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Change of Ownership

Seller Questions
Buyer Questions

Will OHA give information about Section 8 units to prospective buyers?
In order to protect both the owner's and the tenant's privacy, OHA does not release rental or contract information to prospective buyers or Real Estate agents/brokers. The owner must provide OHA with an Agent Agreement for an individual or company to be given authorization to access information about their Section 8 units.

Sellers: If you are selling your property and you need information about your Section 8 units (such as rent and security deposit amounts) you can request this information from your Representative. Please call (510) 587-2100 if you need to find out who your Representative is.

Buyers: If you are planning to buy a property with Section 8 contracts and you need information about the lease and contract, please work with the seller and/or their agent to collect the necessary information.

Seller Questions

Can I transfer the lease and contract to a new owner?
The lease and HAP Contract may be transferred to a new property owner.

The new owner will need to provide OHA with proof of ownership documentation in order to begin receiving the Housing Assistance Payments. The new owner will fill out the Payment and Ownership Declaration form and return it with the necessary documents to OHA:

Oakland Housing Authority
1805 Harrison Street
Oakland, CA 94612
Attention: Change of Ownership

Phone: (510) 587-2100
Fax: (510) 587-2132

How long will it take to transfer OHA's payments to the new owner?
The process of verifying ownership and transferring payments can take a couple weeks. If you will be closing escrow after the 15th of the month, please expect the next month's check to be sent to the previous owner and account for the payment in escrow. Change of ownership documents received after the 15th of the month cannot be processed in time to issue the next month's payment to the new owner.

Can I give the tenant notice to move out because I'm planning to sell the property?

The lease and contract can only be cancelled according to the terms of the agreements and local, state and federal laws. Please consult with an attorney for assistance.

Oakland's Just Cause Eviction Ordinance may not allow you to give your tenant notice to move because you are selling the property. Consult with an attorney for assistance.


Helpful Resources
Buying & Selling Resources
Landlord Associations & Professional Training
City of Oakland Rental Laws
State of California Rental Laws
Check out more Helpful Resources

Buyer Questions

How do I transfer the payments once I own the property?
You will need to provide OHA with proof of ownership documentation in order to begin receiving the Housing Assistance Payments. Please fill out the Payment and Ownership Declaration form and return it with the necessary documents to OHA:

Oakland Housing Authority
1805 Harrison Street
Oakland, CA 94612
Attention: Change of Ownership

Phone: (510) 587-2100
Fax: (510) 587-2132

How long will it take to transfer OHA's payments to me?
The process of verifying ownership and transferring payments can take a couple weeks. If you will be closing escrow after the 15th of the month, please expect the next month;s check to be sent to the previous owner and account for the payment in escrow. Change of ownership documents received after the 15th of the month cannot be processed in time to issue the next month's payment to the new owner.

Oakland Housing Authority
1805 Harrison Street
Oakland, CA 94612
Attention: Change of Ownership

Phone: (510) 587-2100
Fax: (510) 587-2132

Can I raise the rent?
Rent increases for Section 8 units can only be considered after the initial lease term (usually one year). You should find out from the seller how long the tenants have lived there, if increases have been requested, and what amounts were approved.

Rent increases for Section 8 units are not automatic and must be reviewed and approved by OHA. Section 8 rent increases are not a set amount or percentage, they are based on the market rent for the property at the time of the request.

If the seller did not give a rent increase recently and/or if you feel the unit is below market, you may be able to increase the rent. In order to receive a rent increase you must give your tenant proper notice of the increase according to state law. The rent increase notice must be sent to your OHA Housing Representative at least 60 days before it goes into effect. All rent increases must be reviewed and approved by OHA. You will receive a notice from OHA letting you know if the amount you requested was approved and the effective date of the increase. This notice will also tell you what the new rent portions will be.

Can I change other terms of the tenancy that are not related to the rent?
Changes to the terms of the tenancy can only be made after the initial lease term and must be done according to state and local laws.

If you and your tenant agree to change the terms of the tenancy, these changes must be made in writing and a copy must be sent to OHA immediately. The changes will be reviewed by OHA to make sure they do not conflict with program rules. Some changes, such as changes to who will pay the utilities, could require you to sign a new HAP Contract with OHA.

Can the tenant and I sign a new Lease Agreement during the tenancy?
After the initial lease term (usually one year) you and the tenant can agree to sign a new Lease Agreement. You are not required to sign a new Lease Agreement because there has been a change of ownership.

OHA will need to review your new lease and attach a HUD Section 8 Addendum before the change can be approved. Most likely you will also need to sign a new HAP Contract with OHA.

Click here for more information about the Lease Agreement.

Can I give the tenant notice to move?
The lease and contract can only be cancelled according to the terms of the agreements and local, state and federal laws. Please consult with an attorney.


Oakland's Just Cause Eviction Ordinance
may limit your ability to give your tenant notice to move out. Consult with an attorney for assistance.


Helpful Resources
Buying & Selling Resources
Landlord Associations & Professional Training
City of Oakland Rental Laws
State of California Rental Laws
Check out more Helpful Resources