Hayward Rent Ordinances

The City of Hayward has two main ordinances that protect tenants: one that limits rent increases and covers tenant petitions (RRSTO), and another that mandates relocation payments for no-fault evictions (TRAO).

RENT INCREASE LIMITS AND "JUST CAUSE" EVICTION PROTECTIONS

Hayward's protections vary widely depending on when your building was constructed. It's crucial to know which parts of the ordinance cover your unit.

1. Rent Stabilization (Limits on Rent Increases)

Hayward's local rent cap protection is relatively narrow, applying to properties built before a specific date.

Covered Units: Multi-unit buildings (two or more units) with a Certificate of Occupancy issued before July 1, 1979.

Exempt Units: Units built after July 1, 1979; single-family homes/condos where tenancy began after Jan 1, 1996; most mobile homes; owner-occupied Accessory Dwelling Units (ADUs).

IMPORTANT: If your unit is exempt from Hayward's local rent cap (e.g., a newer building or single-family home), it is likely covered by the California Tenant Protection Act of 2019 (AB 1482), which caps annual rent increases at 5% plus the Consumer Price Index (CPI), up to a maximum of 10%.

2. Just Cause Eviction Protections

Hayward's Just Cause protections are very broad, covering almost all rental units in the city. Your landlord must have one of 15 specific legal reasons to evict you. All Rental Units are protected, except Owner-occupied units where the owner shares the kitchen or bathroom with the tenant.

The 15 Just Cause Eviction Reasons: Eviction reasons are categorized as At-Fault (based on tenant action) or No-Fault (based on the landlord's intent, requiring relocation payment).

At-Fault: Failure to pay rent, breach of the lease, creating a nuisance, willful/substantial damage, refusing to sign a materially similar new lease, or refusing landlord's lawful entry.

No-Fault: Owner or Relative Move-In (OMI), demolition of the unit, or temporary eviction for substantial repairs.


Rent Increases and Tenant Petitions

For covered units (built before July 1, 1979), your landlord is limited to a small annual increase and must follow strict procedures.

Maximum Allowable Rent Increase

  • Annual Cap: Your rent can only be increased up to 5% once in any twelve-month period.

  • Banked Increases: A landlord can use prior allowable rent increases they didn't take (up to 10 prior years). However, the total increase, including banked amounts, cannot exceed 10% per year.

  • Notice: The 30-day rent increase notice must clearly state: The reason for the increase; The contact information for the Rent Review Office (RRO); A blank copy of the RRO petition form.

Petitioning the Rent Review Office (RRO)

If you receive a rent increase greater than the 5% threshold, believe the banked increase is calculated incorrectly, or have issues with your unit, you can file a petition. You should file a petition for review within 30 days after receiving the notice.

You can also petition the RRO if: Your rent was increased while the unit has existing health, safety, fire, or building violations. OR Your landlord is not responding to your request for repairs (which may justify a rent reduction based on decreased housing services).

Relocation Assistance

If you are asked to move for a No-Fault reason, you are entitled to financial assistance.

Permanent Relocation Assistance: This is required for permanent No-Fault evictions (like Owner Move-In or Demolition). The landlord must pay the tenant household either: A payment of one month’s rent, OR a waiver of the last month’s rent. If repairs exceed 120 days, the landlord must offer you the option to permanently vacate and receive the Permanent Relocation Payment (one month's rent).

Temporary Relocation Assistance: This is required if you are displaced for Substantial Repairs that make the unit unsafe or uninhabitable. The assistance is paid on a per diem (per day) basis to cover living expenses. Options for Temporary Relocation: (1) Receive the per diem payments but continue paying rent to your landlord; (2) Do not receive per diem payments and be excused from paying rent during the displacement period.

Peregrine Legal Group, PC represents tenants across Hayward. Contact us to schedule a consultation.

Hayward renter resources – website: https://www.hayward-ca.gov/services/city-services/renter-resources

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.