4443 Briar Cliff Rd

Lease terms

NOTICE TO APPLICANTS AND TENANTS: OAKLAND LAW PROHIBITS RENTAL DISCRIMINATION BASED ON CRIMINAL HISTORY Ronald V. Dellums and Simarashe Sherry Fair Chance Access to Housing Ordinance No. 13581 C.M.S. (O.M.C. 8.25) IT IS UNLAWFUL FOR LANDLORDS TO DO ANY OF THE FOLLOWING WITH REGARD TO CURRENT OR PROSPECTIVE TENANTS: Inquire about criminal history Indicate that persons with criminal backgrounds will not be considered for housing Refuse to rent or terminate a tenancy based on criminal history Require disclosure or authorization for release of criminal history Demand higher security deposit or rental amount based on criminal history Refuse to allow the addition of an immediate family member based on the family member's criminal history Disqualify tenants from rental assistance programs such as Section 8 based on criminal history (subject to certain exceptions below) Take any other negative action against applicants/tenants based on criminal history EXCEPTIONS: LIFETIME SEX OFFENDERS: In some circumstances, landlords may check the state registry of lifetime sex offenders. Prior to doing so, a landlord must first: 1) Include a statement in the rental application informing applicants of the sex offender screening requirement; 2) Have already determined that an applicant meets all other rental criteria; 3) Provided the applicant with a conditional rental agreement; 4) Informed the applicant in advance of checking the sex offender registry; and 5) Either obtain written consent from the applicant or give the applicant an opportunity to withdraw their application prior to conducting a search. PUBLIC HOUSING: Public housing providers (i.e. Oakland Housing Authority) may be legally required to exclude the following persons from public housing and/or find such persons ineligible for Housing Choice Voucher Programs (Section 8): Persons subject to lifetime sex offender registration (42 U.S.C. Sec. 13663(a)) Persons convicted of manufacturing methamphetamine on federally-assisted housing property (24 C.F.R. Sec. 982.553) Prior to conducting any required criminal history search, landlords must inform applicants in advance and give applicants an opportunity to withdraw their application. SMALL PRIVATE RENTALS: The prohibition against consideration of criminal history does not apply to the following living situations: Single-family homes, duplexes, and triplexes where the owner occupies one of the units as a principal residence Units occupied by existing tenant(s) seeking to sublet or add/replace roommates WRITTEN NOTICE AND OPPORTUNITY TO RESPOND REQUIRED If a landlord takes any action against an applicant or tenant based on criminal history (such as refusing to offer a lease, refusing to add a family member, etc.), the landlord is required to provide the applicant/tenant with written notice and an opportunity to respond. Notice must include: The reasons for denial or other action Instructions on how to file a complaint with the City A list of local legal services A copy of the criminal history report, background check, or other information received that is the basis of the decision Tenant/applicant must be given opportunity to: Respond to the information Present any rebutting or mitigating information, such as evidence that the information is incorrect, was remedied, or otherwise should not be used to deny the applicant housing IF YOU BELIEVE A LANDLORD HAS VIOLATED THE LAW BY INQUIRING ABOUT, REFUSING TO RENT TO, OR OTHERWISE DISCRIMINATING AGAINST YOU ON THE BASIS OF CRIMINAL HISTORY: 1) You may submit a complaint to the City by filling out the attached form and sending, along with documentation, to: City of Oakland Housing Resource Center 250 Frank Ogawa Plaza, Suite 6313 Oakland, CA 94612 Complaint forms may be emailed to: For more information call: Housing Resource Center or visit 2) Attached is a list of legal services and other resources that may be available to assist you OAKLAND LAW PROHIBITS RENTAL DISCRIMINATION BASED ON CRIMINAL HISTORY Ronald V. Dellums and Simarashe Sherry Fair Chance Access to Housing Ordinance Housing Violators Subject to Administrative Action Violations by a housing provider of specific provisions of the Fair Chance Access to Housing Ordinance No. 13581 C.M.S. (O.M.C. 8.25) may be subject to an administrative citation. The City of Oakland may issue a citation for any violation of the Fair Chance Access to Housing Ordinance, including but not limited to the following: Inquire about criminal history Indicate that persons with criminal backgrounds will not be considered for housing Refuse to rent or terminate a tenancy based on criminal history Require disclosure or authorization for release of criminal history Demand higher security deposit or rental amount based on criminal history Refuse to allow the addition of an immediate family member based on the family member's criminal history Disqualify tenants from rental assistance programs such as Section 8 based on criminal history (subject to certain exceptions Take any other negative action against applicants/tenants based on criminal history If you believe there has been a violation, you may submit a request for the City of Oakland or its authorized agent to investigate possible violations. Complete a written complaint on the attached Declaration Form and mail or email to: City of Oakland Housing and Community Development Department 250 Frank Ogawa Plaza, Suite 6301 Oakland, CA 94612