For disabled tenants who rely on an elevator to access their apartment or home, a broken one can cause serious inconveniences and prevent them from moving independently.
To address this longstanding concern, the Oakland City Council voted Tuesday to adopt an ordinance to ensure that tenants with mobility disabilities have equal access to housing.
Under previous laws, landlords in Oakland were not required to compensate or provide recourse to tenants with mobility disabilities — even if elevator access was prevented.
But under Tuesday’s Elevator Maintenance Ordinance, Oakland landlords are legally required to maintain safe elevators. And, if unable to do so for a period greater than 24 hours, they must either secure alternative housing for residents with mobility disabilities or reimburse residents who choose to secure their own alternative housing, $250 a night.
The elevator ordinance was developed alongside the mayor’s Commission on Persons with Disabilities and allows tenants with mobility disabilities to sue building operators who fail to comply.
“I have experienced firsthand the indignity and danger that is caused when I’m unable to access or leave my home due to an elevator outage,” Noah Smith, a member of the commission, said in a statement. “This new ordinance protects tenants like me who rely on elevator service to access our homes.”
“Everyone deserves to be able to freely come in and out of their building or home. For people with mobility impairments, a functioning elevator in a residential building is absolutely essential.”
Council president and ordinance cosponsor Nikki Fortunato Bas
When the ordinance officially takes effect Dec. 15, building owners who are found to be noncompliant can be sued for injunctive relief, actual damages and statutory damages by tenants.
“Everyone deserves to be able to freely come in and out of their building or home. For people with mobility impairments, a functioning elevator in a residential building is absolutely essential,” council president and ordinance cosponsor Nikki Fortunato Bas said in a statement.
Many advocacy groups also called the ordinance a landmark win for people with disabilities across Oakland. Navneet Grewal, litigation counsel for Disability Rights California, said this decision could lead to improvements across the Bay Area.
“A broken elevator can make a person a prisoner in their own home and functioning elevators are simply necessary to ensure that everyone has the same ability to come and go as they please,” Grewal said. “We are glad to see that the city of Oakland’s elevator ordinance recognizes that prompt maintenance and accommodations are necessary to make sure that disabled people can live safely in their homes and hope that it can be a model for others.”
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