§ 8.22.730. Pre-Negotiation Disclosures and Notifications.

A.

Prior to commencing move out negotiations for a rental unit, an owner shall provide each tenant in that rental unit with a written disclosure on a form prescribed by the city, which shall include, but is not limited to, the following:

1.

A statement that the tenant has a right to refuse to enter into a move out agreement or engage in move out negotiations;

2.

A statement that the owner may not retaliate against the tenant for refusing to enter into a move out agreement or engage in move out negotiations;

3.

A statement that the tenant may choose to consult with an attorney before entering into a move out agreement or engaging in move out negotiations;

4.

A statement that offering payments to a tenant to vacate more than once in six (6) months after the tenant has notified the owner in writing that the tenant refuses to enter into a move out agreement or engage in move out negotiations constitutes harassment under the Tenant Protection Ordinance (O.M.C. 8.22.600, et seq.);

5.

A statement that the tenant may rescind the move out agreement for up to twenty-five (25) days after it is fully executed by all parties, unless the parties agree in writing to a shorter rescission period of not less than fifteen (15) days, provided that the tenant has not moved out, and the decision to rescind is unanimous among the tenants who are parties to the move out agreement;

6.

General eligibility for relocation payments and the amounts tenants may be entitled to;

7.

A statement that the tenant may find information regarding tenants' rights and contact information for tenants' assistance organizations at the city's Rent Adjustment Program office or on the rent adjustment program website, as well information regarding the city's other relevant online resources;

8.

A description of when tenants have an option or right to return to their rental unit under state or local law and an explanation that waiver of these rights, if applicable, may make a move out agreement more valuable;

9.

A statement that market rate rents in the area may be significantly higher than the tenant's current rent and that the tenant may wish to check rents for comparable rental units before entering into a move out agreement, particularly a move out agreement that waives any options or rights to return to the rental unit that the tenant may have;

10.

A statement that payments pursuant to a move out agreement may be subject to federal and/or state taxation and that the tenant should consult taxing authorities or a tax professional for more information or advice on taxability;

11.

A statement that move out agreements and documents related to move out agreements that are submitted to the city may be public, but that the city may redact personal information to the extent possible consistent with Oakland, state, and federal public records laws or policies. Parties to a potential move out agreement should be advised that information a party believes to be private may be subject to public disclosure;

12.

The names of all people authorized to conduct move out negotiations and enter into move out agreements on the owner's behalf;

13.

Any other information required by the Rent Adjustment Program consistent with the purposes and provisions of this Section;

14.

The following statements and question in bold letters with a space for the tenant to affix their initials next to each possible answer:

"Owners who fail to comply with the requirements of Oakland's Tenant Move Out Agreement Ordinance (O.M.C. 8.22.700, et seq.) may be subject to more significant penalties if the tenant is elderly, disabled, or catastrophically ill. As defined in the Ordinance, elderly tenants are sixty (60) years of age or older. Tenants are disabled if they are disabled under Section 12926 of the California Government Code. Tenants are catastrophically ill if they are both disabled under Section 12926 of the California Government Code and suffering from a life-threatening illness, as certified by their primary care physician. Do you believe that you are elderly, disabled, or catastrophically ill as those terms are defined above? Yes ___ No ___ I don't know ___ I prefer not to say ___."

15.

A space for the owner to sign and write the date on which the owner provided the tenant with the disclosure form; and

16.

A space for each tenant to sign and write the date on which they received the disclosure form.

B.

The owner shall provide the tenant with a fully executed copy of the disclosure form, or a copy of the disclosure form executed by the owner, within three (3) days of execution.

C.

The owner shall retain at least one (1) copy of each executed disclosure form, or the disclosure form executed by the owner along with a proof of service to the tenant, for five (5) years after the date on which the tenant executes the form or the owner serves the form. the owner shall maintain a record of the date(s) on which the owner provided the disclosure form to each tenant.

D.

Prior to commencing move out negotiations for a rental unit, the owner shall provide the following information to the Rent Adjustment Program, on a form prescribed by the Rent Adjustment Program and signed by the Owner under penalty of perjury:

1.

The owner's name, business address, business email address, business telephone number, and authorized agent, if applicable;

2.

The address of the rental unit that may be the subject of move out negotiations;

3.

A list of all dates on which the owner initiated other move out negotiations with any current or prior tenants at the property and the rental units occupied by each tenant, completed to the best of the owner's recollection and knowledge; and

4.

A statement that the owner provided each tenant with the disclosure form required under this Section.

E.

The city may make the information included on this form publically available, except that the city may redact information from the forms, including personal information, to the extent such redaction is consistent with Oakland, state, or federal laws or policy addressing disclosure of documents or information within the city's possession or control. The city does not warrant that information any party to the move out negotiation or agreement believes to be private will not be released.

F.

The owner and the tenant may agree on the means of communicating and the service of notices pursuant to this Chapter.

(Ord. No. 13483, § 1, 4-17-2018)