Oakland Rent Adjustment Programs Application follows:
Hi Francis,
I have the following questions regarding the rent exemption in Oakland:
1) how long is the procedure? (two to three months for the hearing date so far. Also, sometimes when the property is vacant or has no existing tenant , it is okay for LL to file also and just put "tenant" on the field where you were asked in the application.
2) what documents (if any) shall I submit along with my application? To get a better chance for approval. the
AND sometimes people use google map and put as attachment of the exterior of the outside builidng ...
easy for judge to view and make quick decision
also typing it out sometimes works...well in presentation.
LIKE
Tenants. You must attach a list of the names and addresses, with unit numbers, of all tenants residing in the unit/building you are claiming is exempt.
for your reference: make sure it can NOT BE SEPARATELY SOLD. meaing it is not two or three separate houses / units...(ONLY ONE WHOLE PIECES...NO BACKYARD COTTAGE, NO IN-LAW)
Dwelling units exempt pursuant to the provisions of the “Costa-Hawkins Act” (see Ca.Civil Code § 1954.52; these exemptions generally apply to single family dwellings and condominiums).
I have the following questions regarding the rent exemption in Oakland:
1) how long is the procedure? (two to three months for the hearing date so far. Also, sometimes when the property is vacant or has no existing tenant , it is okay for LL to file also and just put "tenant" on the field where you were asked in the application.
2) what documents (if any) shall I submit along with my application? To get a better chance for approval. the
AND sometimes people use google map and put as attachment of the exterior of the outside builidng ...
easy for judge to view and make quick decision
also typing it out sometimes works...well in presentation.
LIKE
Tenants. You must attach a list of the names and addresses, with unit numbers, of all tenants residing in the unit/building you are claiming is exempt.
for your reference: make sure it can NOT BE SEPARATELY SOLD. meaing it is not two or three separate houses / units...(ONLY ONE WHOLE PIECES...NO BACKYARD COTTAGE, NO IN-LAW)
Dwelling units exempt pursuant to the provisions of the “Costa-Hawkins Act” (see Ca.Civil Code § 1954.52; these exemptions generally apply to single family dwellings and condominiums).
SF rent board
Any tenancy in a single-family home or condominium that commenced before January 1, 1996 is still subject to the entire Ordinance. This includes continuing tenancies even where there is no original tenant remaining who was living in the unit prior to January 1, 1996.
A single-family dwelling with a legal in-law unit constitutes a two-unit building and is not exempt from the Ordinance. A single-family dwelling with an illegal in-law unit also constitutes a two-unit building and is not exempt, unless both units are rented together as a single tenancy.
A single-family dwelling is not exempt if there is another residential structure on the same lot.
A house occupied by an owner who rents out more than one room as separate rental units, in a situation akin to a boarding house, may not qualify for exemption as a single-family dwelling.
A single-family dwelling with a legal in-law unit constitutes a two-unit building and is not exempt from the Ordinance. A single-family dwelling with an illegal in-law unit also constitutes a two-unit building and is not exempt, unless both units are rented together as a single tenancy.
A single-family dwelling is not exempt if there is another residential structure on the same lot.
A house occupied by an owner who rents out more than one room as separate rental units, in a situation akin to a boarding house, may not qualify for exemption as a single-family dwelling.
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Being a rent adjustment board bi-lingual hearing officier
1. Escort both parties in the meeting room. Wait for 15 minutes if either party is absent from the hearing.
2. Identify the non-involved parties while signing in and use "agent of the landlord" or "witness" (if the party did witness during the period of the jurisdiction)
3. Oathing both parties "Under the perjury...YOU will tell the truth and nothing but the truth." then the interpreter "interpret competently without adding omitting and changing"
4 Going to be record and everything should be addressed verbally or orally. Gesture or nodding will not be recorded.
5 Topic of today meeting eg "Certificate of Exemption for Single Family Housing is approved or not " Decision will not be made today and mailed to you within the following 30 days. / "Issure of the housing at 751 street has under the exemption of State Law civil Code 1954.50. Many house are not subject to the Rent board law. (BUT THE CALIFORNIA law may also disallow Wong to move in and kick tenant out also and if so, then all these $30 fee etc are "show" " and "time-consuming" [ internal interpreter hired are not used but outside interpreter via EAO with more $ are ordered!!] )
6 If one party is absent, then under the recording :"For the record, Notice of this hearing to tenant stated 1/5/2011 at 10 am is served. "
7 Questioning to the party first, then if any topic which is not addressed, you will have the opportunity to state and tell us. However sometimes :"I am not here to answer legal questions. You should consult your attorney."
a Does you move in before the tenant?
b Did you receive any Notice of Abatement before the tenant? [If landlord did got abatted, then this is a case of Abatement?']
(If it need repair and fix, then having a tenant inside is harder than moving in as a residence first)
8 Steve:" If the property is under the exemption of the Rent Adjustment Board Ordinance, then you can increase the rent without according the board. BUT it is up to the tenant if they move out or not? / Evidence show that ...
9 when landlord asked questions about eviction, then hearing officier :"this is not the case of eviction. You should consult an attorney to do the eviction.
Terminology:
Just Cause Ordinance
protocol
Notice of Abatement
2. Identify the non-involved parties while signing in and use "agent of the landlord" or "witness" (if the party did witness during the period of the jurisdiction)
3. Oathing both parties "Under the perjury...YOU will tell the truth and nothing but the truth." then the interpreter "interpret competently without adding omitting and changing"
4 Going to be record and everything should be addressed verbally or orally. Gesture or nodding will not be recorded.
5 Topic of today meeting eg "Certificate of Exemption for Single Family Housing is approved or not " Decision will not be made today and mailed to you within the following 30 days. / "Issure of the housing at 751 street has under the exemption of State Law civil Code 1954.50. Many house are not subject to the Rent board law. (BUT THE CALIFORNIA law may also disallow Wong to move in and kick tenant out also and if so, then all these $30 fee etc are "show" " and "time-consuming" [ internal interpreter hired are not used but outside interpreter via EAO with more $ are ordered!!] )
6 If one party is absent, then under the recording :"For the record, Notice of this hearing to tenant stated 1/5/2011 at 10 am is served. "
7 Questioning to the party first, then if any topic which is not addressed, you will have the opportunity to state and tell us. However sometimes :"I am not here to answer legal questions. You should consult your attorney."
a Does you move in before the tenant?
b Did you receive any Notice of Abatement before the tenant? [If landlord did got abatted, then this is a case of Abatement?']
(If it need repair and fix, then having a tenant inside is harder than moving in as a residence first)
8 Steve:" If the property is under the exemption of the Rent Adjustment Board Ordinance, then you can increase the rent without according the board. BUT it is up to the tenant if they move out or not? / Evidence show that ...
9 when landlord asked questions about eviction, then hearing officier :"this is not the case of eviction. You should consult an attorney to do the eviction.
Terminology:
Just Cause Ordinance
protocol
Notice of Abatement
