Oakland Mun. Code Chapter 8.22 § 8.22.970
Miscellaneous (Oakland Rent Adjustment Program and Just Cause for Eviction Ordinances)
Operative Text
A. Non-Waivability. The provisions of this Chapter may not be waived. Any term of any rental agreement, lease, contract, application for rental of a unit, or other agreement which purports to waive or limit a current tenant's or person's substantive or procedural rights under this Chapter is contrary to public policy, unenforceable, and void. B. Retaliation Prohibited. Retaliation against a person because of the person's exercise of rights under this Chapter is prohibited and constitutes a violation of this Chapter. Retaliation claims may only be brought in court and may not be addressed administratively. C. Administrative Burden. While landlords may face some administrative burdens to receive housing assistance, new or greater administrative burden associated with receiving housing assistance is not a defense to any violation of this Chapter. D. Rules and Regulations. The City Administrator is authorized to create and amend rules and regulations, and forms consistent with this Chapter.
Oakland Municipal Code Chapter 8.22 § 8.22.970 establishes several overarching rules for the Chapter as a whole: its protections cannot be signed away in any lease or rental agreement, and any clause attempting to do so is void. Retaliation against anyone for exercising rights under the Chapter is a violation, though retaliation claims must be pursued in court rather than through administrative channels. Administrative burdens a landlord may encounter when receiving housing assistance do not excuse noncompliance, and the City Administrator holds authority to issue and update implementing rules and forms.
Plain English — not legal advice.
Under § 8.22.970, compliant operators avoid including any lease or application language that attempts to limit or waive tenant rights established by Chapter 8.22, as such clauses are unenforceable regardless of whether a tenant signs them. Operators also refrain from taking adverse action against a tenant in response to that tenant's exercise of Chapter rights, and they do not cite administrative complexity around housing assistance as a justification for noncompliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 8.22.970 means that no lease clause can strip away the rights Chapter 8.22 gives you — if a rental agreement contains such a clause, it is void and cannot be enforced against you. If you believe a landlord has retaliated against you for exercising your Chapter rights, that claim must be raised in court rather than through an administrative body, and a tenant-rights organization can help you understand what options are generally available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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