League of Women Voters of California
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Measure EE "Just Cause" Eviction City of Oakland City Ordinance - Majority Approval Required 44860 / 50.8% Yes votes ...... 43449 / 49.2% No votes
See Also:
Index of all Measures |
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Results as of Nov 15 4:54pm, 100.0% of Precincts Reporting (244/244) |
Information shown below: Fiscal Impact | Impartial Analysis | Arguments | Full Text | |||||
Shall an ordinance be adopted that provides that landlords of specified residential properties may evict a tenant only for reasons specified in the measure, such as non-payment of rent, breach of lease, damaging premises, disorderly conduct, drug or other illegal activity, rehabilitation of unit, landlord or relative occupancy, except in certain circumstances where the tenant is disabled, elderly or catastrophically ill, and provides for damages, penalties and attorneys' fees against landlords who violate this law.
FISCAL IMPACT The fiscal impact of the proposed measure is uncertain. The present ordinance, effective July 1, 2002, has not been in effect long enough to determine the actual workload and whether the workload will increase or decrease. This does not allow for a thorough comparison to be made between the present ordinance (Ordinance 12399) and the proposed ordinance (Resolution 77255) to determine whether that workload will increase or decrease. Administrative costs for the Rent Adjustment Program may be decreased or increased under the proposed ordinance depending on whether or not the total number of petitions, notices and reports required to be filed under the current ordinance will be in addition to the ones in the proposed ordinance. If the current ordinance is amended and eliminates some of the notices, petitions and reports, the workload may decrease. We do know that if the current ordinance is amended to accommodate the proposed ordinance, California Civil Code 1946, commonly known as the "30 day" notice, would no longer be needed, which may decrease the workload. However there are provisions in the proposed ordinance which were not a requirement in the current ordinance such as establishing rules and regulations to implement application procedures and the maintenance of notices of termination of tenancy which could possibly offset the workload.
s/ROLAND E. SMITH, CPA
A tenant's:
A landlord may also evict a tenant if the landlord:
(1) 60 years or older,
The measure would apply to all residential rental units except: Tenants may recover damages - including treble damages in some instances - costs, and attorney's fees for violations of the measure. The City Attorney may enforce the measure. State law permits cities to enact laws limiting the grounds for residential evictions.
s/JOHN RUSSO
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News and Analysis Oakland Tribune
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Arguments For Measure EE | Arguments Against Measure EE | ||
All Oakland residents should support Measure EE. Measure EE protects our hard working neighbors from being evicted just to raise the rent. Measure EE stops the eviction of seniors from their long time homes, neighborhoods, and the city they love.
Under Measure EE, working families will no longer have their lives suddenly uprooted by eviction notices that force them to vacate for no reason. Children will no longer be forced to change schools mid-year. Measure EE provides the sense of security and fairness that all Oaklanders deserve. Measure EE is critical for maintaining our city's diversity. We are a community where people of all races, ethnicities and incomes live and work together. But allowing working families, immigrants, seniors and the disabled to be forced out of their homes for no reason jeopardizes this. Our neighborhoods must not be for sale to the highest bidder. Measure EE protects tenants who work hard and play by the rules. Measure EE protects our neighbors who have been fighting to improve our city. Measure EE makes Oakland a safe place for all, regardless of income. There is no place like home. Our home is at the core of our sense of well being. Nobody should be forced out of their home without good cause. This basic principle of fairness currently does not apply to thousands of Oakland residents. Measure EE rectifies this. Measure EE says that renters should not be evicted without just cause.
s/ROY BENFORD
This ordinance is not about protection of renters from unjust rent increases. Measure EE expands the rights of tenants to sublet their apartment without the permission of the owner. Measure EE does not provide significant protection for seniors, the disabled or minorities. Measure EE allows tenants the right to sublet to their friends or others without the owner's permission. Oakland police officers oppose this measure as do neighborhood watch organizations. To remove a tenant involved in illegal activity such as drug dealing, stalking or disruptive behavior would require an expensive jury trial where other tenants would be required to testify publicly. The fastest way to ruin a neighborhood is to make it difficult to remove a bad tenant. Measure EE makes it virtually impossible to remove a tenant at any time for any reason.
Vote NO on Measure EE.
| This new ordinance of about ONE thing. It allows tenants the right to sublet an apartment or house without the owner of the property having any effective right to screen or approve the new subtenant.
This ordinance contains radical provisions similar to the one proposed some years ago by Uhuru House and was sensibly rejected by Oakland voters. As a practical matter, here is how this new law would work (not one word of which can be changed without a vote of the people). Mrs. Jones is retired and owns a fourplex. She lives in one of the apartments and rents out an apartment to Mary and Jane. The rental agreement prohibits subletting. Mary moves out and without permission from Mrs. Jones sublets the apartment to Rick. Mrs. Jones has no right to refuse the new subtenant. Rick has loud parties, people are coming and going at all hours. The neighbors complain. Under the new ordinance there is nothing Mrs. Jones can do. Mrs. Jones would have to jump through new legal hoops, hire a lawyer and prove in court that Rick is involved in illegal activity or damaging the property. While Rick might be obnoxious and a disruption to Mrs. Jones and to the entire neighborhood, proving in court they are involved in illegal activity would be near impossible. Rick can stay in the apartment forever and there is nothing Mrs. Jones can do about it. Please vote no on this extreme, poorly written ordinance. Please join Oakland beat officers, housing providers and neighborhood watch leaders and reject this ordinance.
s/SHANNON REEVES
Our opponents claim that the entire problem with Measure EE is that it would prevent landlords from enforcing lease provisions that prohibit subletting. This is NONSENSE. Section 6(A)(2) of the Ordinance specifically grants landlords the right to evict tenants who "substantially violate a material term of the tenancy." A no-sublet clause is a material term. Landlords will retain the right to promptly evict unauthorized subletters under Measure EE. Don't be deceived! The Republican Party, real estate speculators, and corporate interests will flood your mailboxes with similar lies about Measure EE. These groups hope that a deluge of phony horror stories and scenarios (like the one they published in this Voter's Handbook) will lead Oaklanders to vote against a measure that serves the community's interests. Don't let special interests and their high-priced campaign consultants ruin Oakland's future. Reject the scare tactics that have also been used against such causes as Medicare, environmental protections, and civil rights. Help reverse the tide of unfair evictions that is forcing working families, disabled people, seniors and people of color from their homes. Join religious leaders, the Central Labor Council, community leaders, senior groups, and housing advocates in voting YES on EE.
s/LARRY JONES, Police Officer
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Full Text of Measure EE |
WHEREAS, the laws of the State of California and the Housing Element of
the General Plan of the City of Oakland prohibit arbitrary discrimination by
landlords, and
WHEREAS, the right to occupancy of safe, decent, and sanitary housing is a human right, and WHEREAS, the City of Oakland's prolonged affordable housing crisis disproportionately impacts low income and working class households, senior citizens, people of color, and people with disabilities, and thereby increases homelessness and crime, harms neighborhood stability and cohesion, and damages business prospects for small businesses, and WHEREAS, recent state laws that eliminate limits on rent increases upon the vacation of rental units provide added economic incentive to evict tenants, such that the number of no cause evictions has increased markedly in recent years, and WHEREAS, the absence of a local law prohibiting a landlord from evicting a tenant without good cause is a signi•cant barrier to implementation and enforcement of the Oakland Residential Rent Arbitration Ordinance, and WHEREAS, residential tenants, who constitute approximately 65% of the residents of Oakland, suffer great and serious hardship when forced to move from their homes, and WHEREAS, basic fairness requires that a landlord must not terminate the tenancy of a residential tenant without good, just, non-arbitrary, non-discriminatory reasons, and WHEREAS, the good cause eviction protections enacted in San Francisco, Berkeley, Hayward, and other California cities, have aided community stability and reduced urban problems associated with arbitrary disruption of stable households, and WHEREAS, the general welfare of all citizens of Oakland would be enhanced if no cause evictions were prohibited, THEREFORE, the electorate of the City of Oakland hereby enacts this ordinance, prohibiting a landlord from terminating a tenancy without good or just cause: Section 1. Title. This ordinance shall be known as the Just Cause for Eviction Ordinance.
Section 2. Findings.
1.A public emergency exists in the City of Oakland due to the lack of adequate,
safe, sanitary, and affordable housing. This emergency disproportionately
impacts tenants of residential rental units, a majority of whom are
people of color, working class families, the homeless, those of low income,
and the elderly and disabled. Section 3. Purpose. The purpose of this Ordinance is to defend and nurture the stability of housing and neighborhoods in the City of Oakland by protecting tenants against arbitrary, unreasonable, discriminatory, or retaliatory evictions, thereby maintaining diversity in Oakland neighborhoods and communities while recognizing the rights of rental property owners. This Ordinance is intended to address housing problems in the City of Oakland so as to preserve the public health, safety, and welfare, and to advance the housing policies of the City with regard to low and fixed income persons, people of color, students, and those needing special protections, such as long-term elderly and disabled tenants. Section 4. Definitions. A. LANDLORD. An owner of record, or lessor or sublessor of an owner of record, or any other person or entity entitled either to receive rent for the use or occupancy of any rental unit or to maintain an action for possession of a rental unit, or an agent, representative, or successor of any of the foregoing. B. OWNER OF RECORD. A natural person, who is an owner of record holding an interest equal to or greater than thirty three percent (33%) in the property at the time of giving a notice terminating tenancy and at all times thereafter, until and including the earlier of the tenant's surrender of possession of the premises or the execution of a writ of possession pursuant to the judgment of a court of competent jurisdiction; but not including any lessor, sublessor, or agent of the owner of record. C. RENT. The consideration, including any deposit, bonus, benefit, or gratuity demanded or received for, or in connection with, the use or occupancy of rental units and housing services. Such consideration shall include, but not be limited to, moneys and fair value of goods or services rendered to or for the bene fit of the landlord under the rental agreement, or in exchange for a rental unit or housing services of any kind. D. RENT BOARD. City of Oakland Housing, Residential Rent, and Relocation Board (HRRRB), aka Residential Rent Arbitration Board (RRAB), aka Rent Arbitration Board, aka Oakland Rent Board, aka Rent Board, established under Ordinance No. 9980 and subsequent amendments. E. RENTAL AGREEMENT. An agreement, oral, written, or implied, between a landlord and a tenant for the use and/or occupancy of a rental unit. F. RENTAL UNIT (aka UNIT, aka PREMISES). Any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant. G. PROPERTY. A parcel of real property, located in the City of Oakland, that is assessed and taxed as an undivided whole. H. TENANT. Any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or any group of renters, tenants, subtenants, lessees, sublessees of a rental unit, or any other person entitled to the use or occupancy of such rental unit, or any successor of any of the foregoing. I. SKILLED NURSING FACILITY. A health facility or a distinct part of a hospital that provides, at a minimum, skilled nursing care and supportive care to patients whose primary medical need is the availability of skilled nursing care on an extended basis. Such facility must provide 24-hour inpatient care, an activity program, and medical, nursing, dietary, pharmaceutical services. Additionally, the facility must provide effective arrangements, confirmed in writing, through which services required by the patients but not regularly provided within the facility can be obtained promptly when needed. J. HEALTH FACILITY. Any facility, place or building that is organized, maintained, and operated for the diagnosis, care, and treatment of human illness, physical or mental, including convalescence and rehabilitation, and including care during and after pregnancy, or for any one or more of these purposes. K. MAXIMUM LAWFUL RENT. The maximum rent which may lawfully be charged for such unit under the terms of the Oakland Residential Rent Arbitration Ordinance or successor ordinances intended to limit or regulate rent charged for residential rental units within the City of Oakland. L. BUSINESS TAX DECLARATION. The annual declaration required to be filed in connection with a landlord's obtaining or renewing a City of Oakland business license for rental units. Any failure by a landlord to file such a declaration, whether pursuant to an exemption or otherwise, shall not relieve a rental unit from being subject to the provisions of this ordinance. M. CHILD/PARENT. A child/parent relationship is one in which a child is either a parent's biological child or adopted child, provided that such relationship was established prior to the child's eighteenth birthday and at least one year prior to the attempted eviction. At the time of attempted eviction, a child of an owner of record must be over the age of 18 or be emancipated. N. TENANTS' RIGHTS ORGANIZATION. Any unincorporated tenant's association, incorporated tenants association, nonprofit housing and/or tenant's rights entity of any form. Section 5. APPLICABILITY. The provisions of this Ordinance shall apply to all rental units in whole or in part, including where a notice to vacate/quit any such rental unit has been served as of the effective date of this Ordinance but where any such rental unit has not yet been vacated or an unlawful detainer judgment has not been issued as of the effective date of this Ordinance. However, Section 6 and Section 7(A)- (E) of the Ordinance shall not apply to the following types of rental units: A. Rental units exempted from Part 4, Title 4, Chapter 2 of the California Civil Code (CCC) by CCC § 1940(b). B. Rental units in any hospital, skilled nursing facility, or health facility. C. Rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception. D. Rental units in a nonprofit facility which provides a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in permanent housing and where occupancy is restricted to a limited and specific period of time of not more than 24 months and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception. E. Rental units in a residential property where the owner of record occupies a unit in the same property as his or her principal residence and regularly shares in the use of kitchen or bath facilities with the tenants of such rental units. For purposes of this section, the term owner of record shall not include any person who claims a homeowner's property tax exemption on any other real property in the State of California. F. A rental unit in a residential property that is divided into a maximum of three (3) units, one of which is occupied by the owner of record as his or her principal residence. For purposes of this section, the term owner of record shall not include any person who claims a homeowner's property tax exemption on any other real property in the State of California. G. A unit that is held in trust on behalf of a developmentally disabled individual who permanently occupies the unit, or a unit that is permanently occupied by a developmentally disabled parent, sibling, child, or grandparent of the owner of that unit. H. Newly constructed rental units which are completed and offered for rent for the first time after the effective date of the initial Oakland Residential Rent, Relocation, and Arbitration Ordinance, provided that such new units were not created as a result of rehabilitation, improvement or conversion as opposed to new construction. Section 6. Good Cause Required for Eviction. A. No landlord shall endeavor to recover possession, issue a notice terminating tenancy, or recover possession of a rental unit in the City of Oakland unless the landlord is able to prove the existence of one of the following grounds: (1) The tenant has failed to pay rent to which the landlord is legally entitled pursuant to the lease or rental agreement and under provisions of state or local law, and said failure has continued after service on the tenant of a written notice correctly stating the amount of rent then due and requiring its payment within a period, stated in the notice, of not less than three (3) days. However, this Subsection shall not constitute grounds for eviction where tenant has withheld rent pursuant to applicable law.
(10) The owner of record, after having obtained all necessary permits from the City of Oakland on or before the date upon which notice to vacate is given, seeks in good faith to undertake substantial repairs that cannot be completed while the unit is occupied, and that are necessary either to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of the building, or under an outstanding notice of code violations affecting the health and safety of tenants of the building.improvements consistent with the terms of the Oakland Residential Rent Arbitration Ordinance or any successor ordinance. (c) A notice terminating tenancy under this Subsection 6(A)(10) must include the following information:
(11) The owner of record seeks in good faith, without ulterior reasons and with honest intent, to remove the property from the rental market in accordance with the terms of the Ellis Act (California Government Code Section 7060 et seq.). B. The following additional provisions shall apply to a landlord who seeks to recover a rental unit pursuant to Subsection 6(A): (1) The burden of proof shall be on the landlord in any eviction action to which this order is applicable to prove compliance with Section 6.
4) Any written notice as described in Subsection 6(A)(2, 3, 4, 5, 7) shall be served by the landlord prior to a notice to terminate tenancy and shall include a provision informing tenant that a failure to cure may result in the initiation of eviction proceedings.
(7) Within ten (10) days of service of a notice terminating tenancy upon a tenant, a copy of the same notice and any accompanying materials must be filed with the Rent Board. Each notice shall be indexed by property address and by the name of the landlord. Such notices shall constitute public records of the City of Oakland, and shall be maintained by the Rent Board and made available for inspection during normal business hours. Failure to file the notice within 10 days of service shall be a defense to any unlawful detainer action. C. The following additional provisions shall apply to a landlord who seeks to recover a rental unit pursuant to Subsections 6(A)(9) or (10): (1) Where the landlord owns any other residential rental units, and any such unit is available or will become available between the time of service of written notice terminating tenancy and the earlier of the surrender of possession of the premises or the execution of a writ of possession pursuant to the judgment of a court of competent jurisdiction, the landlord shall, as a condition of obtaining possession pursuant to Section 6, notify tenant in writing of the existence and address of each such vacant unit and offer tenant the right to choose any available rental unit and at the tenant's option: i) to enter into a temporary rental agreement; or ii) to enter into a new rental agreement. The landlord shall offer that unit to the tenant at a rent based on the rent that the tenant is currently paying, with upward or downward adjustments allowed based upon the condition, size, and other amenities of the replacement unit. Disputes concerning the initial rent for the replacement unit shall be determined by the Rent Board. D. Substantive limitations on landlord's right to evict. (1) In any action to recover possession of a rental unit pursuant to Section 6, a landlord must allege and prove the following: E. In the event that new state or federal legislation confers a right upon landlords to evict tenants for a reason not stated herein, evictions proceeding under such legislation shall conform to the specifications set out in this Ordinance. Section 7. Remedies. A. Remedies for violation of eviction controls. (1) Atenant who prevails in an action brought by a landlord for possession of the premises shall be entitled to bring an action against the landlord and shall be entitled to recover actual and punitive damages, costs, and reasonable attorney's fees. B. Violation of the Ordinance. Any violation of the provisions of this ordinance or application thereof shall entitle the aggrieved tenant to actual and punitive damages according to proof and costs and attorney's fees. C. Authorization of City Attorney to enforce the Ordinance. The City Attorney shall have the authority to enforce provisions of this Ordinance; to bring actions for injunctive relief on behalf of the City, or on behalf of tenants seeking compliance by landlords with the Ordinance. D. It shall be unlawful for a landlord to refuse to rent or lease or otherwise deny to or withhold from any person any rental unit because the age of a prospective tenant would result in the tenant acquiring rights under this Ordinance. Any person who refuses to rent in violation of the Subsection shall, in addition to any other penalties provided by state or federal law, be guilty of a misdemeanor. E. It shall be unlawful for a landlord or any other person who willfully assists the landlord to endeavor to recover possession or to evict a tenant except as provided in Subsection 6(A). Section 8. Non-Waiverability. The provisions of this ordinance may not be waived, and any term of any lease, contract, or other agreement which purports to waive or limit a tenant's substantive or procedural rights under this ordinance are contrary to public policy, unenforceable, and void. Section 9. Partial Invalidity. If any provision of this ordinance or application thereof is held to be invalid, this invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions and applications of this ordinance are severable. |