CITY OF OAKLAND SUPPLEMENTAL REPORT TO: Council President Fortunato Bas and Members of the Council FROM: Councilmembers Dan Kalb and Carroll Fife CC: City Administrator, Ed Reiskin DATE: July 7, 2022 RE: Supplement Information Regarding Proposed Amendments to the City of Oakland’s Just Cause for Eviction Ordinance I. INTRODUCTION On July 11th, the City Council will continue its consideration of Councilmember Kalb and Fife’s proposed amendments to the City’s Just Cause for Eviction Ordinance. These proposed amendments were initially heard during the Oakland City Council’s July 5th meeting. In response to public comment and the Council’s discussion of the item, Councilmembers Kalb and Fife would like to provide the following additional information. II. SUPPLEMENTAL INFORMATION Absence of new construction exemptions: Some proponents for a new construction exemption to Oakland’s Just Cause for Eviction Ordinance have requested the citations from the municipal codes to support the contention that many San Francisco Bay Area cities do not have new construction exemptions to their just cause for eviction ordinances. The following Bay Area cities have no new construction exemption in their just cause for eviction ordinances: Alameda (Alameda Municipal Code Section 6-58.20) East Palo Alto (East Palo Alto Municipal Code Section 14.04.050(A)) Emeryville (Emeryville Municipal Code Section 5-40.02) Fairfax (Fairfax Municipal Code Section 5.54.020) Hayward (Hayward Municipal Code Section 12-1.04(v)) Richmond (Richmond Municipal Code Section 11.100.030(m)) San Francisco (San Francisco Municipal Code Section 37.2(r)) San Jose (San Jose Municipal Code Sections 17.23.1220(O), 1230) Union City (Union City Municipal Code 5.50.030) Each of these cities does have a date of construction exemption for rent control, as required by the Costa Hawkins Rental Housing Act, but does not have one for just cause.
Councilmembers Dan Kalb – July 7, 2022 Re: Supplement Information Regarding Proposed Amendments to the City of Oakland’s Just Cause for Eviction Ordinance Potential effect of no new construction exemption on new housing stock: Some proponents of a new construction exemption to Oakland’s Just Cause for Eviction Ordinance have asserted that the City will see a dramatic decrease in the production of new housing stock without an exemption for new construction. The data says otherwise. The following table reflects data provided by the California Department of Housing and Community Development for the numbers of above-moderate-income regional housing needs allocation performance in several Bay Area cities that do not have exemptions for new construction in their just cause for eviction ordinances (Oakland’s current numbers are included). Above-Moderate-Income RHNA Performance in Bay Area Jurisdictions That Apply Just Cause to New Construction, 2015-2021 City Above Mod Units Permitted Above Mod RHNA Above Mod % Permitted Alameda (City) 1,775 748 237% East Palo Alto 15 266 6% Emeryville 1,052 752 140% Fairfax 14 23 61% Hayward 2,824 1,981 143% Mountain View 4,658 1,093 426% Richmond 805 1,282 63% San Francisco 21,023 12,536 168% San Jose 15,052 14,231 106% Union City 403 417 97% All 50,736 34,730 146% These numbers appear to reflect that the general strength of the residential development market seems to drive permitting and construction trends more than whether or not just cause applies to new construction. Oakland is clearly a city with a strong residential development market, and the evidence indicates that including new homes in just cause is highly unlikely to change that. Respectfully submitted, Councilmember Dan Kalb, District 1. Councilmember Carroll Fife, District 3 Prepared by: Prepared by: Deidra Moss, Office of Tonya Love, Office of Councilmember Dan Kalb, District 1 Councilmember Carroll Fife, District 3