Alameda Rent & Eviction Ordinances

The City of Alameda operates a comprehensive Rent Program that implements the Rent Ordinance (stabilizing rents) and the Limitations on Evictions Ordinance (requiring Just Cause for termination).

Who is Covered by the Alameda Rent Program?

The City of Alameda has two levels of protection, depending on the age of your property.

1. Fully Regulated Units (Rent Control & Just Cause)

  • Applies to: Residential units at multi-unit properties (two or more units on a legal lot of record) that were built before February 1, 1995.

  • Key Consideration: Even if a building received a new certificate of occupancy after 1995 (e.g., converted military housing), Alameda's regulations assert that the unit is fully regulated if the property was used for residential purposes prior to February 1, 1995.

2. Partially Regulated Units (Just Cause Only)

  • Applies to: Properties that are exempt from the rent cap portion of the Ordinance (like single-family homes, condominiums, and units built after February 1, 1995).

  • Protection: These units are still protected by the City's Just Cause for Eviction rules and are subject to the Rent Program's administrative requirements.

Key Exemptions (Generally NOT Covered by Local Protections)

  • Units with rent subsidized or regulated by Federal law (though this is subject to legal updates for certain programs like Housing Choice Vouchers).

  • Units owned by the Housing Authority.

  • Rooms in hospitals, care facilities, convents, fraternities, or sorority houses.

  • Units rented to guests for 30 days or less (e.g., short-term rentals, hotels).

RENT INCREASE LIMITS (ANNUAL GENERAL ADJUSTMENT - AGA)

For Fully Regulated Units (built before Feb. 1, 1995), your rent increases are capped by the Annual General Adjustment (AGA):

  • Limit: A landlord can only increase the rent once in any 12-month period. That increase is capped at the AGA percentage, which is determined annually.

  • Calculation: The AGA is calculated as 70% of the percentage change in the Consumer Price Index (CPI-W) for the 12-month period ending in April, with a local floor of 1% and a cap of 5%.

Banking Past Rent Increases

Alameda's rules on "banking" (deferring unused AGA) are very specific and restrictive:

  • Usage Cap: A rent increase using banked amounts cannot exceed the current year's AGA plus 3.0%.

  • Frequency: A landlord may not implement a banked increase in consecutive years or more than three times during a single tenancy.

  • Total Cap: A landlord may not bank a total of more than 8.0%.

  • Transfer Prohibition: Banked rent increases do not transfer to a new owner when the property changes hands.

  • Required Disclosure: Any landlord using banked amounts must serve the tenant with a special Form RP-203 and file copies with the Rent Program.

Challenging a Rent Increase

A landlord may petition the Rent Program for an Upward Rent Adjustment for reasons such as an approved Capital Improvement Plan (CIP). However, tenants can also file for a Downward Rent Adjustment if:

  • The landlord has implemented an unlawful rent increase (e.g., exceeding the AGA or banking limits).

  • The landlord has reduced housing services (e.g., removing a laundry facility or parking space).

  • The landlord has failed to maintain the unit in a habitable condition.

JUST CAUSE EVICTION PROTECTIONS

All covered units (both fully and partially regulated) are protected from eviction unless the landlord can prove one of nine Just Cause reasons for termination. The landlord must file a copy of the termination notice with the Rent Program.

The Nine Allowable Reasons for Termination

For Cause (Tenant Fault): Failure to pay rent, breach of a material lease term, committing waste or nuisance, refusal to give landlord access, criminal activity, or using the premises for an unlawful purpose.

No-Fault (Landlord Intent): Owner Move-In, Demolition, Approved Capital Improvement Plan, Withdrawal from the Rental Market (Ellis Act), or Compliance with a Governmental Order (e.g., to perform repairs).

Special Eviction Rule: Excessive Rent Increase

A tenant is entitled to a Permanent Relocation Payment if they vacate the unit within 90 days of receiving a rent increase notice that exceeds 10% (even if the property is only partially regulated). This effectively creates a financial disincentive for landlords to impose large increases.

Relocation Payments and Tenant Compensation

Alameda's relocation benefits are among the highest and most specific in the region, adjusted annually for inflation.

  • Permanent Relocation Payments

Relocation payments are required for all No-Fault evictions (Owner Move-In, Demolition, CIP, Ellis Act, Governmental Order).

The payment amount is based on the unit size and is adjusted annually (effective July 1st).

  • Temporary Relocation Payments

If you are temporarily displaced due to a governmental order or health/safety conditions, the landlord must pay for temporary housing on a per diem (per day) basis.

Right of Return

If a No-Fault eviction is for a Substantial Remodel or Governmental Order, the landlord must offer you the opportunity to re-rent the unit once the repairs are complete.

Peregrine Legal Group, PC, represents tenants throughout Alameda County. Contact us to schedule a consultation.


Alameda Rent Ordinance Website: https://www.alamedarentprogram.org/FAQs 

Disclaimer: This information is for general knowledge only and is not legal advice. For specific legal issues, you should consult with a qualified attorney or contact the Pasadena Rent Stabilization Department.