Sharing Oakland ADU policies

2 Replies

For those of you considering Oakland and ADU as a house hacking strategy, some notes from some east bay ADU advocates:

"On June 29, 2020 the CED Committee approved 64 amendments to the "Tenant Protection Ordinance" (TPO) as well as Rent Control and Measure EE (Video link of meeting at: http://oakland.granicus.com/MediaPlayer.php?view_id=2&clip_id=3681). I fully expect the Council to adopt these changes at the next scheduled meeting on 7/14/20 (Agenda posted at https://oakland.legistar.com/Calendar.aspx).

Highlights (lowlights) of these changes Include:

  • Applies all TPO provisions to new construction (removes existing exemption including ADU's)
  • Prohibits conversion of parking to ADU's (Illegal for the City to regulate under State Law, see attached legal opinion letters from CA for Homeownership and Bridge Realtors)
  • Creates numerous new causes of action for tenants to initiate civil lawsuits
  • Allows tenants to add roommates unilaterally even if prohibited in a lease. For example, tenants have the right to move-in anyone they choose up to: 2 persons for Studio, 3 persons in 1bd., 4 persons in 2bd.
  • Owner is prohibited from performing background and credit check of any new roommates
  • Late fees are capped at $50
  • Homeowners are prohibited from making any changes to their own property without tenant approval (such as common areas, backyard, walkways, laundry access, etc..)
  • Homeowners are prohibited from making any changes to the original lease
  • Tenant need not provide notice to property owners of required maintenance, but may proceed directly to litigation if they assert the owner showed a disregard for their "comfort.""

@Marcus Griswold - thanks for sharing. It looks like Oakland wants to take one the State. They are gonna be overruled.

Also, is it just me or is everyone else thinking about doing real estate business outside of California in the future? Just curious. I understand the sentiments behind these tenant protections but I think they are going to drive off developers and exacerbate an already tight housing market because developers will just stop building If they can't turn a profit. This would make the housing crisis much, much worse. The ADU rules should help curb the housing crisis but not if local cities start playing with the state rules like this.

Thanks for sharing @Marcus Griswold . This is sad to see as it appears your local governing body is submitting to State influenced legislation. I feel like the government is trying to get in on the rental housing market as it is growing each day. Over half the rental properties in the US are owned by small investors ("Mom and Pop"), and the Fed government has an agenda to inch their way into those profits. From what I've experienced, many of these laws are passed at the State level in places like New York and California, which means it's only a matter of time before they spread throughout the country. 

I think any government body should have very,very, very little say in what we do with our properties. I hope these ideas or regulations do not gain momentum.