Civil Code 1927

Tenant's Pursuit of Quiet Enjoyment

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This upcoming Tuesday the City Council of Oakland will be voting on a ballot measure proposed by City Council members Dan Kalb and Noelle Gallo — which may offer protection from evictions to tenants who live in owner-occupied duplexes and triplexes. Currently, tenants that live in owner-occupied duplexes and triplexes can be evicted without just cause as long as the landlord moves into one of the units for a period of time.

Many tenants rights advocates argue that the loophole is being abused by landlords (usually new investors) to get tenants out, raise rents and usher in tenants who will be able to pay for the increased cost of the unit. However, some landlords argue that they should have the right to decide who gets to live near them in their own building complex. Some housing experts argue that the problem is not landlords but rather the shortage of housing stock caused by the city’s zoning regulations which make it hard for developers to create housing in the city.

Unfortunately, the City of Oakland does not have the means to track the number of no cause evictions and no way of enforcing owner move ins. If the Oakland City Council approves the measure on Tuesday it will appear in November’s ballot for voters to have the final say.

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Click here for fill article in NBC News.

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