Measure V

Oakland Just Cause Eviction

CITY OF OAKLAND—Would amend the Just Cause for Eviction Ordinance to: (1) prohibit no-fault evictions of children and educators during the school year; (2) extend eviction protections to tenants in recreational vehicles (RVs), tiny homes on wheels, and newly constructed units except during the first 10 years after issuance of the certificate of occupancy; (3) remove failure to sign a new lease as grounds for eviction; and (4) make other clarifying amendments. Measure V requires a simple majority (50% + 1) to pass.

Fiscal Impact: Would have should be negligible fiscal impacts, as any staffing or other costs associated with the measure would likely be offset by the fees assessed on the additional rental units and vehicular residential facilities that would be subject to the Ordinance.

Next Alameda County Measure: Measure W

See Endorsements for Measure V

The Just Cause for Eviction Ordinance (Oakland Municipal Code Chapter 8.22, Article II) has been in effect since 2003 and generally allows landlords to evict tenants from residential rental units only for a limited number of reasons that are specified in the Ordinance, i.e., "just cause" reasons/grounds for eviction.

Currently, residential rental units built after 1995 are exempt from the Ordinance's coverage, i.e., landlords of such units may evict tenants without satisfying one of the "just cause" grounds specified in the Ordinance. This measure would replace this exemption with a provision that exempts only units that were constructed within the past 10 years.

Currently, the Ordinance does not explicitly address eviction protections for Vehicular Residential Facilities such as recreational vehicles ("RVs") and tiny homes on wheels ("Vehicular Residential Facilities"). This measure would clearly provide eviction protections to tenants who reside in "Vehicular Residential Facilities." Coverage under the Just Cause for Eviction Ordinance is distinct from coverage under the Residential Rent Adjustment Program Ordinance, which regulates the amount of rent that landlords can charge tenants.

Currently, a tenant may be evicted if they fail to sign a new lease agreement after their lease expires. This measure would remove failure to sign a new lease as a just cause for eviction. Under state law, the lease would convert to a month-to-month tenancy when the original lease term expires.

The measure also would limit certain "no fault" evictions when a teacher or other school employee or a minor who is enrolled in school resides in the unit as a tenant or as a family member of a tenant. For such households, a landlord could seek to evict the tenants from the unit so that the landlord or the landlord's relative can move in during the summer recess from school. During the school year, the tenants in such a household would have a defense to this type of an eviction.

Additionally, under existing law, when a landlord evicts a tenant in order to move into the unit or have a qualifying relative move into the unit, the landlord or relative must move into the unit within three months after the tenant moves out and must reside in the unit for at least three consecutive years. This measure would clarify that if the landlord or relative does not comply with the foregoing requirements, the landlord must allow the tenant to move back into the unit at the same rental rate the tenant was paying when they vacated the unit. The three-month move-in period may be extended for certain reasons, such as to complete certain renovations. This measure was placed on the ballot by the Oakland City Council.

Source: City Attorney's Impartial Analysis of Measure V

City of Oakland Elections Office