22.430 A.1.) recorded with the Alameda County Recorder and in a form prepared by the Rent Adjustment Program. The summary must contain such information as is prescribed by the Rent Adjustment Program to summarize the owner's notice of intent. This summary must not contain any of the information deemed confidential pursuant to Subsection 8.22.430 B.
4. A certification under penalty of perjury that terminations of all tenancies for the units to be withdrawn have commenced in accordance with applicable law. Such notices may be served in any manner authorized for the service of a notice terminating tenancy under California Civil Code Section 1946.1. The notices terminating tenancy must contain the following information:
a. That the owner is terminating the tenancy pursuant to this O.M.C. Section 8.22.400 and will provide the Rent Adjustment Program with the withdrawal notices required in Subsection 8.22.430 A.;
b. A summary of the specific information to be provided to the Rent Adjustment Program in that notice regarding the particular tenant's unit;
c. That within thirty (30) days of vacating the unit, the tenant may notify the owner in writing that the tenant would be interested in re-renting the unit if it is re-offered for rent at a future time and advising the tenant to notify the owner of future address changes;
d. A description of the following the includes the time frames for the tenant to provide notices to the owner:
i. The right of a tenant to re-rent the withdrawn unit should it be re-offered for rent;
ii. The right of tenants who are elderly or disabled to an extended withdrawal period; and
iii. The right of tenants to relocation payments.
B. Confidential Information. The following information submitted to the Rent Adjustment Program in compliance with this O.M.C. Article 8.22.400 is deemed confidential for purposes of the California Information Practices Act of 1977 (California Civil Code Section 1798, et seq.)
1. The name or names of the tenants;
2. The rent applicable to any residential rental unit to be withdrawn; and
3. The total number of rental units to be withdrawn.
Source: Legislative text reproduced verbatim
Plain English

Under Oakland Mun. Code § 8.22.430, when a landlord seeks to withdraw rental units from the rental market—and those units are not occupied by qualifying elderly or disabled long-term tenants—the withdrawal does not take effect until at least 120 days after a complete package of required documents is delivered to the Rent Adjustment Program. That package must include a signed notice of intent, a filing fee, a recorded summary filed with the Alameda County Recorder, and a certified statement that tenancy terminations have begun. Certain details submitted through this process, including tenant names, applicable rents, and the total number of units being withdrawn, are treated as confidential under California law.

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

Plain English — not legal advice.

For Property Managers

Operators initiating a withdrawal under § 8.22.430 generally assemble all four required components—the signed notice of intent, the applicable fee from the Master Fee Schedule, the Alameda County Recorder-conformed summary, and the perjury-certified termination statement—before the 120-day clock begins. Termination notices delivered to tenants must include information about re-rental rights, relocation payments, and the extended withdrawal period available to elderly or disabled tenants. Compliant operators take care not to include confidential items such as tenant names or rent amounts in the publicly recorded summary.

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

For Tenants

Under § 8.22.430, tenants in units subject to withdrawal must receive termination notices that spell out their right to re-rent the unit if it is later re-offered, their right to relocation payments, and—if they qualify as elderly or disabled long-term residents—their right to an extended withdrawal period. Tenants have 30 days after vacating to notify the owner in writing of interest in re-renting and should keep the owner updated on address changes. Those with questions about whether proper procedures were followed can contact 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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 8.22.400
Statement of purpose
§ 8.22.410
Definitions
§ 8.22.420
Application of this Article III

Source Information

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