Oakland Mun. Code Chapter 8.22 § 8.22.940
Prohibited activity (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)
Operative Text
It is unlawful for any owner to do or attempt to do any of the following that is wholly or partially based on receipt of housing assistance: A. To refuse to rent; to require different terms for renting; B. To misrepresent that a rental unit is unavailable for rent; C. To include in the terms or conditions of a rental agreement any clause, condition, or restriction, unless those clauses, conditions, or restrictions are required from the source of housing assistance to receive such assistance; D. To refuse or restrict facilities, services, repairs, or improvements for any current tenant or applicant; E. To serve a notice of termination of tenancy; commence an unlawful detainer action; or otherwise deny or withhold the use of a rental unit; F. To make, print, publish, advertise, or disseminate in any way, or cause to be made printed or published, advertised or disseminated in any way, any notice, statement, or advertisement with respect to a rental, that unlawfully indicates preference, limitation, or prejudice based on receipt of housing assistance; G. To use a financial or income standard for rental housing that gives preferential treatment to income earned, or rental payments made, directly by an applicant over housing assistance, or that discounts or discriminates against housing assistance.
Oakland Municipal Code § 8.22.940 prohibits landlords from taking a wide range of adverse actions against applicants or tenants based on their use of housing assistance, such as Section 8 vouchers. Covered actions include refusing to rent, misrepresenting availability, imposing discriminatory lease terms, withholding services, issuing termination notices, publishing biased advertisements, and applying income standards that discount housing assistance payments. The rule treats housing assistance as a protected characteristic in the rental process.
Plain English — not legal advice.
Under § 8.22.940, compliant operators evaluate applicants who use housing assistance on the same terms and conditions applied to any other applicant, including income-qualification standards that count assistance payments equally with earned income. Operators also ensure that lease clauses, advertising, and maintenance practices do not single out or disadvantage tenants or applicants because they receive housing assistance, except where a specific clause is expressly required by the assistance program itself.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8.22.940 gives you the right to be considered for and to occupy a rental unit without being penalized for using a housing voucher or other assistance. If you believe an owner has violated this provision—by refusing your application, misrepresenting availability, or applying a discriminatory income standard—you may file a complaint with the City of Oakland or raise the violation as a defense in an unlawful detainer proceeding. Tenant-rights organizations in Oakland can help you understand the options available under this provision.
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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