The City encourages landlords to pursue legal advice and counsel, and to consider the points below when a rent review petition request is made:
Maintain Sufficient Records
Landlords may be asked to provide original documentation, including notices of rent increase and decontrol applications. The landlord has the burden of proof.
Participate in Mediation and Arbitration
Failure to appear for mediation or arbitration could void any rent increase challenged by a petition. The landlord can identify someone to represent them. This must be done in writing.
Harassment and Retaliation
A landlord cannot retaliate against a tenant who exercises his/her legal rights. This includes, but is not limited to:
- threatening to evict a tenant
- engaging in harassing behavior that causes a tenant to leave
- decreasing or withholding housing services
- increasing the rent
- imposing any other charge payable by a tenant
In addition, under California State law, it is illegal for a landlord to retaliate against a tenant in California who has exercised a legal right, including:
- complaining to the landlord about unsafe or illegal living conditions;
- complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions;
- sharing their views collectively, or by joining or organizing a tenant union; or
- exercising a legal right allowed by the state or local law, such as not paying the rent for an uninhabitable unit.
It is also illegal for California landlords to terminate a tenancy based on tenants' immigration or citizenship status.
Retaliation and/or harassment of a tenant for exercising their rights is a defense against any action to evict the tenant and may expose the landlord to civil action.
Additional Resources
- Rental Housing Association, South Alameda County: 510-537-0340; https://www.rhasouthernala.com/
- California Apartment Association: https://caanet.org/
- CAA Code of Ethics: https://caanet.org/ethics/

