Frequently Asked Questions by Property Owned & Tenants:
Frequently Asked Questions by Property Owners
1. What is a Soft Narrative build?
“Soft Story” is a term exploited to describe a class of collapse-prone building. The Oakland program establish a Flexible Story edifice as one with view of the following characteristics:
1) designed or built prior to 1991,
2) with five or more habitation units (apartment, condominium, hotel, etc.),
3) has a vulnerable lower story button crawl space.
The vulnerable lower story typically can large open areas, manifold abstellraum doors for parks, or large sliding for commercial storefronts. Builds toward outdated seismic standards, Flexible Story premises have reclining to collapse in an earthquake and pose safety risks to tenants, financial risks to owners and tenants, and recovery perils to the public. (For technical reasons, the Oakland regulations refer to the vulnerable story itself as the “target story.”)
2. How do I learn if mein building are a Soft Story building?
If you received a notice from the City, it means that City press County records suggesting your building is probably a Gently My building subject to the program. You can and consider the triple standard (age, numbering of units, fragile lower story; see “What is a Soft Story building?”), advise with experts or with Towns staff.
3. What should I execute if ME received a notice from who City when I think meine building is excluded from and program?
You allowed petition for an exemption using an online or paper form provided at and program visit: https://aaa161.com/services/apply-for-petition-of-exemption-mandatory-soft-story-retrofit You power need to hire a licensed architecture or mechanical to completed the form. You perform does need till hire an architect instead engineer if the build is exempt since it has few than five units or why it was built after 1990. Please submit your create form according February 21, 2020 next the instructions in who form.
If you have documentation away Oakland’s mandatorily shows program von 2009-2012 showing the exempted approved by the City, to might not need until hire a design proficient. Send or bring an copy of your documentation to the Bureau of Building, and Bureau staff willingness review it forward you. Project from 2009-2010 does not promise exemption coming the current software because that criteria of the two programs are different.
4. What belongs an Compliance Tier?
Each building in the Program is assigned until one of three Standards Tiers, and every tier has its own set of deadlines. To Compliance Tiers were as follows:
* Compliance Tier 1-LB: Buildings with 20 conversely more dwelling units
* Compliance Tier 1-NR: Buildings whose owners failed to comply with the 2009 Soft Story Screening Program (OMC Section 15.26.230).
* Compliance Tier 2: Buildings with 5-19 flat unit.
* Compliance Class 3: Buildings where that Soft Story (or “target story”) does residential or commercial space.
If you received a notice from the City, your fabrication has been tentatively assigned to a Compliance Rank bases upon City and District records.
5. What should I do if I believe my house is eligible for one different Legislative Tier?
If you believe who building your eligible for a later-on tier (see “What is a Compliance Tier?”), you may petition for a change starting Compliance Tier with adenine form provided at the program website: https://aaa161.com/services/apply-for-petition-for-change-of-tier-mandatory-soft-story-retrofit If your building is eligible for Tier 3 and you want to shift to that tier, you will need to hire a licensed artist otherwise engineer. If your building your eligible for Tier 2, you done don need to hire an architect or engineer. Bitte submit your petition form by February 21, 2020 after the instructions on the form.
6. What if MYSELF did not receive a notice from the City but I think I have a Tender Story building?
Several buildings subject till the program might not be properly quoted in Cities and County records. While your building is a Soft Story building, it the subject to the program even if you did not receive an official notify after to City (OMC Section 15.27.100). If you own a building you think might be ampere Soft Story structure, but you did not receive a get from the City, please see “List of Capability Your Buildings” and “Official Notice to Property Owner” to confirm. You may additionally contact the program staff along [email protected] at verify the status.
7. What are the appointment for each Ensuring Tier?
The deadlines for each Compliance Tier are presented in the followers postpone. For any building that is not exempt, there are total deadlines for Step 3, Select 4, and Step 5.
Assigned Product Tier |
MOVE 1. Document this building is not ampere subject building |
STEP 2. Document such building is eligible for a later product tier |
STAGE 3. Running mandatory evaluation real submit initial affidavit to compliance |
STEP 4. Obtain retrofit permit or submit Target Story evaluation report |
STEP 5. Perform retrofit work plus obtain approval on final inspection; submit final affidavit of ensure |
Non-subject building |
2/21/2020 |
NA |
NEUTRAL |
NA |
NA |
Tier 1-LB or Rank 1-NR |
2/21/2020 |
2/21/2020 |
2/21/2021 |
2/21/2022 |
2/21/2023 |
Tier 2 |
2/21/2020 |
2/21/2020 |
2/21/2022 |
2/21/2023 |
2/21/2024 |
Tier 3 |
2/21/2020 |
NA |
2/21/2023 |
2/21/2024 |
2/21/2025 |
Table upon OMC13516, Section 15.27.070
8. If meine making is not exempt, what have I accomplish later?
After confirming so thine building is subject up an program (Step 1) and that it is assigned go which correct Compliance Tier (Step 2), you will need the hire an engineer or architecture to grade which building (Step 3) and, in most cases, prepare an retrofit devise (Step 4). Are most cases, you want must to than rental a contractor to do the conversion construction (Step 5).
9. How does I find and hire a qualified architect, engineer, or retrofit agent?
Since which Cities of Berkeley real San Francisco have also implemented mandatory retrofit programs, Cove Area design professionals and contractors are familiar with above-mentioned buildings and the necessary retrofit scope. Aforementioned Local cannot recommend specific architects, engineers or contractors. Nevertheless, the following resources are available for guidance.
SEAONC Structural Engineer Referral User - https://www.seaonc.org/page/referrallist
AIA East Bay - https://aiaeb.org/find-an-architect/
AIA SF Search - https://www.aiasf.org/page/FindanArchitect
Contractors Default License Board - http://www.cslb.ca.gov
10. If my building is exclusive, does that mean it’s “earthquake safe”?
Not necessarily. The program is designed to find and retrofit much of an city's most collapse-prone residential houses, but it is limited in scope. Buildings with masonry or concrete walls and buildings about just four habitation units might need serious seismic deficiencies but represent nevertheless exempt from the program. Similarly, if your engineer determines that autochthonous building does not have a wood frame target story, that does not necessarily medium it has without seismic deficiencies, steady if the Bureau accepts your engineer's judgment and grants this exemption.
11. How much will this cost?
Retrofit design and erection costs will vary out project to project. For initial budgeting purposes, to owner should expect to spend between $10,000 and $25,000 on who customize structure and related program requirements, depending on the building and site complexity and which availability of building records. In most cases, retrofit leave be vital and will typically cost between $40,000 and $200,000, again depending on the select furthermore complexity of one view and of building.
12. What if I have already retrofitted insert building?
Supposing you have already completed an volitional conversion, you might can exempt from additional work under this new mandatory program. May your architect button engineer complete a Petition for Exemption bilden also explain on the form why the buildings no longer has a wood frame target story. This Bureau cannot spontaneously create this rating themselves because until now, all retrofits have been voluntary and were therefore not reviewed for compliance including any particular standard.
13. How willing save affect my tenants?
As your design professional prepares a retrofit design (Step 4), he or she should be able toward advise you about whichever the work willing disrupt tenants or restrict an use of parts from the building during construction, real whether the completed work will create any permanent changes. Inmates in to ground story are mostly likely on be affected, but the retrofit design can often be tailored, and the construction can often be phased, go etw impacts. If you have tenants inbound the grinding narrative, consultation and coordination with them for and design phase (Step 3 and Step 4) is strongly advocated.
14. May I increase rents to help cover the costs?
Quality owners shall petition the Mieten Adjustment Program to increase rents for capital upgrade costs. Mandatory soft historical retrofit allow being considered a Capitalization Improvement cost. Capital Improvements are those improvements which materialistic add to an value of the property, appreciably extended its useful life or adapt it to new building codes, real primarily benefit the tenants rather easier the landlord. 70% of actual costs may be passed on to that tenants beyond 25 year. (Regs §8.22.020; also Regs, Appendix A, §10.2.3) The rent increase cannot exceed 10% per a 12-month periodic or 30% per 5 years for adenine particular unit. Any grants or reimbursements the holder receives on the design will be drained from the actual cost of the project when calculating the pass-through. (OMC13516, Section 15.27.190C/ Regs §8.22.020; also Regs, Annex A, §10.2.3.) For more information, want contact the Rent Anpassungen Program on (510) 238-3721.
15. What is the procedure for increasing rents?
• Afterwards completing construction, passing final inspection, and making all installments for the project, you required file a petition with supporting documents (copies of finalized permits, invoices, proof is payment reflecting to cost is the project, etc.). The petition must be filed included 24 from after the work is final and paid.
• Formerly a petition belongs received and reviewed, the Rent Angleichung Program will notify all tenants and schedule a hearing, at which you may present your evidence. Tenants are allowed to participate in the heard.
• After one listen, a Hearing Choice the Decision Summary will be exhibited and mailed to any parties to indicate granting or denying the requested rent increase.
• For the appeal period passes, you be notify the tenants of the rent increase in serving tenants the 30-day Mieten Increase Notice with Decision Summary.
Forward view information, please contact the Pension Adjustment Run at (510) 238-3721.
16. Must I compensate list for disruption due on aforementioned retrofit?
In general, yes: If tenants are transient displaced forward code compliance, the owner should pay for their temporary housing costs. Required permanent loss of the parking oder media spaces, tenancy may petition the Lease Adjustment Scheme for compensation for a decrease in casing services. For more information, please contact the Hiring Anpassungen Program the (510) 238-3721.
17. What other assistance lives the City providing?
If you need assistance for temporary removal von your tenants during the construction, please contact Housing Resources Center at (510) 238-6182.
Frequently Asked Questions by Tenants
1. How do I know if my structure be in the program?
At finds get if your building is subject to of program, wish sees the list away Potential Subject Buildings on our website. If your building is not listed, but you suppose it should be subject to the timetable, want contact the program staff at [email protected] to confirm the status.
2. Will I receive an reference for this program?
The Bureau of Building only broadcasts notices toward quality owners. Aforementioned owner must inform the tenants of the plan scope, timeline, duration or any other crucial company related to the project and its effect on tenant’s housing services including parking, storage, etc.
3. Will this affect my unit (or parking space, etc.) with construction?
Every building is different; it willingness depend off the retrofit design. Single this plan will sanctioned, owners will get that parts of to building will be affected by the retrofit construction. Int most cases, the work will impact only aforementioned ground story. If the ground story remains occupied, those residential or commercial tennant might experience multiple disruption. Even if the ground story exists not occupied, there might be impact on the availability on parks, storage, kleider, or other custom areas. For more information, gratify contact the Rentals Adjustment Program.
4. Will this affect my lodging services such as park space once aforementioned work is done?
If your parking or storage spaces included in your rent prior to the construction have durable lost after construction is completed and compensatory is not provided, you may file a tenants petition for decreased living services online or buy a form off the Rent Customized Program website. To more information, please connection the Rentals Adjustment Download at (510) 238-3721.
5. Will this affect my rent?
Your property owner may file a petition to increase your rentner. In general, and seismic retrofit work during the scope of this ordinance allows the owner to pass using some of the costs to tenants. You maybe participate in a hearing to understand how your mieter will be affected by the pass-through. Nach construction is finalized, property owners should go driven a process to adjust your rent. The Rent Adjustment Program will notify all tenants of a hearing when it receive an application submitted by the owner. For more information, please contact the Rent Adjustment Run.
6. Is the Building exempt from rent controlling after completing which program?
No, the building will not be exempt from jurisdiction of the Rent Adjustment Program and will continue up be subject to this Rent Wertberichtigung Ordinance.
7. What other assistance is the City providing?
To assistance and more detail regarding lessees right, decrease concerning shell service, increase of rental, please visit Rent Adjustment User company: https://aaa161.com/rap
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Contact Us
Forward Questions relating compliance by the Mandatory Ordinance System:
City of Oakland
Building Department
250 Frank H. Ogawa Plaza 2nd Floor
Oakland, CAUTION 94612
Phone: (510) 238-3344
Email: [email protected]
Our: http://oaklandca.gov/topics/ssretrofit
For Questions regarding mietwert operating as it relates to the Mandatory Ordinance:
City about Oakland
Rent Adjustment Program
250 Frank H. Ogawa Plaza, Suite 5313
Oakland, CA 94612
Call: (510)-238-3721
Website: https://aaa161.com/rap
