NOTICE REGARDING VACANCY DECONTROL MORATORIUM: Residential Rent Stabilization Ordinance

On May 29, 2018 the City Council adopted an emergency ordinance enacting an 18-month moratorium on the decontrol of rental units. This means that the City will not accept vacancy decontrol applications until the end of the moratorium except in cases where prior to the enactment of the ordinance: 1) the unit was voluntarily vacated, and 2) the landlord has started improvements to the unit meeting or exceeding the current improvement value:

• $1,566.43 for one or less bedrooms, or
• $2,349.65 for two bedrooms, or
• $3,132.86 for three or more bedrooms.

Section 8 (f) of the Residential Rent Stabilization Ordinance lists the kinds of improvements.

Steps to Complete a Decontrol Application Initiated Prior to the Enactment of the Ordinance:

Step 1: Landlord provides documentation to Rent Review Program to confirm compliance with the moratorium including:

1. Documentation that the unit has been voluntarily vacated such as a copy of a tenant’s Notice of Intent to Vacate or a declaration under penalty of perjury by the landlord that the unit was voluntarily vacated; and
2. Documentation, such as permits, contracts or receipts, that repairs to the unit have been initiated that meet or exceed current improvement value threshold. Documentation can be mailed, e-mailed, or delivered to:

Step 2: Rent Review program provides the landlord with a decontrol form. This form will be required to pay inspection fees and schedule an inspection.

Step 3: Landlord pays $700 inspection fee with Revenue Services. Revenue Services will stamp decontrol form as paid.

Step 4: Landlord schedules inspection with Code Enforcement, at 777 B Street, 1st Floor, Hayward, CA 94541 or (510) 583-4143.

Step 5: Code Enforcement inspects the unit for code compliance. All violations must be remedied. Once the unit passes inspection, Code Enforcement will sign decontrol form.

Step 6: Landlord leases unit to new tenant. Per the Residential Rent Stabilization Ordinance, new tenant must be provided with the following:

1. A copy of the current Residential Rent Stabilization Ordinance;
2. A written statement that the unit was voluntarily vacated;
3. A written statement of the disposition of the security deposit;
4. A written explanation of the type(s) of improvement(s) performed to the unit and the value of such improvement(s); and
5. A written statement that the unit is still covered by Section 18 (Fees), and Section 19 (Eviction for Cause).

Step 7: Landlord completes the decontrol form and returns completed application to Rent Review Office within 30-days of re-renting the unit.

Step 8: Rent Review Office receives application and provides signed and stamped copy to landlord.