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Rent Control & Local Ordinances

Did you know that the Bay Area is one of the most heavily regulated rental housing markets in the United States?  

While State and Federal laws govern most rental housing operations in California, local governments have passed local ordinances that affect our businesses. As your advocate, we work with local governments to find solutions that minimize legislative and regulatory solutions. Even rental housing providers with a single-family home are affected by many of these rules and regulations.

Statewide Rent Caps & Just Cause For Eviction

Governor Gavin Newsom signed Assembly Bill 1482, legislation that caps rent increases statewide and provides “just cause” for eviction protections to renters throughout California.

This landmark legislation, officially the Tenant Protection Act of 2019, caps annual rent increases at 5% plus the rate of inflation for much of the state’s family housing stock. It also requires landlords to show a “just cause” to evict most tenants in place for 12 months or more.

AB 1482 took effect on January 1, 2020. You can find compliance documents and forms to help follow the law here.

Local Ordinances At-A-Glance

Unincorporated Alameda County

  • Rent Review & Mediation
    • Applies to properties of 3 or more units
    • Tenant may request rent review for increases of $75 or 10%, whichever is lower
  • For increases of up to 10%, 30 days written notice is required. For increases in excess of 10%, 90 days written notice is required.
  • Special wording to be included on ANY notice of rent increase

 

City of Fremont

  • Rent Review
  • Applies to ALL units
  • Special notice provided to all  tenants at move-in AND with any rent increase.
  • Only 1 increase per year.

 

City of Hayward
• Mandatory mediation & binding arbitration
• Applies to all pre-1979 units EXCEPT single family homes
• 5% rent increase per year (additional allowances for capital improvements, banking, etc.)
• Special notices provided to all tenants at move-in AND with any rent increase.
• Only 1 increase per year.
• “Just Cause” for Eviction for ALL UNITS
• Rent increase & termination notices reported to City
• Additional tenant protections

* Hayward's Residential Rent Stabilization Ordinance (RRSO) has a lower rent cap than AB 1482, and therefore takes precedence for all covered units.  Units not covered under Hayward's RRSO will be subject to AB 1482, unless they meet on of the explicit exemptions.

 

City of San Leandro
• Rent Review
• Applies to 2+ units
• Review if increase >7%
• Special notice with any  rent increase.
• Tenant Relocation Assistance up to $7,000 + additional for "special circumstances"
• 90 day notice for termination
• Special notice provided for any termination

 

City of Union City
• Rent Review
• Applies to ALL rentals
• Review if increase >7%
• Special notice provided for any increase.
• “Just Cause” for Eviction PLUS additional requirements

Local Regulation/Ordinance Resources

Our database of Local Ordinances and Regulation summaries are available to all members of RHA. While our information is not legal advice, it does provide a reasonable overview of the most common types of regulation that affect any operator in Alameda County. Each section provides a general overview and direct links to additional assistance and in many cases, the governing statutes.

COVID-19 Eviction Moratoria

Last Updated 10/9/2020

Federal

CDC 2020-19654

Temporary Halt in Residential
Evictions To Prevent the Further
Spread of COVID–19

County of Alameda
Supersedes all city-level moratoria

2020-41 (August 4)
2020-39 (July 14)
2020-38 (June 30)
2020-32 (June 23)
2020-21 (April 7)
2020-17 (March 31)
2020-14 (March 24)

City of Freemont

Executive Order

City of Hayward
Expired Sept. 30, 2020

20-11 (June 30)
20-07 (April 7)
20-06 (March 24)

City of Livermore
Expired Sept. 30, 2020

20-3.3 (July 1)
20-3.2 (May 5)
20-3.1 (April 2)
20-3 (March 25)

City of San Leandro

2020-003

City of Newark

519-U

City of Union City

877-20

This site is intended to provide general guidance to owners and operators of residential rental housing and is not intended, nor should it be considered, legal advice. Owners and property managers should consult their financial advisors and/or attorneys regarding specific issues that arise involving a tenancy or operations. Only a trained professional, familiar with the details of a specific situation, can provide adequate counsel on which to base individual business decisions.