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Oakland, CA Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum heat
68°F at 3 feet above floor
Bathroom fixtures
water closet, lavatory, bathtub or shower
Ceiling height minimum
7 feet 6 inches, habitable rooms
Enforcement
Building Official, O.M.C. Ch. 15.08
Substandard finding
unit declared public nuisance
Appeal path
Hearing Officer under O.M.C. 15.04.1.125

Summary

Oakland's Building Maintenance Code requires every rental dwelling unit to have a working bathroom, a kitchen with sink and cooking appliance, and heat capable of holding 68°F. The Building Official enforces these standards under O.M.C. Chapter 15.08, with violations treated as public nuisances subject to repair orders or vacation.

A.Dwelling Units, Lodging Houses, and Congregate Residences. Dwelling units, lodging houses, and congregate residences shall be provided with a bathroom equipped with plumbing fixtures consisting of a water closet, lavatory and either a bathtub or a shower receptor. ... C.Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with an approved kitchen sink, cooking appliance, refrigeration appliance and cabinet for storing food, crockery, cutlery, and cooking utensils. Wooden sinks or sinks of similarly absorbent material shall not be permitted. Drain boards shall be maintained waterproofed.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102 | Planning Code: Supplement 59).

Full Breakdown

C. 08) sets the baseline habitability standard for every rental unit in the city. 230(C) requires every unit to have a kitchen with an approved sink, cooking appliance, refrigeration appliance, and food-storage cabinet: wooden or similarly absorbent sinks are barred outright. 230(P) requires the premises to be kept free of rodent and insect harborage. 260(A) requires heating facilities capable of maintaining 68°F at three feet above the floor, and where the landlord controls the heating system rather than the tenant, the owner must run it continuously, 24 hours a day, in every habitable room.

240 requires operable locking devices on any window within 6 vertical feet of grade or reachable from a porch or roof. 090, triggering revocation of its Certificate of Occupancy and an order to repair, rehabilitate, or vacate. 110(C), either posted on the unit or mailed first class, per Health and Safety Code § 17980(d). C. 125.

Violations & Fines

Under Section 15.08.110(A), violating the Building Maintenance Code is a misdemeanor; conviction of an infraction and up to two subsequent convictions in a year draw the maximum fine allowed by law, and a fourth violation within twelve months can be charged as a misdemeanor with jail time. The violator is also liable for the City's abatement, inspection, and prosecution costs, and a judgment for fines or costs can be recorded against the property with the Alameda County Clerk-Recorder.

Frequently Asked Questions

Does Oakland require landlords to provide heat in rental units?
Yes. Section 15.08.260(A) of the Building Maintenance Code requires heating facilities that can hold 68°F at three feet above the floor in every habitable room. If the landlord controls the heating system rather than the tenant, the owner must run it continuously, 24 hours a day, whenever the unit is occupied.
What counts as a habitable bathroom in Oakland?
Section 15.08.230(A) requires a bathroom with a water closet, a lavatory, and either a bathtub or a shower receptor connected to approved plumbing. Vehicular residential facilities authorized under the Planning Code are exempt if on-site facilities meeting Planning Code Section 17.103.085 are provided instead.
What happens if a rental unit is found substandard in Oakland?
Under Section 15.08.090, a substandard building is declared a public nuisance, its Certificate of Occupancy is revoked, and it must be abated by repair and rehabilitation or by demolition, or it may be ordered vacated under the procedure in Article XI of the code.
Can a landlord be prosecuted for ignoring a habitability violation?
Yes. Section 15.08.110(A) makes violating the Building Maintenance Code a misdemeanor offense. An infraction conviction and up to two more within a year draw the maximum statutory fine; a fourth violation in twelve months can be charged as a misdemeanor carrying county jail time.

Sources & Official References

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