Oakland Mun. Code Chapter 8.22 § 8.22.640

A. No Owner or such Owner's agent, contractor, subcontractor, or employee, shall do any of the following, in bad faith. Subsections 15. and 17.--21. shall apply beginning April 21, 2020.
1. Interrupt, terminate, or fail to provide housing services required by contract or by State, County or municipal housing, health or safety laws, or threaten to do so;
2. Fail to perform repairs and maintenance required by contract or by State, County or municipal housing, health or safety laws, or threaten to do so;
3. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts;
4. Abuse the Owner's right of access into a rental housing unit as that right is provided by law;
5. Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to the procedure set forth in Civil Code section 1980, et seq. (disposition of Tenant's property after termination of tenancy).
6. Influence or attempt to influence a Tenant to vacate a Rental Unit through fraud, intimidation or coercion. This includes threatening to report a Tenant or other person known to the Owner to be associated with a Tenant to any local, state, or federal agency on the basis of their perceived or actual immigration status. The prohibition shall not be construed as preventing communication with such agencies regarding an alleged immigration violation;
7. Offer payments to a Tenant to vacate more than once in six (6) months, after the Tenant has notified the Owner in writing the Tenant does not desire to receive further offers of payments to vacate;
8. Attempt to coerce a Tenant to vacate with offer(s) of payments to vacate which are accompanied with threats or intimidation. This shall not include settlement offers made in good faith and not accompanied with threats or intimidation in pending eviction actions;
9. Threaten the Tenant or their guests, by word or gesture, with physical harm;
10. Substantially and directly interfere with a Tenant's right to quiet use and enjoyment of a rental housing unit as that right is defined by California law;
11. Refuse to accept or acknowledge receipt of a Tenant's lawful rent payment, except as such refusal may be permitted by state law after a notice to quit has been served on the Tenant and the time period for performance pursuant to the notice has expired;
12. Refuse to cash a rent check or money order for over thirty (30) days unless a written receipt for payment has been provided to the Tenant, except as such refusal may be permitted by state law after a notice to quit has been served on the Tenant and the time period for performance pursuant to the notice has expired;
13. Interfere with a Tenant's right to privacy. This includes, but is not limited to: video or audio recording that captures the interior of a Tenant's unit, entering or photographing portions of a Rental Unit that are beyond the scope of a lawful entry or inspection, unreasonable inquiry into a Tenant's relationship status or criminal history, and unreasonable restrictions on or inquiry into overnight guests;
14. Request information that violates a Tenant's right to privacy, including but not limited to residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, or not release such information except as required or authorized by law. This includes a refusal to accept equivalent alternatives to information or documentation that does not concern immigration or citizenship status, e.g. an Individual Taxpayer Identification Number (ITIN);
15. Unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless: (1) the change in the terms of the tenancy is authorized by the Rent Adjustment Ordinance or California Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by federal, state, or local law or regulatory agreement with a government agency; or (2) the change in the terms of the tenancy was accepted in writing by the Tenant after receipt of written notice from the Owner that the Tenant need not accept such new term as part of the rental agreement;
16. Removing a housing service for the purpose of causing the Tenant to vacate the Rental Unit;
17. Engage in conduct that violates California Civil Code Section 789.3, including but not limited to an illegal lockout and utility shutoff;
18. Violate the Unruh Civil Rights Act (California Civil Code 51 et seq.);
19. Commit elder financial abuse as defined by California Welfare and Institutions Code 15610.30 et seq. of a Tenant;
20. Misrepresent to a Tenant that they are required to vacate a Rental Unit or otherwise entice a Tenant to vacate a Rental Unit through misrepresentations or concealment of material facts;
21. Force a Tenant to vacate their Rental Unit and reregister in order to avoid classification as a tenant under Civil Code 1940.1. Forced vacation can be implied from the totality of the circumstances;
22. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.
B. Retaliation Prohibited. Retaliation against a Tenant because of the Tenant's exercise of rights under the TPO is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by the TPO in evaluating a claim of retaliation.
C. Evictions. Nothing in the TPO shall be construed as to prevent an Owner from lawfully evicting a Tenant pursuant to state law or Oakland's Just Cause for Eviction Ordinance. (O.M.C. 8.22.300 , et seq.).
D. Rent Adjustments. Nothing in the TPO shall be construed as to prevent an Owner from lawfully increasing a Tenant's rent pursuant to state law or Oakland's Rent Adjustment Ordinance (O.M.C. 8.22.100 , et seq.), and such increases shall not be deemed violations of Section 8.22.640 of the TPO.
E. Notice to Tenants.
1. Commencement.
a. For Rental Units covered by the Rent Adjustment Ordinance the Notice at Commencement of Tenancy required by O.M.C. 8.22.060 shall include a reference to the TPO.
b. For all Rental Units that are not covered by the Rent Adjustment Ordinance, Owners are required to provide a notice regarding the TPO to all Tenants using the required form prescribed by the City staff.
2. Common area. If Rental Units subject to this ordinance are located in a building with an interior common area that all of the building's Tenants have access to, the Owner must post a notice in at least one such common area in the building via a form prescribed by the City staff.
F. Repairs and maintenance. Nothing in the TPO shall be construed as requiring different timelines or standards for repairs or maintenance, as required by contract or State, County or municipal housing, health, and safety laws, or according to appropriate industry protocols.
G. Severances Prohibited. The following amenities, supplied in connection with use or occupancy of a rental unit, may not be severed from a tenancy without good cause: (1) Garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, or gardens on the same lot; (2) kitchen facilities, toilet facilities, or lobbies in residential hotels. For purposes of this Subsection, good cause shall include (1) requirement by federal, state, or local law, such as O.M.C. Chapter 15.27 , (2) acceptance of the severance in writing by the Tenant after receipt of written notice from the Owner that the Tenant need not accept the severance, (3) ownership by an affordable housing provider as defined by Section 8.22.620 where either (a) the severance is unavoidable in order for the addition of one or more new affordable housing units to proceed and the owner has obtained all necessary permits for constructing the additional unit(s) or (b) the severance results from the removal of a balcony for which repair or removal was necessary for safety and the owner has obtained all necessary permits for the removal, (4) addition of one or more Accessory Dwelling Units (as defined by Government Code Section 65852.2(j)(1), provided that the owner has obtained all necessary permits for constructing the additional unit(s) and the severance is not of a garage facility, parking facility, or driveway more than one-half mile from a designated transit hub, or a laundry room, and is unavoidable in order for the addition of the unit(s) to proceed, and (5) other good cause as provided by regulation, adopted in the same manner as provided by Rent Adjustment Program Regulation Section 8.22.040 B.4.b. A severance does not include noticed temporary unavailability of the above housing services in order to perform necessary work with all required permits. For units covered under the Rent Adjustment Ordinance, any severance permitted under this Section shall be offset by a corresponding reduction in rent. Either an owner or a tenant may file a petition with the Rent Adjustment Program to determine the amount of the rent reduction. This subsection shall apply beginning April 21, 2020.
H. Late payment fees. Late fees may not be imposed except if provided for in a written rental agreement. Notwithstanding any lease provision to the contrary, fees for late payment of rent shall not exceed a total of three percent (3%) of the monthly rent for each payment of rent and may only be applied for rent which is five (5) or more days overdue. This subsection shall only apply if the applicable written rental agreement was entered into or renewed on or after April 16, 2020.