Converting a triplex into a duplex in Oakland?

Question

I am looking at buying a vacant triplex in a residential section of Oakland that is mostly single family homes, and then converting into a duplex. In terms of permitting, would this be a huge hassle with the city of Oakland? Any advice appreciated.

Wong Stuarts · Answer

We wanted to because we lived in one of hte units, it was too small for our growing family, and buying a bigger house was difficult.

Brian Garlington · Answer

Yes that was a serious question :-)

Brian Garlington · Answer

Why would you want to convert a triplex into a duplex in Oakland?

Greg S. · Answer

Why would you want to do that?  Your motives/objectives may inform the answers you receive. Will you be an occupant?

I know the per unit value of a duplex is higher than the per unit value of a triplex, but during a recession, more buyers may be able to afford a higher priced triplex due to the rental income.

The city has a new incentive to eliminate units - a vacancy tax:

Oakland's Vacant Property Tax

With TOPA practically knocking at the front door, the city is establishing another incentive to eliminate rental units of small rental property landlords:

Stop TOPA

You might be able to obtain records of those who secured permits to downsize.  Check with the city's excellent public records act staff:

The City of Oakland public records request portal

I helped a neighbor downsize from 2 to 1 in Berkeley because at that time, the city prohibited ADUs from being built on duplex or higher unit count properties (it still would be prohibited if not for the fine work of the Bay Area Council working with Senator Wieckowski to change state law).  But the point is that sometimes, changes are allowed, especially if the units are empty.

In Berkeley, the code apparently allows conversion back to original configurations.  Since the home started out originally as a single, the 2-to-1 conversion was authorized, a kitchen was removed from the second floor and a new ADU was then built to house extended family.

Your research might show that one of the 3 units was not clearly built with permits.  Regardless of whether the original expansion was legitimate (e.g., prior to permit records, due to lost records, etc.), it would be understandable to seek to formally cancel the unit given the anti-landlord legal climate in Oakland and Berkeley.

As Oakland tax revenues for rental activities show, many small landlords are being forced out of the rental business because it has become too risky, legally, to rent a spare unit in your home. Zero in on how those folks exited the rental business for their units.

There are consultants who can advise you on such issues.  And there are probably some builders who specialize in permitted conversion.  I would guess there are exceptions to every rule so do not take the first 'no' as the best and final answer.

Paul Merriwether · Answer

Ask & you'll get a response from the City.

Hayden H. · Answer

It would be extremely difficult to do given there is a housing shortage in the bay area. Unless the units are in unlivable condition and you can convince the City that 2 units are better than 0 livable units, I don't think it will be possible. I've asked this question to the City of Berkeley and got a similar response for a property at 1636 7th st Berkeley which is also a triplex.