Rental Housing July/August 2021

Page 16

Advocate

SHIFTING SANDS RAP UPDATE by Joshua Polston In the spring of 2020, Oakland Councilmember Dan Kalb proposed a set of modifications to Oakland’s Tenant Protection Ordinance. The majority of the modifications were focused on protecting renters’ rights to live on the rental property. There was one area, primary residency, that the council did recognize 14 JULY+AUGUST 2021 / EBRHA.COM

as a potential area for abuse. Some renters, after moving to a new home or place of residence, hold on to their rent-controlled unit and use it as a pied-à-terre or possibly even sublease it to others. Based in part on EBRHA’s advocacy efforts, on May 18, 2021, the Oakland City Council approved modifications to the ordinance that discourage renters from gaming the system once they have moved from a

unit. These provisions modify Section 8.22.070.C.1.f and allow the following petitions to the City of Oakland RAP (Rent Adjustment Program): Primary Residency—If the renter no longer uses the unit as a primary home, a property owner may petition to increase the rent to market rate. Rental Arbitrage—If the primary renter is subletting the unit and is charging the subletter more than the actual rent

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