Oakland Mun. Code Chapter 8.22 § 8.22.670
Civil remedies (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)
Operative Text
A. General Civil Remedies. 1. Enforcement by Aggrieved-Tenant. An aggrieved Tenant may bring a civil action for any combination of equitable relief, actual or statutory damages, and restitution for any violation of 8.22.640 . 2. Enforcement by City Attorney. The City Attorney may enforce the TPO through civil action for equitable relief, restitution, and/or penalties when the party against whom enforcement is sought has a pattern and practice of violating the TPO. A court may award civil penalties of up to one thousand dollars ($1,000.00) per day for each violation of subsection 8.22.640 A., B., E., G., or H. A court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that Code Section or any successor thereto. The City Attorney may also request that an administrative citation or civil penalty be issued by the City. The City Attorney has the sole discretion to determine the cases appropriate for enforcement by the City Attorney's Office. B. Special Damages. 1. Tenant Enforcement. a. Any person who violates, aids, or incites another person to violate subsection 8.22.640 A., E., G., or H. is liable in a court action for each and every such offense for money damages of not less than three (3) times actual damages suffered by an aggrieved Tenant (including damages for mental or emotional distress), or for minimum damages in the sum of one thousand dollars ($1,000.00), whichever is greater, and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the Owner acted in knowing violation of or in reckless disregard of the TPO. b. Any person who violates, aids, or incites another person to violate subsection 8.22.640 A., E., G., or H. with respect to Elderly or Disabled Tenants is liable in a court action for each and every such offense for money damages of no less than three (3) times the actual damages suffered by the aggrieved Tenant(s) (including damages for mental or emotional distress), or for minimum damages of two thousand dollars ($2,000.00), whichever is greater. c. Any person who violates, aids, or incites another person to violate subsection 8.22.640 A., E., G., or H. with respect to Catastrophically III Tenants is liable in a court action for each and every such offense for money damages of no less than three (3) times the actual damages suffered by the aggrieved tenant(s) (including damages for mental or emotional distress), or for minimum damages of two thousand five hundred dollars ($2,500.00), whichever is greater. d. A Tenant may only receive one form of heightened penalties as between Elderly, Disabled, and Catastrophically III. e. Any violation of Subsection 8.22.640 A.6. for threatening to report a Tenant or other person known to the Owner to be associated with a Tenant on the basis of their perceived or actual immigration status is liable in a court action for each and every such offense for money damages of no less than three (3) times the actual damages suffered by the aggrieved Tenant(s) (including damages for mental or emotional distress), or for minimum damages of two thousand dollars ($2,000.00), whichever is greater. f. A court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that Code Section or any successor thereto, but may not award both punitive damages and treble damages. C. Equitable Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates the TPO may be enjoined therefrom by any court of competent jurisdiction. A court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which violates this ordinance or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired through practices that violate this ordinance. An action for equitable relief under this Subsection may be brought by any aggrieved Tenant, by the City Attorney (for a pattern and practice only), or by an aggrieved Tenant who will fairly and adequately represent the interest of the protected class. D. Attorney's Fees and Costs 1. Action by City Attorney. In any administrative, civil, or special proceeding brought pursuant to the TPO, the City may, at the initiation of the proceeding, seek an award of attorney's fees. If the City seeks an award of attorney's fees, the award shall be made to the prevailing party. Provided however, that no award may be made to a prevailing party that exceeds the amount of reasonable attorney's fees incurred by the City in the action or proceeding. Court costs may be awarded to a prevailing party pursuant to state law. 2. Action by Tenant. In any civil action brought pursuant to the TPO, the prevailing Tenant is entitled to recover the Tenant's reasonable attorney's fees. A defendant Owner may recover reasonable attorney's fees if the complaint brought by the Tenant was devoid of merit and brought in bad faith. Court costs may be awarded to a prevailing party pursuant to state law. 3. Costs of Investigation. In the event the City Attorney brings an administrative, civil, or special proceeding pursuant to the TPO, the City Attorney may recover its costs of investigation. E. Statute of Limitations. The statute of limitations for an action shall be three (3) years, and all remedies under the Ordinance are available for the entire statutory period.
Oakland Municipal Code § 8.22.670 establishes the civil remedies available when the Tenant Protection Ordinance (TPO) is violated. Aggrieved tenants can pursue court actions seeking monetary damages, restitution, and equitable relief, while the City Attorney may act against those with a pattern of violations. Damages can be significantly elevated for violations affecting elderly, disabled, or catastrophically ill tenants, and for threats tied to immigration status. Claims must generally be filed within three years of the violation.
Plain English — not legal advice.
Under § 8.22.670, property owners and managers who violate the TPO's core prohibitions face exposure to treble damages, minimum statutory damages, and potentially punitive damages — with higher minimums when the affected tenant is elderly, disabled, or catastrophically ill. A prevailing tenant is entitled to recover reasonable attorney's fees, meaning litigation costs can compound quickly even for a single incident. Operators who maintain clear records of their practices and train staff on TPO requirements are generally better positioned to demonstrate compliance if a dispute arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 8.22.670 gives tenants who experience TPO violations the right to file a civil lawsuit seeking actual or statutory damages, restitution, and equitable relief such as an injunction. If you are elderly, disabled, catastrophically ill, or were threatened based on immigration status, the law sets higher minimum damages floors that may apply to your situation. Tenants who prevail in court are entitled to recover reasonable attorney's fees; tenant-rights organizations in Oakland can help you understand the enforcement paths available, including whether the City Attorney's office might also have an interest in the matter.
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.
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